Date of enactment: March 14, 2024
2023 Senate Bill 520 Date of publication*: March 15, 2024
2023 WISCONSIN ACT 119
AN ACT to repeal 48.38 (1) (ap) and 938.38 (1) (as); to amend 48.02 (15), 48.028 (2) (e), 48.028 (2) (f), 48.207
(1) (b), 48.207 (1) (f), 48.33 (4) (intro.), 48.335 (3g) (intro.), 48.335 (3j) (intro.), 48.345 (3) (a) (intro.), 48.345 (3)
(a) 1., 48.345 (3) (a) 2., 48.345 (4) (a), 48.355 (4) (b) (intro.), 48.366 (1) (a), 48.371 (1) (intro.), 48.371 (1) (a), 48.371
(3) (intro.), 48.371 (3) (d), 48.371 (5), 48.38 (2) (intro.), 48.38 (3m) (a), 48.38 (4) (f) (intro.), 48.38 (4m) (b), 48.38
(4m) (d), 48.38 (5) (b), 48.38 (5) (bm) 1., 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c) 1., 48.38 (5m) (e), 48.385
(intro.), 48.40 (1m), 48.427 (3m) (a) 5., 48.43 (5) (b) 1., 48.43 (5) (b) 3., 48.43 (5m), 48.57 (3m) (a) 1. b., 48.57 (3m)
(a) 2., 48.57 (3m) (am) (intro.), 48.57 (3m) (am) 1., 48.57 (3m) (am) 1m., 48.57 (3m) (am) 4., 48.57 (3m) (am) 4m.,
48.57 (3m) (am) 5., 48.57 (3m) (am) 5m., 48.57 (3m) (am) 6., 48.57 (3m) (ap) 1., 48.57 (3m) (ap) 2., 48.57 (3m) (ap)
3., 48.57 (3m) (b) 2., 48.57 (3m) (cm), 48.57 (3m) (h), 48.57 (3m) (i) 1., 48.57 (3n) (a) 1. b., 48.57 (3n) (a) 2., 48.57
(3n) (am) (intro.), 48.57 (3n) (am) 1., 48.57 (3n) (am) 2., 48.57 (3n) (am) 4., 48.57 (3n) (am) 4m., 48.57 (3n) (am)
5., 48.57 (3n) (am) 5m., 48.57 (3n) (am) 5r., 48.57 (3n) (am) 6. (intro.), 48.57 (3n) (am) 6. c., 48.57 (3n) (am) 6. d.,
48.57 (3n) (am) 6. e., 48.57 (3n) (ap) 1., 48.57 (3n) (ap) 2., 48.57 (3n) (ap) 3., 48.57 (3n) (b) 2., 48.57 (3n) (cm), 48.57
(3n) (h), 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h) 3. b., 48.57 (3p) (h) 4., 48.60 (2) (a), 48.62 (2), 48.64 (1), 48.64 (1m),
48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.67 (4) (b), 49.155 (1m) (a) 1m. b., 118.175 (1), 767.57 (1m) (cm), 767.57
(2), 938.02 (15), 938.028 (2) (c), 938.207 (1) (b), 938.207 (1) (f), 938.33 (4) (intro.), 938.335 (3g) (intro.), 938.335
(3j) (intro.), 938.34 (3) (a) (intro.), 938.34 (3) (a) 1., 938.34 (3) (a) 2., 938.355 (4) (am) (intro.), 938.357 (6) (a)
(intro.), 938.357 (6) (b), 938.365 (5) (b) (intro.), 938.366 (1) (a), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3)
(intro.), 938.371 (5), 938.38 (2) (intro.), 938.38 (3m) (a), 938.38 (4) (f) (intro.), 938.38 (4m) (b), 938.38 (4m) (d),
938.38 (5) (b), 938.38 (5) (bm) 1., 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c) 1., 938.38 (5m) (e) and 938.385
(intro.); and to create 48.02 (12c) and 938.02 (12c) of the statutes; relating to: inclusion of like−kin as an option for
with whom children may be placed out of their home under certain circumstances and who may receive kinship care
payments.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 48.02 (12c) of the statutes is created to
read:
48.02 (12c) “Like−kin” means an individual who has
a significant emotional relationship with a child or the
child’s family that is similar to a familial relationship and
who is not and has not previously been the child’s
licensed foster parent. For an Indian child, “like−kin”
includes individuals identified by the child’s tribe
according to tribal tradition, custom or resolution, code,
or law.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 2. 48.02 (15) of the statutes is amended to
read:
48.02 (15) “Relative” means a parent, stepparent,
brother, sister, stepbrother, stepsister, half brother, half
sister, brother−in−law, sister−in−law, first cousin, first
cousin once removed, 2nd cousin, nephew, niece, uncle,
aunt, stepuncle, stepaunt, or any person of a preceding
generation as denoted by the prefix of grand, great, or
great−great, whether by blood, marriage, or legal adop-
tion, or the spouse of any person named in this subsec-
tion, even if the marriage is terminated by death or
divorce. For purposes of the application of s. 48.028 and
the federal Indian Child Welfare Act, 25 USC 1901 to
1963, “relative” includes an extended family member, as
defined in s. 48.028 (2) (am), whether by blood, mar-
riage, or adoption, including adoption under tribal law or
custom. For purposes of placement of a child, “relative”
also includes a parent of a sibling of the child who has
legal custody of that sibling.
SECTION 3. 48.028 (2) (e) of the statutes is amended
to read:
48.028 (2) (e) “Out−of−home care placement” means
the removal of an Indian child from the home of his or her
parent or Indian custodian for temporary placement in a
foster home, group home, residential care center for chil-
dren and youth, or shelter care facility, in the home of a
relative other than a parent, in the home of like−kin, or in
the home of a guardian, from which placement the parent
or Indian custodian cannot have the child returned upon
demand. “Out−of−home care placement” does not
include an adoptive placement, a preadoptive placement,
a delegation of powers, as described in par. (d) 5., an
emergency change in placement under s. 48.357 (2) (b),
or holding an Indian child in custody under ss. 48.19 to
48.21.
SECTION 4. 48.028 (2) (f) of the statutes is amended
to read:
48.028 (2) (f) “Preadoptive placement” means the
temporary placement of an Indian child in a foster home,
group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the
home of like−kin, or in the home of a guardian after a ter-
mination of parental rights but prior to or in lieu of an
adoptive placement. “Preadoptive placement” does not
include an emergency change in placement under s.
48.437 (2).
SECTION 5. 48.207 (1) (b) of the statutes is amended
to read:
48.207 (1) (b) The home of a relative or like−kin,
except that a child may not be held under this paragraph
in the home of a relative if the relative person who has
been convicted under s. 940.01 of the first−degree inten-
tional homicide, or under s. 940.05 of the 2nd−degree
intentional homicide, of a parent of the child, and the con-
viction has not been reversed, set aside or vacated, unless
the person making the custody decision determines by
clear and convincing evidence that the placement would
be in the best interests of the child. The person making
the custody decision shall consider the wishes of the child
in making that determination.
SECTION 6. 48.207 (1) (f) of the statutes is amended
to read:
48.207 (1) (f) The home of a person not a relative or
like−kin, if the placement does not exceed 30 days,
though the placement may be extended for an additional
30 days for cause by the court, and if the person has not
had a license under s. 48.62 refused, revoked, or sus-
pended within the last 2 years.
SECTION 7. 48.33 (4) (intro.) of the statutes is
amended to read:
48.33 (4) OTHER OUT−OF−HOME PLACEMENTS. (intro.)
A report recommending placement of an adult expectant
mother outside of her home shall be in writing. A report
recommending placement of a child in a foster home,
group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the
home of like−kin, in the home of a guardian under s.
48.977 (2), or in a supervised independent living arrange-
ment shall be in writing and shall include all of the fol-
lowing:
SECTION 8. 48.335 (3g) (intro.) of the statutes is
amended to read:
48.335 (3g) (intro.) At hearings under this section, if
the agency, as defined in s. 48.38 (1) (a), is recommend-
ing placement of the child in a foster home, group home,
or residential care center for children and youth, in the
home of a relative other than a parent, in the home of like−
kin, in the home of a guardian under s. 48.977 (2), or in
a supervised independent living arrangement, the agency
shall present as evidence specific information showing
all of the following:
SECTION 9. 48.335 (3j) (intro.) of the statutes is
amended to read:
48.335 (3j) (intro.) At hearings under this section
involving an Indian child, if the agency, as defined in s.
48.38 (1) (a), is recommending removal of the Indian
child from the home of his or her parent or Indian custo-
dian and placement of the Indian child in a foster home,
group home, or residential care center for children and
youth or in the home of a relative other than a parent or
in the home of like−kin, the agency shall present as evi-
dence specific information showing all of the following:
SECTION 10. 48.345 (3) (a) (intro.) of the statutes is
amended to read:
48.345 (3) (a) (intro.) The home of a parent or, other
relative, or like−kin of the child, except that the judge
may not designate any of the following as the child’s
placement, unless the judge determines by clear and con-
vincing evidence that the placement would be in the best
interests of the child or, in the case of an Indian child, the
best interests of the Indian child as described in s. 48.01
(2): − 3 − 2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 11. 48.345 (3) (a) 1. of the statutes is
amended to read:
48.345 (3) (a) 1. The home of a parent or, other rela-
tive, or like−kin if the parent or, other relative, or like−kin
has been convicted under s. 940.01 of the first−degree
intentional homicide, or under s. 940.05 of the 2nd−de-
gree intentional homicide, of a parent of the child, and the
conviction has not been reversed, set aside, or vacated.
In determining whether a placement under this subdivi-
sion would be in the best interests of the child, the judge
shall consider the wishes of the child.
