LRB-4582/1
EAW&TKK:emw
2017 - 2018 LEGISLATURE
December 27, 2017 - Introduced by Representatives Rodriguez, Crowley, Neylon,
Billings, Katsma, Doyle, Novak, Meyers, Ballweg, Subeck, Kitchens,
Pronschinske, Snyder, Anderson, Berceau, Born, E. Brooks, Felzkowski,
Fields, Genrich, Knodl, Krug, Kulp, Mursau, Petersen, Petryk, Quinn,
Ripp, Rohrkaste, Sargent, Schraa, Sinicki, Spreitzer, Steineke,
Swearingen, Tauchen, C. Taylor, Tittl, Tranel, VanderMeer, Zepnick and
Spiros, cosponsored by Senators Petrowski, Johnson, Carpenter, Darling,
Larson, Olsen, L. Taylor and Vinehout. Referred to Committee on Education.
AB780,1,5 1An Act to amend 48.38 (5) (b), 48.38 (5) (bm) 1., 48.38 (5m) (b), 48.38 (5m) (c)
21., 48.62 (3), 48.625 (2m), 48.64 (1r) and 118.125 (4) of the statutes; relating
3to:
notice to a school of a permanency review or hearing, notice to a school
4district of a foster home or group home license or out-of-home care placement,
5and transfer of pupil records.
Analysis by the Legislative Reference Bureau
This bill makes changes to various requirements for schools related to
permanency hearings, foster care, and transfer of pupil records. The bill adds a
child's school to the list of entities that receive notice of and may comment on an
upcoming permanency review or permanency hearing under the Children's Code.
The bill changes the requirements for notifying a school and a school district when
a foster home or group home is licensed and when a child is placed in out-of-home
care. The bill also changes the time period within which a school must transfer the
records of a pupil who attended that school to an individual or entity that requests
those records, and that is authorized to receive those records, from five working days
to the next working day.
Currently, when a child adjudged to be in need of protection or services is
removed from his or her home in a proceeding under the Children's Code, the agency
responsible for that child's removal is required to prepare a permanency plan,
designed to ensure that the child is reunified with his or her family whenever
appropriate, or that the child quickly attains a placement or home providing

long-term stability. Current law requires the court assigned to exercise jurisdiction
under the Children's Code (juvenile court) to periodically review the plan and to
periodically hold a hearing on the plan. Under current law, when a permanency plan
is up for review or a hearing, notice of the review or hearing is sent to a list of
interested parties and persons as prescribed by the Children's Code. Parties to the
proceeding have a right to submit written comments on the permanency plan and
participate in the review or hearing; other interested persons may have the right to
submit comments to the juvenile court on the proposed plan.
This bill adds the child's school to the list of entities or persons that receive
notice of the review or hearing and that may have the opportunity to submit written
comments to the court on the proposed plan, but may not otherwise participate in the
review or appear at the hearing.
Under current law, when a new foster home or group home is licensed, the
licensing agency is required to notify the clerk of the school district in which the
foster home or group home is located. This bill requires that the licensing agency
notify a school district of a newly licensed foster home or group home located in the
school district, but does not specify that the notice must be sent to the clerk of the
school district.
Under current law, when a child is placed in a foster home, group home, shelter
care facility, or the home of a relative other than a parent (out-of-home care
placement), the agency placing the child in the out-of-home care placement is
required to notify the clerk of the school district where the out-of-home care
placement is located that a placement has been made. This bill requires that the
agency making an out-of-home care placement give notification of the placement to
the school district and school where the child will attend after the placement is made.
The bill does not specify that the notice must be sent to the clerk of the school district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB780,1 1Section 1. 48.38 (5) (b) of the statutes is amended to read:
AB780,3,72 48.38 (5) (b) The court or the agency shall notify the child; the child's parent,
3guardian, and legal custodian; the child's foster parent, the operator of the facility
4in which the child is living, or the relative with whom the child is living; and, if the
5child is an Indian child who is placed outside the home of his or her parent or Indian
6custodian, the Indian child's Indian custodian and tribe of the time, place, and
7purpose of the review, of the issues to be determined as part of the review, and of the
8fact that they shall have a right to be heard at the review as provided in par. (bm)

11. The court or agency shall notify the person representing the interests of the public,
2the child's counsel, the child's guardian ad litem, and the child's court-appointed
3special advocate, and the child's school of the time, place, and purpose of the review,
4of the issues to be determined as part of the review, and of the fact that they may have
5an opportunity to be heard at the review as provided in par. (bm) 1. The notices under
6this paragraph shall be provided in writing not less than 30 days before the review
7and copies of the notices shall be filed in the child's case record.
AB780,2 8Section 2. 48.38 (5) (bm) 1. of the statutes is amended to read:
AB780,3,219 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
10operator of a facility, or relative who is provided notice of the review under par. (b)
11shall have a right to be heard at the review by submitting written comments relevant
12to the determinations specified in par. (c) not less than 10 working days before the
13date of the review or by participating at the review. A person representing the
14interests of the public, counsel, guardian ad litem, or court-appointed special
15advocate, or school who is provided notice of the review under par. (b) may have an
16opportunity to be heard at the review by submitting written comments relevant to
17the determinations specified in par. (c) not less than 10 working days before the date
18of the review. A foster parent, operator of a facility, or relative who receives notice
19of a review under par. (b) and a right to be heard under this subdivision does not
20become a party to the proceeding on which the review is held solely on the basis of
21receiving that notice and right to be heard.
AB780,3 22Section 3. 48.38 (5m) (b) of the statutes is amended to read:
AB780,4,1123 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the The
24court shall notify the child; the child's parent, guardian, and legal custodian; and the
25child's foster parent, the operator of the facility in which the child is living, or the

