Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB81 Compare Versions

Only one version of the bill is available at this time.

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2	2	EAW:klm
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 81
5	5	February 21, 2023 - Introduced by Senators JACQUE, BALLWEG and TOMCZYK,
6	6	cosponsored by Representatives MURPHY, ROZAR, BRANDTJEN, BROOKS,
7	7	MURSAU, WICHGERS and BEHNKE. Referred to Committee on Mental Health,
8	8	Substance Abuse Prevention, Children and Families.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 48.78 (2) (a) and 938.78 (2) (a); and to create 48.38 (5) (dm),
11	11	48.38 (5m) (dm), 938.38 (5) (dm) and 938.38 (5m) (dm) of the statutes; relating
12	12	to: providing permanency plan and comments to out-of-home care providers
13	13	in advance of a permanency plan review or hearing.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, when a child is the subject of a child or juvenile in need of
16	16	protection or services (CHIPS or JIPS) proceeding, the county social or human
17	17	services department, a child welfare agency, or the Department of Children and
18	18	Families in Milwaukee County is required to prepare a permanency plan for the
19	19	child. The permanency plan is reviewed every six months either by a review panel
20	20	or at a court hearing. Before the review or hearing, the agency is required to provide
21	21	a copy of the plan, and any written comments that the agency receives about the plan,
22	22	to the following people: the members of the review panel; the child's parent,
23	23	guardian, or legal custodian; the person representing the interests of the public; the
24	24	child's counsel, guardian ad litem, or court-appointed special advocate; and, if the
25	25	child is an Indian child who is placed outside the home of his or her parent or Indian
26	26	custodian, the child's Indian custodian and tribe.
27	27	This bill allows an agency to provide a copy of a child's permanency plan and
28	28	comments on the plan to a child's out-of-home care provider in the context of a
29	29	permanency review and a permanency hearing. An out-of-home care provider
30	30	includes a foster parent, guardian, relative other than a parent, or nonrelative in
31	31	whose home a child or juvenile is placed, or the operator of a group home, residential
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35	35	4 - 2 -2023 - 2024 Legislature LRB-0091/1
36	36	EAW:klm
37	37	SENATE BILL 81
38	38	care center for children and youth, or shelter care facility in which a child or juvenile
39	39	is placed.
40	40	Under this bill, any information that is required to remain confidential under
41	41	federal or state law must be redacted from the permanency plan before it is provided
42	42	to the out-of-home care provider.
43	43	For further information see the state and local fiscal estimate, which will be
44	44	printed as an appendix to this bill.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 48.38 (5) (dm) of the statutes is created to read:
48	48	48.38 (5) (dm) The agency that prepared the permanency plan may provide a
49	49	copy of the permanency plan and any written comments submitted under par. (bm)
50	50	1. to the out-of-home care provider of the child. A permanency plan provided to an
51	51	out-of-home care provider of the child under this paragraph shall be redacted to
52	52	protect information that is required to remain confidential, including confidentiality
53	53	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
54	54	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
55	55	remain confidential under federal law.
56	56	SECTION 2. 48.38 (5m) (dm) of the statutes is created to read:
57	57	48.38 (5m) (dm) The agency that prepared the permanency plan may provide
58	58	a copy of the permanency plan and any written comments submitted under par. (c)
59	59	1. to the out-of-home care provider of the child. A permanency plan provided to an
60	60	out-of-home care provider of the child under this paragraph shall be redacted to
61	61	protect information that is required to remain confidential, including confidentiality
62	62	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
63	63	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
64	64	remain confidential under federal law.
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85	85	SECTION 3
86	86	SENATE BILL 81
87	87	SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
88	88	48.78 (2) (a) No agency may make available for inspection or disclose the
89	89	contents of any record kept or information received about an individual who is or was
90	90	in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
91	91	(b) or, (d), or (dm) or (5m) (d) or (dm), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48
92	92	(17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or
93	93	938.78 or by order of the court.
94	94	SECTION 4. 938.38 (5) (dm) of the statutes is created to read:
95	95	938.38 (5) (dm) The agency that prepared the permanency plan may provide
96	96	a copy of the permanency plan and any written comments submitted under par. (bm)
97	97	1. to the out-of-home care provider of the child. A permanency plan provided to an
98	98	out-of-home care provider of the child under this paragraph shall be redacted to
99	99	protect information that is required to remain confidential, including confidentiality
100	100	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
101	101	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
102	102	remain confidential under federal law.
103	103	SECTION 5. 938.38 (5m) (dm) of the statutes is created to read:
104	104	938.38 (5m) (dm) The agency that prepared the permanency plan may provide
105	105	a copy of the permanency plan and any written comments submitted under par. (c)
106	106	1. to the out-of-home care provider of the child. A permanency plan provided to an
107	107	out-of-home care provider of the child under this paragraph shall be redacted to
108	108	protect information that is required to remain confidential, including confidentiality
109	109	under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
110	110	49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
111	111	remain confidential under federal law.
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138	138	SECTION 6 SENATE BILL 81
139	139	SECTION 6. 938.78 (2) (a) of the statutes is amended to read:
140	140	938.78 (2) (a) No agency may make available for inspection or disclose the
141	141	contents of any record kept or information received about an individual who is or was
142	142	in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
143	143	(bm) or (c) 1r., 938.371, 938.38 (5) (b) or, (d), or (dm) or (5m) (d) or (dm), 938.396 (2m)
144	144	(c) 1r., 938.51, or 938.57 (2m) or by order of the court.
145	145	SECTION 7.0Initial applicability.
146	146	(1) PERMANENCY PLAN TO AN OUT-OF-HOME CARE PROVIDER. This act first applies
147	147	to a permanency review or permanency hearing on the 30th day after the effective
148	148	date of this subsection.
149	149	(END)
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