SECTION 12. 48.345 (3) (a) 2. of the statutes is
amended to read:
48.345 (3) (a) 2. The home of a relative other than the
parent of a child or the home of like−kin if the judge finds
that the relative or like−kin has been convicted of, has
pleaded no contest to, or has had a charge dismissed or
amended as a result of a plea agreement for a crime under
s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2.,
3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
law of another state.
SECTION 13. 48.345 (4) (a) of the statutes is amended
to read:
48.345 (4) (a) A relative or like−kin of the child.
SECTION 14. 48.355 (4) (b) (intro.) of the statutes is
amended to read:
48.355 (4) (b) (intro.) Except as provided under s.
48.368, an order under this section or s. 48.357 or 48.365
made before the child reaches 18 years of age that places
or continues the placement of the child in a foster home,
group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the
home of like−kin, or in a supervised independent living
arrangement shall terminate on the latest of the following
dates, unless the judge specifies a shorter period or the
judge terminates the order sooner:
SECTION 15. 48.366 (1) (a) of the statutes is amended
to read:
48.366 (1) (a) The person is placed in a foster home,
group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the
home of like−kin, or in a supervised independent living
arrangement under an order under s. 48.355, 48.357, or
48.365 that terminates as provided in s. 48.355 (4) (b) 1.,
2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1.,
2., or 3. on or after the person attains 18 years of age.
SECTION 16. 48.371 (1) (intro.) of the statutes is
amended to read:
48.371 (1) (intro.) If a child is placed in a foster home,
group home, or residential care center for children and
youth or in the home of a relative other than a parent or
in the home of like−kin, including a placement under s.
48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a),
that placed the child or arranged for the placement of the
child shall provide the following information to the foster
parent, relative, like−kin, or operator of the group home
or residential care center for children and youth at the
time of placement or, if the information has not been pro-
vided to the agency by that time, as soon as possible after
the date on which the agency receives that information,
but not more than 2 working days after that date:
SECTION 17. 48.371 (1) (a) of the statutes is amended
to read:
48.371 (1) (a) Results of an HIV test, as defined in s.
252.01 (2m), of the child, as provided under s. 252.15
(3m) (d) 15., including results included in a court report
or permanency plan. At the time that the HIV test results
are provided, the agency shall notify the foster parent,
relative, like−kin, or operator of the group home or resi-
dential care center for children and youth of the confiden-
tiality requirements under s. 252.15 (6).
SECTION 18. 48.371 (3) (intro.) of the statutes is
amended to read:
48.371 (3) (intro.) At the time of placement of a child
in a foster home, group home, or residential care center
for children and youth or in the home of a relative other
than a parent or in the home of like−kin or, if the informa-
tion is not available at that time, as soon as possible after
the date on which the court report or permanency plan has
been submitted, but no later than 7 days after that date, the
agency, as defined in s. 48.38 (1) (a), responsible for pre-
paring the child’s permanency plan shall provide to the
foster parent, relative, like−kin, or operator of the group
home or residential care center for children and youth
information contained in the court report submitted
under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or
48.837 (4) (c) or permanency plan submitted under s.
48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or
(5) (c), or 48.831 (4) (e) relating to findings or opinions
of the court or agency that prepared the court report or
permanency plan relating to any of the following:
SECTION 19. 48.371 (3) (d) of the statutes is amended
to read:
48.371 (3) (d) Any involvement of the child, whether
as victim or perpetrator, in sexual intercourse or sexual
contact in violation of s. 940.225, 948.02, 948.025, or
948.085, prostitution in violation of s. 944.30 (1m), traf-
ficking in violation of s. 940.302 (2) if s. 940.302 (2) (a)
1. b. applies, sexual exploitation of a child in violation of
s. 948.05, trafficking of a child in violation of s. 948.051,
or causing a child to view or listen to sexual activity in
violation of s. 948.055, if the information is necessary for
the care of the child or for the protection of any person liv-
ing in the foster home, group home, or residential care
center for children and youth or in the home of the rela-
tive or like−kin.
SECTION 20. 48.371 (5) of the statutes is amended to
read:
48.371 (5) Except as permitted under s. 252.15 (6),
a foster parent, relative, like−kin, or operator of a group − 4 −2023 Wisconsin Act 119 2023 Senate Bill 520
home or residential care center for children and youth
that receives any information under sub. (1) or (3), other
than the information described in sub. (3) (e), shall keep
the information confidential and may disclose that infor-
mation only for the purposes of providing care for the
child or participating in a court hearing or permanency
review concerning the child.
SECTION 20m. 48.38 (1) (ap) of the statutes is
repealed.
SECTION 21. 48.38 (2) (intro.) of the statutes is
amended to read:
48.38 (2) PERMANENCY PLAN REQUIRED. (intro.)
Except as provided in sub. (3), for each child living in a
foster home, group home, residential care center for chil-
dren and youth, juvenile detention facility, shelter care
facility, qualifying residential family−based treatment
facility with a parent, or supervised independent living
arrangement, the agency that placed the child or arranged
the placement or the agency assigned primary responsi-
bility for providing services to the child under s. 48.355
(2) (b) 6g. shall prepare a written permanency plan, if any
of the following conditions exists, and, for each child liv-
ing in the home of a guardian or, a relative other than a
parent, or like−kin, that agency shall prepare a written
permanency plan, if any of the conditions specified in
pars. (a) to (e) exists:
SECTION 22. 48.38 (3m) (a) of the statutes is amended
to read:
48.38 (3m) (a) All appropriate biological family
members, relatives, and like−kin of the child, as
determined by the agency. Notwithstanding s. 48.02
(12c), in this paragraph, “like−kin” may include an indi-
vidual who is or previously was the child’s licensed foster
parent.
SECTION 23. 48.38 (4) (f) (intro.) of the statutes is
amended to read:
48.38 (4) (f) (intro.) A description of the services that
will be provided to the child, the child’s family, and the
child’s foster parent, the operator of the facility where the
child is living, or the relative or like−kin with whom the
child is living to carry out the dispositional order, includ-
ing services planned to accomplish all of the following:
SECTION 24. 48.38 (4m) (b) of the statutes is
amended to read:
48.38 (4m) (b) At least 10 days before the date of the
hearing the court shall notify the child; any parent,
guardian, and legal custodian of the child; any foster par-
ent, or other physical custodian described in s. 48.62 (2)
of the child, the operator of the facility in which the child
is living, or the relative or like−kin with whom the child
is living; and, if the child is an Indian child, the Indian
child’s Indian custodian and tribe of the time, place, and
purpose of the hearing, of the issues to be determined at
the hearing, and of the fact that they shall have a right to
be heard at the hearing.
SECTION 25. 48.38 (4m) (d) of the statutes is
amended to read:
48.38 (4m) (d) The court shall give a foster parent,
other physical custodian described in s. 48.62 (2), opera-
tor of a facility, or relative, or like−kin who is notified of
a hearing under par. (b) a right to be heard at the hearing
by permitting the foster parent, other physical custodian,
operator, or relative, or like−kin to make a written or oral
statement during the hearing, or to submit a written state-
ment prior to the hearing, relevant to the issues to be
determined at the hearing. The foster parent, other physi-
cal custodian, operator of a facility, or relative, or like−
kin does not become a party to the proceeding on which
the hearing is held solely on the basis of receiving that
notice and right to be heard.
SECTION 26. 48.38 (5) (b) of the statutes is amended
to read:
48.38 (5) (b) The court or the agency shall notify the
child; the child’s parent, guardian, and legal custodian;
the child’s foster parent, the operator of the facility in
which the child is living, or the relative or like−kin with
whom the child is living; and, if the child is an Indian
child who is placed outside the home of his or her parent
or Indian custodian, the Indian child’s Indian custodian
and tribe of the time, place, and purpose of the review, of
the issues to be determined as part of the review, and of
the fact that they shall have a right to be heard at the
review as provided in par. (bm) 1. The court or agency
shall notify the person representing the interests of the
public, the child’s counsel, the child’s guardian ad litem,
the child’s court−appointed special advocate, and the
child’s school of the time, place, and purpose of the
review, of the issues to be determined as part of the
review, and of the fact that they may have an opportunity
to be heard at the review as provided in par. (bm) 1. The
notices under this paragraph shall be provided in writing
not less than 30 days before the review and copies of the
notices shall be filed in the child’s case record. The notice
to the child’s school shall also include the name and con-
tact information for the caseworker or social worker
assigned to the child’s case.
SECTION 27. 48.38 (5) (bm) 1. of the statutes is
amended to read:
48.38 (5) (bm) 1. A child, parent, guardian, legal cus-
todian, foster parent, operator of a facility, or relative, or
like−kin who is provided notice of the review under par.
(b) shall have a right to be heard at the review by submit-
ting written comments relevant to the determinations
specified in par. (c) not less than 10 working days before
the date of the review or by participating at the review.
A person representing the interests of the public, counsel,
guardian ad litem, court−appointed special advocate, or
school who is provided notice of the review under par. (b)
may have an opportunity to be heard at the review by sub-
mitting written comments relevant to the determinations − 5 − 2023 Wisconsin Act 119 2023 Senate Bill 520
specified in par. (c) not less than 10 working days before
the date of the review. A foster parent, operator of a facil-
ity, or relative, or like−kin who receives notice of a
review under par. (b) and a right to be heard under this
subdivision does not become a party to the proceeding on
which the review is held solely on the basis of receiving
that notice and right to be heard.
SECTION 28. 48.38 (5) (e) of the statutes is amended
to read:
48.38 (5) (e) Within 30 days, the agency shall prepare
a written summary of the determinations under par. (c)
and shall provide a copy to the court that entered the
order; the child or the child’s counsel or guardian ad
litem; the person representing the interests of the public;
the child’s parent, guardian, or legal custodian; the
child’s court−appointed special advocate; the child’s fos-
ter parent, the operator of the facility where the child is
living, or the relative or like−kin with whom the child is
living; and, if the child is an Indian child who is placed
outside the home of his or her parent or Indian custodian,
the Indian child’s Indian custodian and tribe.