1relative with whom the child is living of the time, place, and purpose of the hearing,
2of the issues to be determined at the hearing, and of the fact that they shall have a
3right to be heard at the hearing as provided in par. (c) 1. and The court shall notify
4the child's counsel, the child's guardian ad litem, and the child's court-appointed
5special advocate; the agency that prepared the permanency plan; the child's school;
6the person representing the interests of the public; and, if the child is an Indian child
7who is placed outside the home of his or her parent or Indian custodian, the Indian
8child's Indian custodian and tribe of the time, place, and purpose of the hearing, of
9the issues to be determined at the hearing, and of the fact that they may have an
10opportunity to be heard at the hearing as provided in par. (c) 1. The notices under
11this paragraph shall be provided in writing not less than 30 days before the hearing.
AB780,4 12Section 4. 48.38 (5m) (c) 1. of the statutes is amended to read:
AB780,5,213 48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent,
14operator of a facility, or relative who is provided notice of the hearing under par. (b)
15shall have a right to be heard at the hearing by submitting written comments
16relevant to the determinations specified in sub. (5) (c) not less than 10 working days
17before the date of the hearing or by participating at the hearing. A counsel, guardian
18ad litem, court-appointed special advocate, agency, school, or person representing
19the interests of the public who is provided notice of the hearing under par. (b) may
20have an opportunity to be heard at the hearing by submitting written comments
21relevant to the determinations specified in sub. (5) (c) not less than 10 working days
22before the date of the hearing or by participating at the hearing. A foster parent,
23operator of a facility, or relative who receives notice of a hearing under par. (b) and
24a right to be heard under this subdivision does not become a party to the proceeding

1on which the hearing is held solely on the basis of receiving that notice and right to
2be heard.
AB780,5 3Section 5. 48.62 (3) of the statutes is amended to read:
AB780,5,74 48.62 (3) When the department, a county department, or a child welfare agency
5issues a license to operate a foster home, the department, county department, or
6child welfare agency shall notify the clerk of the school district in which the foster
7home is located that a foster home has been licensed in the school district.
AB780,6 8Section 6. 48.625 (2m) of the statutes is amended to read:
AB780,5,119 48.625 (2m) When the department issues a license to operate a group home,
10the department shall notify the clerk of the school district in which the group home
11is located that a group home has been licensed in the school district.
AB780,7 12Section 7. 48.64 (1r) of the statutes is amended to read:
AB780,5,2413 48.64 (1r) Notification of school district and school. When an agency places
14a school-age child in a foster home, group home, or shelter care facility approved
15under s. 938.22 (2) (c) or in the home of a relative other than a parent
out-of-home
16care
, the agency shall notify the clerk of the give notification of the out-of-home care
17placement to the
school district in which the foster home, group home, shelter care
18facility, or home of the relative is located that a school-age
child has been placed in
19a foster home, group home, shelter care facility, or home of a relative in the school
20district
and the school in which the child will enroll after the placement is made,
21unless the child will remain enrolled in his or her school and school district of origin.
22If the child will remain enrolled in his or her school and school district of origin, the
23agency shall give notification of the out-of-home care placement to the child's school
24district and school of origin
.
AB780,8 25Section 8. 118.125 (4) of the statutes is amended to read:
AB780,6,19
1118.125 (4) Transfer of records. Within 5 No later than the next working
2days day, a school district, a private school participating in the program under s.
3118.60 or in the program under s. 119.23, and the governing body of a private school
4that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for
5the operation and general management of a school transferred to an opportunity
6schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II
7of ch. 119 shall transfer to another school, including a private or tribal school, or
8school district all pupil records relating to a specific pupil if the transferring school
9district or private school has received written notice from the pupil if he or she is an
10adult or his or her parent or guardian if the pupil is a minor that the pupil intends
11to enroll in the other school or school district or written notice from the other school
12or school district that the pupil has enrolled or from a court that the pupil has been
13placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured
14residential care center for children and youth, as defined in s. 938.02 (15g). In this
15subsection, “school" and “school district" include any juvenile correctional facility,
16secured residential care center for children and youth, adult correctional institution,
17mental health institute, or center for the developmentally disabled that provides an
18educational program for its residents instead of or in addition to that which is
19provided by public, private, and tribal schools.
AB780,6,2020 (End)
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