SECTION 29. 48.38 (5m) (b) of the statutes is
amended to read:
48.38 (5m) (b) The court shall notify the child; the
child’s parent, guardian, and legal custodian; and the
child’s foster parent, the operator of the facility in which
the child is living, or the relative or like−kin with whom
the child is living of the time, place, and purpose of the
hearing, of the issues to be determined at the hearing, and
of the fact that they shall have a right to be heard at the
hearing as provided in par. (c) 1. The court shall notify
the child’s counsel, the child’s guardian ad litem, and the
child’s court−appointed special advocate; the agency that
prepared the permanency plan; the child’s school; the
person representing the interests of the public; and, if the
child is an Indian child who is placed outside the home of
his or her parent or Indian custodian, the Indian child’s
Indian custodian and tribe of the time, place, and purpose
of the hearing, of the issues to be determined at the hear-
ing, and of the fact that they may have an opportunity to
be heard at the hearing as provided in par. (c) 1. The
notices under this paragraph shall be provided in writing
not less than 30 days before the hearing. The notice to the
child’s school shall also include the name and contact
information for the caseworker or social worker assigned
to the child’s case.
SECTION 30. 48.38 (5m) (c) 1. of the statutes is
amended to read:
48.38 (5m) (c) 1. A child, parent, guardian, legal cus-
todian, foster parent, operator of a facility, or relative, or
like−kin who is provided notice of the hearing under par.
(b) shall have a right to be heard at the hearing by submit-
ting written comments relevant to the determinations
specified in sub. (5) (c) not less than 10 working days
before the date of the hearing or by participating at the
hearing. A counsel, guardian ad litem, court−appointed
special advocate, agency, school, or person representing
the interests of the public who is provided notice of the
hearing under par. (b) may have an opportunity to be
heard at the hearing by submitting written comments rel-
evant to the determinations specified in sub. (5) (c) not
less than 10 working days before the date of the hearing
or by participating at the hearing. A foster parent, opera-
tor of a facility, or relative, or like−kin who receives
notice of a hearing under par. (b) and a right to be heard
under this subdivision does not become a party to the pro-
ceeding on which the hearing is held solely on the basis
of receiving that notice and right to be heard.
SECTION 31. 48.38 (5m) (e) of the statutes is amended
to read:
48.38 (5m) (e) After the hearing, the court shall make
written findings of fact and conclusions of law relating to
the determinations under sub. (5) (c) and shall provide a
copy of those findings of fact and conclusions of law to
the child; the child’s parent, guardian, and legal custo-
dian; the child’s foster parent, the operator of the facility
in which the child is living, or the relative or like−kin with
whom the child is living; the child’s court−appointed spe-
cial advocate; the agency that prepared the permanency
plan; the person representing the interests of the public;
and, if the child is an Indian child who is placed outside
the home of his or her parent or Indian custodian, the
Indian child’s Indian custodian and tribe. The court shall
make the findings specified in sub. (5) (c) 7. on a case−
by−case basis based on circumstances specific to the
child and shall document or reference the specific infor-
mation on which those findings are based in the findings
of fact and conclusions of law prepared under this para-
graph. Findings of fact and conclusions of law that
merely reference sub. (5) (c) 7. without documenting or
referencing that specific information in the findings of
fact and conclusions of law or amended findings of fact
and conclusions of law that retroactively correct earlier
findings of fact and conclusions of law that do not comply
with this paragraph are not sufficient to comply with this
paragraph.
SECTION 32. 48.385 (intro.) of the statutes is
amended to read:
48.385 Plan for transition to independent living.
(intro.) During the 90 days immediately before a child
who is placed in a foster home, group home, or residential
care center for children and youth, in the home of a rela-
tive other than a parent, in the home of like−kin, or in a
supervised independent living arrangement attains 18
years of age or, if the child is placed in such a placement
under an order under s. 48.355, 48.357, or 48.365 that ter-
minates under s. 48.355 (4) (b) after the child attains 18
years of age or under a voluntary transition−to−indepen-
dent−living agreement under s. 48.366 (3) that terminates
under s. 48.366 (3) (a) after the child attains 18 years of
age, during the 90 days immediately before the termina-
tion of the order or agreement, the agency primarily − 6 −2023 Wisconsin Act 119 2023 Senate Bill 520
responsible for providing services to the child under the
order or agreement shall do all of the following:
SECTION 33. 48.40 (1m) of the statutes is amended to
read:
48.40 (1m) “Kinship care relative provider” means
a person receiving payments under s. 48.57 (3m) (am) for
providing care and maintenance for a child.
SECTION 34. 48.427 (3m) (a) 5. of the statutes is
amended to read:
48.427 (3m) (a) 5. A relative with whom the child
resides, if the relative has filed a petition to adopt the
child or if the relative is a kinship care relative provider
or is receiving payments under s. 48.62 (4) for providing
care and maintenance for the child.
SECTION 35. 48.43 (5) (b) 1. of the statutes is
amended to read:
48.43 (5) (b) 1. The court shall hold a hearing to
review the permanency plan within 30 days after receiv-
ing a report under par. (a). At least 10 days before the date
of the hearing, the court shall provide notice of the time,
place, and purpose of the hearing to the agency that pre-
pared the report, the child’s guardian, the child, and the
child’s foster parent, the operator of the facility in which
the child is living, or the relative or like−kin with whom
the child is living.
SECTION 36. 48.43 (5) (b) 3. of the statutes is
amended to read:
48.43 (5) (b) 3. The court shall give a foster parent,
operator of a facility, or relative or like−kin who is noti-
fied of a hearing under subd. 1. a right to be heard at the
hearing by permitting the foster parent, operator, or rela-
tive or like−kin to make a written or oral statement during
the hearing, or to submit a written statement prior to the
hearing, relevant to the issues to be determined at the
hearing. The foster parent, operator of a facility, or rela-
tive or like−kin does not become a party to the proceeding
on which the hearing is held solely on the basis of receiv-
ing that notice and right to be heard.
SECTION 37. 48.43 (5m) of the statutes is amended to
read:
48.43 (5m) Either the court or the agency that pre-
pared the permanency plan shall furnish a copy of the
original plan and each revised plan to the child, if he or
she is 12 years of age or over, to the child’s guardian, to
the child’s foster parent, the operator of the facility in
which the child is living, or the relative or like−kin with
whom the child is living, and, if the order under sub. (1)
involuntarily terminated parental rights to an Indian
child, to the Indian child’s tribe.
SECTION 38. 48.57 (3m) (a) 1. b. of the statutes is
amended to read:
48.57 (3m) (a) 1. b. The person is under 21 years of
age, the person is a full−time student in good academic
standing at a secondary school or its vocational or techni-
cal equivalent, an individualized education program
under s. 115.787 is in effect for the person, and the person
is placed in the home of the kinship care relative provider
under an order under s. 48.355, 48.357, 48.365, 938.355,
938.357, or 938.365 that terminates under s. 48.355 (4)
(b) or 938.355 (4) (am) after the person attains 18 years
of age or under a voluntary transition−to−independent−
living agreement under s. 48.366 (3) or 938.366 (3).
SECTION 39. 48.57 (3m) (a) 2. of the statutes is
amended to read:
48.57 (3m) (a) 2. “Kinship care relative provider”
means a relative other than a parent, an extended family
member, as defined in s. 48.028 (2) (am), or like−kin.
SECTION 40. 48.57 (3m) (am) (intro.) of the statutes,
as affected by Wisconsin Act 19, is amended to read:
48.57 (3m) (am) (intro.) From the appropriations
under s. 20.437 (2) (dz), (md), (me), and (s), the depart-
ment shall reimburse counties having populations of less
than 750,000 for payments made under this subsection
and shall make payments under this subsection in a
county having a population of 750,000 or more. Subject
to par. (ap), a county department and, in a county having
a population of 750,000 or more, the department shall
make payments per month in the amount of $375 begin-
ning on January 1, 2024, to a kinship care relative
provider who is providing care and maintenance for a
child if all of the following conditions are met:
SECTION 41. 48.57 (3m) (am) 1. of the statutes is
amended to read:
48.57 (3m) (am) 1. The kinship care relative provider
applies to the county department or department for pay-
ments under this subsection and, if the child is placed in
the home of the kinship care relative provider under a
court order, other than a court order under s. 48.9795 or
ch. 54, 2017 stats., for a license to operate a foster home.
SECTION 42. 48.57 (3m) (am) 1m. of the statutes is
amended to read:
48.57 (3m) (am) 1m. The county department or
department determines that there is a need for the child
to be placed with the kinship care relative provider and
that the placement with the kinship care relative provider
is in the best interests of the child.
SECTION 43. 48.57 (3m) (am) 4. of the statutes is
amended to read:
48.57 (3m) (am) 4. The county department or depart-
ment conducts a background investigation under sub.
(3p) of the kinship care relative provider, any employee
and prospective employee of the kinship care relative
provider who has or would have regular contact with the
child for whom the payments would be made and any
other adult resident of the kinship care relative’s
provider’s home to determine if the kinship care relative
provider, employee, prospective employee or adult resi-
dent has any arrests or convictions that could adversely
affect the child or the kinship care relative’s provider’s
ability to care for the child.
SECTION 44. 48.57 (3m) (am) 4m. of the statutes is
amended to read: − 7 − 2023 Wisconsin Act 119 2023 Senate Bill 520
48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and
2., the kinship care relative provider states that he or she
does not have any arrests or convictions that could
adversely affect the child or the kinship care relative’s
provider’s ability to care for the child and that no adult
resident, as defined in sub. (3p) (a), and no employee or
prospective employee of the kinship care relative
provider who would have regular contact with the child
has any arrests or convictions that could adversely affect
the child or the kinship care relative’s provider’s ability
to care for the child.
SECTION 45. 48.57 (3m) (am) 5. of the statutes is
amended to read:
48.57 (3m) (am) 5. The kinship care relative provider
cooperates with the county department or department in
the application process, including applying for other
forms of assistance for which the child may be eligible.
SECTION 46. 48.57 (3m) (am) 5m. of the statutes is
amended to read:
48.57 (3m) (am) 5m. The kinship care relative
provider is not receiving payments under sub. (3n) with
respect to the child.
SECTION 47. 48.57 (3m) (am) 6. of the statutes is
amended to read:
48.57 (3m) (am) 6. The child for whom the kinship
care relative provider is providing care and maintenance
is not receiving supplemental security income under 42
USC 1381 to 1383c or state supplemental payments
under s. 49.77.
SECTION 48. 48.57 (3m) (ap) 1. of the statutes is
amended to read:
48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the
county department or, in a county having a population of
750,000 or more, the department may make payments
under par. (am) to a kinship care relative provider who is
providing care and maintenance for a child who is placed
in the home of the kinship care relative provider under a
court order for no more than 60 days after the date on
which the county department or department received
under par. (am) 1. the completed application of the kin-
ship care relative provider for a license to operate a foster
home or, if the application is approved or denied or the
kinship care relative provider is otherwise determined to
be ineligible for licensure within those 60 days, until the
date on which the application is approved or denied or the
kinship care relative provider is otherwise determined to
be ineligible for licensure.
SECTION 49. 48.57 (3m) (ap) 2. of the statutes is
amended to read:
48.57 (3m) (ap) 2. If the application specified in
subd. 1. is not approved or denied or the kinship care rela-
tive provider is not otherwise determined to be ineligible
for licensure within 60 days after the date on which the
county department or department received the completed
application for any reason other than an act or omission
of the kinship care relative provider, the county depart-
ment or department may make payments under par. (am)
for 4 months after the date on which the county depart-
ment or department received the completed application
or, if the application is approved or denied or the kinship
care relative provider is otherwise determined to be ineli-
gible for licensure within those 4 months, until the date
on which the application is approved or denied or the kin-
ship care relative provider is otherwise determined to be
ineligible for licensure.
SECTION 50. 48.57 (3m) (ap) 3. of the statutes is
amended to read:
48.57 (3m) (ap) 3. Notwithstanding that an applica-
tion of a kinship care relative provider specified in subd.
1. is denied or the kinship care relative provider is other-
wise determined to be ineligible for licensure, the county
department or, in a county having a population of
750,000 or more, the department may make payments
under par. (am) to the kinship care relative provider for
as long as the conditions specified in par. (am) 1. to 6.
continue to apply if the county department or department
submits to the court information relating to the back-
ground investigation specified in par. (am) 4., an assess-
ment of the safety of the kinship care relative’s provider’s
home and the ability of the kinship care relative provider
to care for the child, and a recommendation that the child
remain in the home of the kinship care relative provider
and the court, after considering that information, assess-
ment, and recommendation, orders the child to remain in
the kinship care relative’s provider’s home. If the court
does not order the child to remain in the kinship care rela-
tive’s provider’s home, the court shall order the county
department or department to request a change in place-
ment under s. 48.357 (1) (am) or 938.357 (1) (am). Any
person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a)
may also request a change in placement.
SECTION 51. 48.57 (3m) (b) 2. of the statutes is
amended to read:
48.57 (3m) (b) 2. When any kinship care relative
provider of a child applies for or receives payments under
this subsection, any right of the child or the child’s parent
to support or maintenance from any other person accru-
ing during the time that payments are made under this
subsection is assigned to the state. If a child who is the
beneficiary of a payment under this subsection is also the
beneficiary of support under a judgment or order that
includes support for one or more children who are not the
beneficiaries of payments under this subsection, any sup-
port payment made under the judgment or order is
assigned to the state in the amount that is the proportion-
ate share of the child who is the beneficiary of the pay-
ment made under this subsection, except as otherwise
ordered by the court on the motion of a party.
SECTION 52. 48.57 (3m) (cm) of the statutes is
amended to read:
48.57 (3m) (cm) A kinship care relative provider
who receives a payment under par. (am) for providing − 8 −2023 Wisconsin Act 119 2023 Senate Bill 520
care and maintenance for a child is not eligible to receive
a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or
(6) for that child.
SECTION 53. 48.57 (3m) (h) of the statutes is
amended to read:
48.57 (3m) (h) A county department or, in a county
having a population of 750,000 or more, the department
may recover an overpayment made under par. (am) from
a kinship care relative provider who continues to receive
payments under par. (am) by reducing the amount of the
kinship care relative’s provider’s monthly payment. The
department may by rule specify other methods for recov-
ering overpayments made under par. (am). A county
department that recovers an overpayment under this
paragraph due to the efforts of its officers and employees
may retain a portion of the amount recovered, as provided
by the department by rule.
SECTION 54. 48.57 (3m) (i) 1. of the statutes is
amended to read:
48.57 (3m) (i) 1. Rules to provide assessment criteria
for determining whether a kinship care relative provider
who is providing care and maintenance for a child is eligi-
ble to receive payments under par. (am). The rules shall
also provide that any criteria established under the rules
shall first apply to applications for payments under par.
(am) received, and to reviews under par. (d) conducted,
on the effective date of those rules.
SECTION 55. 48.57 (3n) (a) 1. b. of the statutes is
amended to read:
48.57 (3n) (a) 1. b. The person is under 21 years of
age, the person is a full−time student in good academic
standing at a secondary school or its vocational or techni-
cal equivalent, an individualized education program
under s. 115.787 is in effect for the person, and the person
is placed in the home of the long−term kinship care rela-
tive provider under an order under s. 48.355, 48.357,
48.365, 938.355, 938.357, or 938.365 that terminates
under s. 48.355 (4) (b) or 938.355 (4) (am) after the per-
son attains 18 years of age or under a voluntary transi-
tion−to−independent−living agreement under s. 48.366
(3) or 938.366 (3).
SECTION 56. 48.57 (3n) (a) 2. of the statutes is
amended to read:
48.57 (3n) (a) 2. “Long−term kinship care relative
provider” means a relative other than a parent, an
extended family member, as defined in s. 48.028 (2)
(am), or like−kin.
SECTION 57. 48.57 (3n) (am) (intro.) of the statutes,
as affected by Wisconsin Act 19, is amended to read:
48.57 (3n) (am) (intro.) From the appropriations
under s. 20.437 (2) (dz), (md), (me), and (s), the depart-
ment shall reimburse counties having populations of less
than 750,000 for payments made under this subsection
and shall make payments under this subsection in a
county having a population of 750,000 or more. Subject
to par. (ap), a county department and, in a county having
a population of 750,000 or more, the department shall
make monthly payments for each child per month in the
amount of $375 beginning on January 1, 2024, to a long−
term kinship care relative provider who is providing care
and maintenance for that child if all of the following con-
ditions are met:
SECTION 58. 48.57 (3n) (am) 1. of the statutes is
amended to read:
48.57 (3n) (am) 1. The long−term kinship care rela-
tive provider applies to the county department or depart-
ment for payments under this subsection, provides proof
that he or she has been appointed as the guardian of the
child, and, if the child is placed in the home of the long−
term kinship care relative provider under a court order,
other than a court order under s. 48.9795 or ch. 54, 2017
stats., applies to the county department or department for
a license to operate a foster home.
SECTION 59. 48.57 (3n) (am) 2. of the statutes is
amended to read:
48.57 (3n) (am) 2. The county department or depart-
ment inspects the long−term kinship care relative’s
provider’s home, interviews the long−term kinship care
relative provider and determines that long−term place-
ment with the long−term kinship care relative provider is
in the best interests of the child.
SECTION 60. 48.57 (3n) (am) 4. of the statutes is
amended to read:
48.57 (3n) (am) 4. The county department or depart-
ment conducts a background investigation under sub.
(3p) of the long−term kinship care relative provider, the
employees and prospective employees of the long−term
kinship care relative provider who have or would have
regular contact with the child for whom the payments
would be made and any other adult resident, as defined
in sub. (3p) (a), of the long−term kinship care relative’s
provider’s home to determine if the long−term kinship
care relative provider, employee, prospective employee
or adult resident has any arrests or convictions that are
likely to adversely affect the child or the long−term kin-
ship care relative’s provider’s ability to care for the child.
SECTION 61. 48.57 (3n) (am) 4m. of the statutes is
amended to read:
48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and
2m., the long−term kinship care relative provider states
that he or she does not have any arrests or convictions that
could adversely affect the child or the long−term kinship
care relative’s provider’s ability to care for the child and
that, to the best of the long−term kinship care relative’s
provider’s knowledge, no adult resident, as defined in
sub. (3p) (a), and no employee or prospective employee
of the long−term kinship care relative provider who
would have regular contact with the child has any arrests
or convictions that could adversely affect the child or the
long−term kinship care relative’s provider’s ability to
care for the child. − 9 − 2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 62. 48.57 (3n) (am) 5. of the statutes is
amended to read:
48.57 (3n) (am) 5. The long−term kinship care rela-
tive provider cooperates with the county department or
department in the application process, including apply-
ing for other forms of assistance for which the child may
be eligible.
SECTION 63. 48.57 (3n) (am) 5m. of the statutes is
amended to read:
48.57 (3n) (am) 5m. The long−term kinship care rela-
tive provider is not receiving payments under sub. (3m)
with respect to the child.
SECTION 64. 48.57 (3n) (am) 5r. of the statutes is
amended to read:
48.57 (3n) (am) 5r. The child for whom the long−
term kinship care relative provider is providing care and
maintenance is not receiving supplemental security
income under 42 USC 1381 to 1383c or state supplemen-
tal payments under s. 49.77.
SECTION 65. 48.57 (3n) (am) 6. (intro.) of the statutes
is amended to read:
48.57 (3n) (am) 6. (intro.) The long−term kinship
care relative provider and the county department or
department enter into a written agreement under which
the long−term kinship care relative provider agrees to
provide care and maintenance for the child and the
county department or department agrees, subject to sub.
(3p) (hm), to make monthly payments to the long−term
kinship care relative provider at the rate specified in sub.
(3m) (am) (intro.) until the earliest of the following:
SECTION 66. 48.57 (3n) (am) 6. c. of the statutes is
amended to read:
48.57 (3n) (am) 6. c. The date on which the child is
placed outside the long−term kinship care relative’s
provider’s home under a court order or under a voluntary
agreement under s. 48.63 (1) (a) or (b) or (5) (b).
SECTION 67. 48.57 (3n) (am) 6. d. of the statutes is
amended to read:
48.57 (3n) (am) 6. d. The date on which the child
ceases to reside with the long−term kinship care relative
provider.
SECTION 68. 48.57 (3n) (am) 6. e. of the statutes is
amended to read:
48.57 (3n) (am) 6. e. The date on which the long−
term kinship care’s care provider’s guardianship under s.
48.977 terminates.
SECTION 69. 48.57 (3n) (ap) 1. of the statutes is
amended to read:
48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the
county department or, in a county having a population of
750,000 or more, the department may make payments
under par. (am) to a long−term kinship care relative
provider who is providing care and maintenance for a
child who is placed in the home of the long−term kinship
care relative provider for no more than 60 days after the
date on which the county department or department
received under par. (am) 1. the completed application of
the long−term kinship care relative provider for a license
to operate a foster home or, if the application is approved
or denied or the long−term kinship care relative provider
is otherwise determined to be ineligible for licensure
within those 60 days, until the date on which the applica-
tion is approved or denied or the long−term kinship care
relative provider is otherwise determined to be ineligible
for licensure.
SECTION 70. 48.57 (3n) (ap) 2. of the statutes is
amended to read:
48.57 (3n) (ap) 2. If the application specified in subd.
1. is not approved or denied or the long−term kinship care
relative provider is not otherwise determined to be ineli-
gible for licensure within 60 days after the date on which
the county department or department received the com-
pleted application for any reason other than an act or
omission of the long−term kinship care relative provider,
the county department or department may make pay-
ments under par. (am) for 4 months after the date on
which the county department or department received the
completed application or, if the application is approved
or denied or the long−term kinship care relative provider
is otherwise determined to be ineligible for licensure
within those 4 months, until the date on which the appli-
cation is approved or denied or the long−term kinship
care relative provider is otherwise determined to be ineli-
gible for licensure.
SECTION 71. 48.57 (3n) (ap) 3. of the statutes is
amended to read:
48.57 (3n) (ap) 3. Notwithstanding that an applica-
tion of a long−term kinship care relative provider speci-
fied in subd. 1. is denied or the long−term kinship care
relative provider is otherwise determined to be ineligible
for licensure, the county department or, in a county hav-
ing a population of 750,000 or more, the department may
make payments under par. (am) to the long−term kinship
care relative provider until an event specified in par. (am)
6. a. to f. occurs if the county department or department
submits to the court information relating to the back-
ground investigation specified in par. (am) 4., an assess-
ment of the safety of the long−term kinship care relative’s
provider’s home and the ability of the long−term kinship
care relative provider to care for the child, and a recom-
mendation that the child remain in the home of the long−
term kinship care relative provider and the court, after
considering that information, assessment, and recom-
mendation, orders the child to remain in the long−term
kinship care relative’s provider’s home. If the court does
not order the child to remain in the kinship care relative’s
provider’s home, the court shall order the county depart-
ment or department to request a change in placement
under s. 48.357 (1) (am) or 938.357 (1) (am) or to request
a termination of the guardianship order under s. 48.977
(7). Any person specified in s. 48.357 (2m) (a) or
938.357 (2m) (a) may also request a change in placement − 10 −2023 Wisconsin Act 119 2023 Senate Bill 520
and any person who is authorized to file a petition for the
appointment of a guardian for the child may also request
a termination of the guardianship order.
SECTION 72. 48.57 (3n) (b) 2. of the statutes is
amended to read:
48.57 (3n) (b) 2. When any long−term kinship care
relative provider of a child applies for or receives pay-
ments under this subsection, any right of the child or the
child’s parent to support or maintenance from any other
person accruing during the time that payments are made
under this subsection is assigned to the state. If a child is
the beneficiary of support under a judgment or order that
includes support for one or more children who are not the
beneficiaries of payments under this subsection, any sup-
port payment made under the judgment or order is
assigned to the state in the amount that is the proportion-
ate share of the child who is the beneficiary of the pay-
ment made under this subsection, except as otherwise
ordered by the court on the motion of a party.
SECTION 73. 48.57 (3n) (cm) of the statutes is
amended to read:
48.57 (3n) (cm) A long−term kinship care relative
provider who receives a payment under par. (am) for pro-
viding care and maintenance for a child is not eligible to
receive a payment under sub. (3m) or s. 48.62 (4) or
48.623 (1) or (6) for that child.
SECTION 74. 48.57 (3n) (h) of the statutes is amended
to read:
48.57 (3n) (h) A county department or, in a county
having a population of 750,000 or more, the department
may recover an overpayment made under par. (am) from
a long−term kinship care relative provider who continues
to receive payments under par. (am) by reducing the
amount of the long−term kinship care relative’s
provider’s monthly payment. The department may by
rule specify other methods for recovering overpayments
made under par. (am). A county department that recovers
an overpayment under this paragraph due to the efforts of
its officers and employees may retain a portion of the
amount recovered, as provided by the department by rule.
SECTION 75. 48.57 (3p) (h) 3. (intro.) of the statutes
is amended to read:
48.57 (3p) (h) 3. (intro.) The director of the county
department, the person designated by the governing body
of an Indian tribe or, in a county having a population of
750,000 or more, the person designated by the secretary
shall review the denial of payments or the prohibition on
employment or being an adult resident to determine if the
conviction record on which the denial or prohibition is
based includes any arrests, convictions, or penalties that
are likely to adversely affect the child or the ability of the
kinship care relative provider to care for the child. In
reviewing the denial or prohibition, the director of the
county department, the person designated by the govern-
ing body of the Indian tribe or the person designated by
the secretary shall consider all of the following factors:
SECTION 76. 48.57 (3p) (h) 3. b. of the statutes is
amended to read:
48.57 (3p) (h) 3. b. The nature of the violation or
penalty and how that violation or penalty affects the abil-
ity of the kinship care relative provider to care for the
child.
SECTION 77. 48.57 (3p) (h) 4. of the statutes is
amended to read:
48.57 (3p) (h) 4. If the director of the county depart-
ment, the person designated by the governing body of the
Indian tribe or, in a county having a population of
750,000 or more, the person designated by the secretary
determines that the conviction record on which the denial
of payments or the prohibition on employment or being
an adult resident is based does not include any arrests,
convictions, or penalties that are likely to adversely affect
the child or the ability of the kinship care relative
provider to care for the child, the director of the county
department, the person designated by the governing body
of the Indian tribe, or the person designated by the secre-
tary may approve the making of payments under sub.
(3m) or may permit a person receiving payments under
sub. (3m) to employ a person in a position in which that
person would have regular contact with the child for
whom payments are being made or permit a person to be
an adult resident.
SECTION 78. 48.60 (2) (a) of the statutes is amended
to read:
48.60 (2) (a) A relative or like−kin, guardian, or per-
son delegated care and custody of a child under s. 48.979
who provides care and maintenance for such children.
SECTION 79. 48.62 (2) of the statutes is amended to
read:
48.62 (2) A relative or like−kin, a guardian of a child,
or a person delegated care and custody of a child under
s. 48.979 who provides care and maintenance for the
child is not required to obtain the license specified in this
section. The department, county department, or licensed
child welfare agency as provided in s. 48.75 may issue a
license to operate a foster home to a relative or like−kin
who has no duty of support under s. 49.90 (1) (a) and who
requests a license to operate a foster home for a specific
child who is either placed by court order or who is the
subject of a voluntary placement agreement under s.
48.63. The department, a county department, or a
licensed child welfare agency may, at the request of a
guardian appointed under s. 48.977, 48.978, or 48.9795,
ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
guardian’s home as a foster home for the guardian’s
minor ward who is living in the home and who is placed
in the home by court order. Relatives and like−kin with
no duty of support and guardians appointed under s.
48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880,
2003 stats., who are licensed to operate foster homes are
subject to the department’s licensing rules. − 11 − 2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 80. 48.64 (1) of the statutes is amended to
read:
48.64 (1) DEFINITION. In this section, “agency”
means the department, the department of corrections, a
county department under s. 46.215, 46.22, or 46.23, or a
licensed child welfare agency authorized to place chil-
dren in foster homes, group homes, or shelter care facili-
ties approved under s. 938.22 (2) (c) or, in the homes of
relatives other than a parent, or in the homes of like−kin.
SECTION 81. 48.64 (1m) of the statutes is amended to
read:
48.64 (1m) OUT−OF−HOME CARE AGREEMENTS. If an
agency places a child in a foster home or group home or
in the home of a relative other than a parent or in the home
of like−kin under a court order or places a child in a foster
home, group home, or shelter care facility approved
under s. 938.22 (2) (c) under a voluntary agreement under
s. 48.63, the agency shall enter into a written agreement
with the head of the home or facility. The agreement shall
provide that the agency shall have access at all times to
the child and the home or facility, and that the child will
be released to the agency whenever, in the opinion of the
agency placing the child or the department, the best inter-
ests of the child require release to the agency. If a child
has been in a foster home or group home or in the home
of a relative other than a parent or in the home of like−kin
for 6 months or more, the agency shall give the head of
the home written notice of intent to remove the child, stat-
ing the reasons for the removal. The child may not be
removed from a foster home, group home, or home of a
relative other than a parent or the home of like−kin before
completion of the hearing under sub. (4) (a) or (c), if
requested, or 30 days after the receipt of the notice,
whichever is later, unless the safety of the child requires
it or, in a case in which the reason for removal is to place
the child for adoption under s. 48.833, unless all of the
persons who have the right to request a hearing under sub.
(4) (a) or (c) sign written waivers of objection to the pro-
posed removal. If the safety of the child requires earlier
removal, s. 48.19 applies. If an agency removes a child
from an adoptive placement, the head of the home shall
have no claim against the placing agency for the expense
of care, clothing, or medical treatment.
SECTION 82. 48.64 (2) of the statutes is amended to
read:
48.64 (2) SUPERVISION OF OUT−OF−HOME CARE PLACE-
MENTS. Every child who is placed in a foster home, group
home, or shelter care facility approved under s. 938.22
(2) (c) shall be under the supervision of an agency. Every
child who is placed in the home of a relative other than
a parent or in the home of like−kin under a court order
shall be under the supervision of an agency.
SECTION 83. 48.64 (4) (a) of the statutes is amended
to read:
48.64 (4) (a) Except as provided in par. (d), any deci-
sion or order issued by an agency that affects the head of
a foster home or group home, the head of the home of a
relative other than a parent or the home of like−kin in
which a child is placed, or the child involved may be
appealed to the department under fair hearing procedures
established under rules promulgated by the department.
Upon receipt of an appeal, the department shall give the
head of the home reasonable notice and an opportunity
for a fair hearing. The department may make any addi-
tional investigation that the department considers neces-
sary. The department shall give notice of the hearing to
the head of the home and to the departmental subunit,
county department, or child welfare agency that issued
the decision or order. Each person receiving notice is
entitled to be represented at the hearing. At all hearings
conducted under this paragraph, the head of the home, or
a representative of the head of the home, shall have an
adequate opportunity, notwithstanding s. 48.78 (2) (a), to
examine all documents and records to be used at the hear-
ing at a reasonable time before the date of the hearing as
well as during the hearing, to bring witnesses, to establish
all pertinent facts and circumstances, and to question or
refute any testimony or evidence, including an opportu-
nity to confront and cross−examine adverse witnesses.
The department shall grant a continuance for a reason-
able period of time when an issue is raised for the first
time during a hearing. This requirement may be waived
with the consent of the parties. The decision of the
department shall be based exclusively on evidence intro-
duced at the hearing. A transcript of testimony and
exhibits, or an official report containing the substance of
what transpired at the hearing, together with all papers
and requests filed in the proceeding, and the findings of
the hearing examiner shall constitute the exclusive record
for decision by the department. The department shall
make the record available at any reasonable time and at
an accessible place to the head of the home or his or her
representative. Decisions by the department shall spec-
ify the reasons for the decision and identify the support-
ing evidence. No person participating in an agency
action being appealed may participate in the final admin-
istrative decision on that action. The department shall
render its decision as soon as possible after the hearing
and shall send a certified copy of its decision to the head
of the home and to the departmental subunit, county
department, or child welfare agency that issued the deci-
sion or order. The decision shall be binding on all parties
concerned.
SECTION 84. 48.64 (4) (c) of the statutes is amended
to read:
48.64 (4) (c) Except as provided in par. (d), the circuit
court for the county where the dispositional order placing
a child in a foster home or group home or in the home of
a relative other than a parent or in the home of like−kin
was entered or the voluntary agreement under s. 48.63
placing a child in a foster home or group home was made
has jurisdiction upon petition of any interested party over − 12 −2023 Wisconsin Act 119 2023 Senate Bill 520
the child who is placed in the foster home, group home,
or home of the relative or like−kin. The circuit court may
call a hearing, at which the head of the home and the
supervising agency under sub. (2) shall be present, for the
purpose of reviewing any decision or order of that agency
involving the placement and care of the child. If the child
has been placed in a foster home or in the home of a rela-
tive other than a parent or in the home of like−kin, the fos-
ter parent or, relative, or like−kin may present relevant
evidence at the hearing. The petitioner has the burden of
proving by clear and convincing evidence that the deci-
sion or order issued by the agency is not in the best inter-
ests of the child.
SECTION 85. 48.67 (4) (b) of the statutes is amended
to read:
48.67 (4) (b) The training under par. (a) shall be avail-
able to a kinship care relative provider, as defined in s.
48.40 (1m), upon request of the kinship care relative
provider.
SECTION 86. 49.155 (1m) (a) 1m. b. of the statutes is
amended to read:
49.155 (1m) (a) 1m. b. The individual has not yet
attained the age of 18 years and the individual resides
with his or her custodial parent or with a kinship care rela-
tive provider under s. 48.57 (3m) or with a long−term kin-
ship care relative provider under s. 48.57 (3n) or is in a
foster home licensed under s. 48.62, a subsidized
guardianship home under s. 48.623, a group home, or an
independent living arrangement supervised by an adult.
SECTION 87. 118.175 (1) of the statutes is amended
to read:
118.175 (1) This section does not apply to a pupil
who has a legal custodian, as defined in s. 48.02 (11) or
938.02 (11), or who is cared for by a kinship care relative
provider, as defined in s. 48.57 (3m) (a) 2.
SECTION 88. 767.57 (1m) (cm) of the statutes is
amended to read:
767.57 (1m) (cm) A kinship care relative provider or
a long−term kinship care relative provider of the child
who is entitled to the support money has applied for or is
receiving kinship care payments or long−term kinship
care payments for that child and there is an assignment to
the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the
child’s right to the support money.
SECTION 89. 767.57 (2) of the statutes is amended to
read:
767.57 (2) PROCEDURE IF RECIPIENT ON PUBLIC ASSIST-
ANCE. If a party entitled to maintenance or support, or
both, is receiving public assistance under ch. 49, the party
may assign the party’s right to support or maintenance to
the county department under s. 46.215, 46.22, or 46.23
granting the assistance. The assignment shall be
approved by order of the court granting the maintenance
or support. The assignment may not be terminated if
there is a delinquency in the amount to be paid to the
assignee of maintenance and support previously ordered
without the written consent of the assignee or upon notice
to the assignee and a hearing. When an assignment of
maintenance or support, or both, has been approved by
the order, the assignee shall be deemed a real party in
interest within s. 803.01 solely for the purpose of secur-
ing payment of unpaid maintenance or support ordered to
be paid, by participating in proceedings to secure the pay-
ment of unpaid amounts. Notwithstanding assignment
under this subsection, and without further order of the
court, the department or its designee, upon receiving
notice that a party or a minor child of the parties is receiv-
ing aid under s. 48.645 or public assistance under ch. 49
or that a kinship care relative provider or long−term kin-
ship care relative provider of the minor child is receiving
kinship care payments or long−term kinship care pay-
ments for the minor child, shall forward all support
assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645
(3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under
s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4)
(h) 1., or 49.45 (19).
SECTION 90. 938.02 (12c) of the statutes is created to
read:
938.02 (12c) “Like−kin” means an individual who
has a significant emotional relationship with a child or
the child’s family that is similar to a familial relationship
and who is not and has not previously been the child’s
licensed foster parent. For an Indian child, “like−kin”
includes individuals identified by the child’s tribe
according to tribal tradition, custom or resolution, code,
or law.
SECTION 91. 938.02 (15) of the statutes is amended
to read:
938.02 (15) “Relative” means a parent, stepparent,
brother, sister, stepbrother, stepsister, half brother, half
sister, brother−in−law, sister−in−law, first cousin, 2nd
cousin, first cousin once removed, nephew, niece, uncle,
aunt, stepuncle, stepaunt, or any person of a preceding
generation as denoted by the prefix of grand, great, or
great−great, whether by blood, marriage, or legal adop-
tion, or the spouse of any person named in this subsec-
tion, even if the marriage is terminated by death or
divorce. For purposes of the application of s. 938.028
and the federal Indian Child Welfare Act, 25 USC 1901
to 1963, “relative” includes an extended family member,
as defined in s. 938.028 (2) (a), whether by blood, mar-
riage, or adoption, including adoption under tribal law or
custom. For purposes of placement of a juvenile, “rela-
tive” also includes a parent of a sibling of the juvenile
who has legal custody of that sibling.
SECTION 92. 938.028 (2) (c) of the statutes is
amended to read:
938.028 (2) (c) “Out−of−home care placement”
means the removal of an Indian juvenile from the home
of his or her parent or Indian custodian for temporary
placement in a foster home, group home, residential care
center for children and youth, or shelter care facility, in − 13 − 2023 Wisconsin Act 119 2023 Senate Bill 520
the home of a relative other than a parent, in the home of
like−kin, or in the home of a guardian, from which place-
ment the parent or Indian custodian cannot have the juve-
nile returned upon demand. “Out−of−home care place-
ment” does not include an emergency change in
placement under s. 938.357 (2) (b) or holding an Indian
juvenile in custody under ss. 938.19 to 938.21.
SECTION 93. 938.207 (1) (b) of the statutes is
amended to read:
938.207 (1) (b) The home of a relative or like−kin,
except that a juvenile may not be held in the home of a
relative if the relative person who has been convicted
under s. 940.01 of the first−degree intentional homicide,
or under s. 940.05 of the 2nd−degree intentional homi-
cide, of a parent of the juvenile, and the conviction has
not been reversed, set aside or vacated, unless the person
making the custody decision determines by clear and
convincing evidence that the placement would be in the
best interests of the juvenile. The person making the cus-
tody decision shall consider the wishes of the juvenile in
making that determination.
SECTION 94. 938.207 (1) (f) of the statutes is
amended to read:
938.207 (1) (f) The home of a person not a relative
or like−kin if the person has not had a license under s.
48.62 refused, revoked, or suspended within the previous
2 years. A placement under this paragraph may not
exceed 30 days, unless the placement is extended by the
court for cause for an additional 30 days.
SECTION 95. 938.33 (4) (intro.) of the statutes is
amended to read:
938.33 (4) OTHER OUT−OF−HOME PLACEMENTS.
(intro.) A report recommending placement in a foster
home, group home, or nonsecured residential care center
for children and youth, in the home of a relative other than
a parent, in the home of like−kin, in the home of a
guardian under s. 48.977 (2), or in a supervised indepen-
dent living arrangement shall be in writing, except that
the report may be presented orally at the dispositional
hearing if all parties consent. A report that is presented
orally shall be transcribed and made a part of the court
record. The report shall include all of the following:
SECTION 96. 938.335 (3g) (intro.) of the statutes is
amended to read:
938.335 (3g) REASONABLE EFFORTS FINDING. (intro.)
At hearings under this section, if the agency, as defined
in s. 938.38 (1) (a), is recommending placement of the
juvenile in a foster home, group home, or residential care
center for children and youth, in the home of a relative
other than a parent, in the home of like−kin, in the home
of a guardian under s. 48.977 (2), or in a supervised inde-
pendent living arrangement, the agency shall present as
evidence specific information showing all of the follow-
ing:
SECTION 97. 938.335 (3j) (intro.) of the statutes is
amended to read:
938.335 (3j) INDIAN JUVENILE; ACTIVE EFFORTS FIND-
ING. (intro.) At hearings under this section involving an
Indian juvenile who is the subject of a proceeding under
s. 938.13 (4), (6), (6m), or (7), if the agency, as defined
in s. 938.38 (1) (a), is recommending removal of the
Indian juvenile from the home of his or her parent or
Indian custodian and placement of the Indian juvenile in
a foster home, group home, or residential care center for
children and youth or, in the home of a relative other than
a parent, or in the home of like−kin, the agency shall
present as evidence specific information showing all of
the following:
SECTION 98. 938.34 (3) (a) (intro.) of the statutes is
amended to read:
938.34 (3) (a) (intro.) The home of a parent or, other
relative, or like−kin of the juvenile, except that the court
may not designate any of the following as the juvenile’s
placement, unless the court determines by clear and con-
vincing evidence that the placement would be in the best
interests of the juvenile or, in the case of an Indian juve-
nile, the best interests of the Indian juvenile as described
in s. 938.01 (3):
SECTION 99. 938.34 (3) (a) 1. of the statutes is
amended to read:
938.34 (3) (a) 1. The home of a parent or, other rela-
tive, or like−kin of the juvenile if the parent or, other rela-
tive, or like−kin has been convicted of the homicide of a
parent of the juvenile under s. 940.01 or 940.05, and the
conviction has not been reversed, set aside, or vacated.
In determining whether a placement under this subdivi-
sion would be in the best interests of the juvenile, the
court shall consider the wishes of the juvenile.
SECTION 100. 938.34 (3) (a) 2. of the statutes is
amended to read:
938.34 (3) (a) 2. The home of a relative other than the
parent of the juvenile or the home of like−kin if the court
finds that the relative or like−kin has been convicted of,
has pleaded no contest to, or has had a charge dismissed
or amended as a result of a plea agreement for a crime
under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a)
1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
law of another state.
SECTION 101. 938.355 (4) (am) (intro.) of the statutes
is amended to read:
938.355 (4) (am) (intro.) Except as provided in par.
(b) or s. 938.368, an order under this section or s. 938.357
or 938.365 made before the juvenile attains 18 years of
age that places or continues the placement of the juvenile
in a foster home, group home, or residential care center
for children and youth, in the home of a relative other than
a parent, in the home of like−kin, or in a supervised inde-
pendent living arrangement shall terminate on the latest
of the following dates, unless the court specifies a shorter
period or the court terminates the order sooner: − 14 −2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 102. 938.357 (6) (a) (intro.) of the statutes
is amended to read:
938.357 (6) (a) (intro.) No change in placement may
extend the expiration date of the original dispositional
order, except that if the change in placement is from a
placement in the juvenile’s home to a placement in a fos-
ter home, group home, or residential care center for chil-
dren and youth, in the home of a relative who is not a par-
ent, in the home of like−kin, or in a supervised
independent living arrangement, the court may extend
the expiration date of the original dispositional order to
the latest of the following dates, unless the court specifies
a shorter period:
SECTION 103. 938.357 (6) (b) of the statutes is
amended to read:
938.357 (6) (b) If the change in placement is from a
placement in a foster home, group home, or residential
care center for children and youth or in the home of a rela-
tive or like−kin to a placement in the juvenile’s home and
if the expiration date of the original dispositional order is
more than one year after the date on which the change−
in−placement order is granted, the court shall shorten the
expiration date of the original dispositional order to the
date that is one year after the date on which the change−
in−placement order is granted or to an earlier date as
specified by the court.
SECTION 104. 938.365 (5) (b) (intro.) of the statutes
is amended to read:
938.365 (5) (b) (intro.) Except as provided in s.
938.368, an order under this section that continues the
placement of a juvenile in a foster home, group home, or
residential care center for children and youth, in the home
of a relative other than a parent, in the home of like−kin,
or in a supervised independent living arrangement shall
be for a specified length of time not to exceed the latest
of the following dates:
SECTION 105. 938.366 (1) (a) of the statutes is
amended to read:
938.366 (1) (a) The person is placed in a foster home,
group home, or residential care center for children and
youth, in the home of a relative other than a parent, in the
home of like−kin, or in a supervised independent living
arrangement under an order under s. 938.355, 938.357, or
938.365 that terminates as provided in s. 938.355 (4)
(am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365
(5) (b) 1., 2., or 3. on or after the person attains 18 years
of age.
SECTION 106. 938.371 (1) (intro.) of the statutes is
amended to read:
938.371 (1) MEDICAL INFORMATION. (intro.) If a juve-
nile is placed in a foster home, group home, residential
care center for children and youth, or juvenile correc-
tional facility or, in the home of a relative other than a par-
ent, or in the home of like−kin, including a placement
under s. 938.205 or 938.21, the agency, as defined in s.
938.38 (1) (a), that placed the juvenile or arranged for the
placement of the juvenile shall provide the following
information to the foster parent, relative, like−kin, or
operator of the group home, residential care center for
children and youth, or juvenile correctional facility at the
time of placement or, if the information has not been pro-
vided to the agency by that time, as soon as possible after
the date on which the agency receives that information,
but not more than 2 working days after that date:
SECTION 107. 938.371 (1) (a) of the statutes is
amended to read:
938.371 (1) (a) Results of an HIV test, as defined in
s. 252.01 (2m), of the juvenile as provided under s.
252.15 (3m) (d) 15., including results included in a court
report or permanency plan. At the time that the test
results are provided, the agency shall notify the foster
parent, relative, like−kin, or operator of the group home,
residential care center for children and youth, or juvenile
correctional facility of the confidentiality requirements
under s. 252.15 (6).
SECTION 108. 938.371 (3) (intro.) of the statutes is
amended to read:
938.371 (3) OTHER INFORMATION. (intro.) At the time
of placement of a juvenile in a foster home, group home,
residential care center for children and youth, or juvenile
correctional facility or in the home of a relative other than
a parent or in the home of like−kin or, if the information
is not available at that time, as soon as possible after the
date on which the court report or permanency plan has
been submitted, but no later than 7 days after that date, the
agency, as defined in s. 938.38 (1) (a), responsible for
preparing the juvenile’s permanency plan shall provide
to the foster parent, relative, like−kin, or operator of the
group home, residential care center for children and
youth, or juvenile correctional facility information con-
tained in the court report submitted under s. 938.33 (1) or
938.365 (2g) or permanency plan submitted under s.
938.355 (2e) or 938.38 relating to findings or opinions of
the court or agency that prepared the court report or per-
manency plan relating to any of the following:
SECTION 109. 938.371 (5) of the statutes is amended
to read:
938.371 (5) CONFIDENTIALITY OF INFORMATION.
Except as permitted under s. 252.15 (6), a foster parent,
treatment foster parent, relative, like−kin, or operator of
a group home, residential care center for children and
youth, or juvenile correctional facility that receives any
information under sub. (1) or (3), other than the informa-
tion described in sub. (3) (e), shall keep the information
confidential and may disclose that information only for
the purposes of providing care for the juvenile or partici-
pating in a court hearing or permanency review concern-
ing the juvenile.
SECTION 109m. 938.38 (1) (as) of the statutes is
repealed.
SECTION 110. 938.38 (2) (intro.) of the statutes is
amended to read: − 15 − 2023 Wisconsin Act 119 2023 Senate Bill 520
938.38 (2) PERMANENCY PLAN REQUIRED. (intro.)
Except as provided in sub. (3), for each juvenile living in
a foster home, group home, residential care center for
children and youth, juvenile detention facility, shelter
care facility, or supervised independent living arrange-
ment, the agency that placed the juvenile or arranged the
placement or the agency assigned primary responsibility
for providing services to the juvenile under s. 938.355 (2)
(b) 6g. shall prepare a written permanency plan, if any of
the following conditions exists, and, for each juvenile liv-
ing in the home of a guardian or a relative other than a par-
ent or in the home of like−kin, that agency shall prepare
a written permanency plan, if any of the conditions under
pars. (a) to (e) exists:
SECTION 111. 938.38 (3m) (a) of the statutes is
amended to read:
938.38 (3m) (a) All appropriate biological family
members, relatives, and like−kin of the juvenile, as
determined by the agency. Notwithstanding s. 938.02
(12c), in this paragraph, “like−kin” may include an indi-
vidual who is or previously was the child’s licensed foster
parent.
SECTION 112. 938.38 (4) (f) (intro.) of the statutes is
amended to read:
938.38 (4) (f) (intro.) A description of the services
that will be provided to the juvenile, the juvenile’s family,
and the juvenile’s foster parent, the operator of the facil-
ity where the juvenile is living, or the relative or like−kin
with whom the juvenile is living to carry out the disposi-
tional order, including services planned to accomplish all
of the following:
SECTION 113. 938.38 (4m) (b) of the statutes is
amended to read:
938.38 (4m) (b) At least 10 days before the date of
the hearing the court shall notify the juvenile; any parent,
guardian, and legal custodian of the juvenile; any foster
parent, or other physical custodian described in s. 48.62
(2) of the juvenile, the operator of the facility in which the
juvenile is living, or the relative or like−kin with whom
the juvenile is living; and, if the juvenile is an Indian juve-
nile who is or is alleged to be in need of protection or ser-
vices under s. 938.13 (4), (6), (6m), or (7), the Indian
juvenile’s Indian custodian and tribe of the time, place,
and purpose of the hearing, of the issues to be determined
at the hearing, and of the fact that they shall have a right
to be heard at the hearing.
SECTION 114. 938.38 (4m) (d) of the statutes is
amended to read:
938.38 (4m) (d) The court shall give a foster parent,
other physical custodian described in s. 48.62 (2), opera-
tor of a facility, or relative, or like−kin who is notified of
a hearing under par. (b) a right to be heard at the hearing
by permitting the foster parent, other physical custodian,
operator, or relative, or like−kin to make a written or oral
statement during the hearing, or to submit a written state-
ment prior to the hearing, relevant to the issues to be
determined at the hearing. The foster parent, other physi-
cal custodian, operator of a facility, or relative, or like−
kin does not become a party to the proceeding on which
the hearing is held solely on the basis of receiving that
notice and right to be heard.
SECTION 115. 938.38 (5) (b) of the statutes is
amended to read:
938.38 (5) (b) The court or the agency shall notify the
juvenile; the juvenile’s parent, guardian, and legal custo-
dian; the juvenile’s foster parent, the operator of the facil-
ity in which the juvenile is living, or the relative or like−
kin with whom the juvenile is living; and, if the juvenile
is an Indian juvenile who is placed outside the home of
his or her parent or Indian custodian under s. 938.13 (4),
(6), (6m), or (7), the Indian juvenile’s Indian custodian
and tribe of the time, place, and purpose of the review, of
the issues to be determined as part of the review, and of
the fact that they shall have a right to be heard at the
review as provided in par. (bm) 1. The court or agency
shall notify the person representing the interests of the
public, the juvenile’s counsel, the juvenile’s guardian ad
litem, and the juvenile’s school of the time, place, and
purpose of the review, of the issues to be determined as
part of the review, and of the fact that they may have an
opportunity to be heard at the review as provided in par.
(bm) 1. The notices under this paragraph shall be pro-
vided in writing not less than 30 days before the review
and copies of the notices shall be filed in the juvenile’s
case record. The notice to the juvenile’s school shall also
include the name and contact information for the case-
worker or social worker assigned to the juvenile’s case.
SECTION 116. 938.38 (5) (bm) 1. of the statutes is
amended to read:
938.38 (5) (bm) 1. A juvenile, parent, guardian, legal
custodian, foster parent, operator of a facility, or relative,
or like−kin who is provided notice of the review under
par. (b) shall have a right to be heard at the review by sub-
mitting written comments relevant to the determinations
specified in par. (c) not less than 10 working days before
the date of the review or by participating at the review.
A person representing the interests of the public, counsel,
guardian ad litem, or school who is provided notice of the
review under par. (b) may have an opportunity to be heard
at the review by submitting written comments relevant to
the determinations specified in par. (c) not less than 10
working days before the date of the review. A foster par-
ent, operator of a facility, or relative, or like−kin who
receives notice of a review under par. (b) and a right to be
heard under this subdivision does not become a party to
the proceeding on which the review is held solely on the
basis of receiving that notice and right to be heard.
SECTION 117. 938.38 (5) (e) of the statutes is
amended to read:
938.38 (5) (e) Within 30 days, the agency shall pre-
pare a written summary of the determinations under par.
(c) and shall provide a copy to the court that entered the − 16 −2023 Wisconsin Act 119 2023 Senate Bill 520
order; the juvenile or the juvenile’s counsel or guardian
ad litem; the person representing the interests of the pub-
lic; the juvenile’s parent, guardian, or legal custodian; the
juvenile’s foster parent, the operator of the facility where
the juvenile is living, or the relative or like−kin with
whom the juvenile is living; and, if the juvenile is an
Indian juvenile who is placed outside the home of his or
her parent or Indian custodian under s. 938.13 (4), (6),
(6m), or (7), the Indian juvenile’s Indian custodian and
tribe.
SECTION 118. 938.38 (5m) (b) of the statutes is
amended to read:
938.38 (5m) (b) The court shall notify the juvenile;
the juvenile’s parent, guardian, and legal custodian; and
the juvenile’s foster parent, the operator of the facility in
which the juvenile is living, or the relative or like−kin
with whom the juvenile is living of the time, place, and
purpose of the hearing, of the issues to be determined at
the hearing, and of the fact that they shall have a right to
be heard at the hearing as provided in par. (c) 1. The court
shall notify the juvenile’s counsel and the juvenile’s
guardian ad litem; the agency that prepared the perma-
nency plan; the juvenile’s school; the person representing
the interests of the public; and, if the juvenile is an Indian
juvenile who is placed outside the home of his or her par-
ent or Indian custodian under s. 938.13 (4), (6), (6m), or
(7), the Indian juvenile’s Indian custodian and tribe of the
time, place, and purpose of the hearing, of the issues to
be determined at the hearing, and of the fact that they may
have an opportunity to be heard at the hearing as provided
in par. (c) 1. The notices under this paragraph shall be
provided in writing not less than 30 days before the hear-
ing. The notice to the juvenile’s school shall also include
the name and contact information for the caseworker or
social worker assigned to the juvenile’s case.
SECTION 119. 938.38 (5m) (c) 1. of the statutes is
amended to read:
938.38 (5m) (c) 1. A juvenile, parent, guardian, legal
custodian, foster parent, operator of a facility, or relative,
or like−kin who is provided notice of the hearing under
par. (b) shall have a right to be heard at the hearing by sub-
mitting written comments relevant to the determinations
specified in sub. (5) (c) not less than 10 working days
before the date of the hearing or by participating at the
hearing. A counsel, guardian ad litem, agency, school, or
person representing the interests of the public who is pro-
vided notice of the hearing under par. (b) may have an
opportunity to be heard at the hearing by submitting writ-
ten comments relevant to the determinations specified in
sub. (5) (c) not less than 10 working days before the date
of the hearing or by participating at the hearing. A foster
parent, operator of a facility, or relative, or like−kin who
receives notice of a hearing under par. (b) and a right to
be heard under this subdivision does not become a party
to the proceeding on which the hearing is held solely on
the basis of receiving that notice and right to be heard.
SECTION 120. 938.38 (5m) (e) of the statutes is
amended to read:
938.38 (5m) (e) After the hearing, the court shall
make written findings of fact and conclusions of law
relating to the determinations under sub. (5) (c) and shall
provide a copy of those findings of fact and conclusions
of law to the juvenile; the juvenile’s parent, guardian, and
legal custodian; the juvenile’s foster parent, the operator
of the facility in which the juvenile is living, or the rela-
tive or like−kin with whom the juvenile is living; the
agency that prepared the permanency plan; the person
representing the interests of the public; and, if the juve-
nile is an Indian juvenile who is placed outside the home
of his or her parent or Indian custodian under s. 938.13
(4), (6), (6m), or (7), the Indian juvenile’s Indian custo-
dian and tribe. The court shall make the findings speci-
fied in sub. (5) (c) 7. on a case−by−case basis based on cir-
cumstances specific to the juvenile and shall document or
reference the specific information on which those find-
ings are based in the findings of fact and conclusions of
law prepared under this paragraph. Findings of fact and
conclusions of law that merely reference sub. (5) (c) 7.
without documenting or referencing that specific infor-
mation in the findings of fact and conclusions of law or
amended findings of fact and conclusions of law that
retroactively correct earlier findings of fact and conclu-
sions of law that do not comply with this paragraph are
not sufficient to comply with this paragraph.
SECTION 121. 938.385 (intro.) of the statutes is
amended to read:
938.385 Plan for transition to independent living.
(intro.) During the 90 days immediately before a juvenile
who is placed in a foster home, group home, or residential
care center for children and youth, in the home of a rela-
tive other than a parent, in the home of like−kin, or in a
supervised independent living arrangement attains 18
years of age or, if the juvenile is placed in such a place-
ment under an order under s. 938.355, 938.357, or
938.365 that terminates under s. 938.355 (4) (am) after
the juvenile attains 18 years of age or under a voluntary
transition−to−independent−living agreement under s.
938.366 (3) that terminates under s. 938.366 (3) (a) after
the juvenile attains 18 years of age, during the 90 days
immediately before the termination of the order or agree-
ment, the agency primarily responsible for providing ser-
vices to the juvenile under the order or agreement shall
do all of the following:
SECTION 122.0Nonstatutory provisions.
(1) If, prior to July 1, 2025, the department of chil-
dren and families determines that there is sufficient fund-
ing allocated under s. 49.175 (1) (s) to fund the expansion
of the kinship care and long−term kinship care programs
under this act, the department shall submit to the legisla-
tive reference bureau for publication in the Wisconsin
Administrative Register a notice specifying the date of
that determination. − 17 − 2023 Wisconsin Act 119 2023 Senate Bill 520
SECTION 123.0Effective date.
(1) This act takes effect on the date specified in the
notice published in the Wisconsin Administrative Regis-
ter under SECTION 122 (1) of this act, or on July 1, 2025,
whichever is earlier.