LRB-4151/1
EAW:kjf
2019 - 2020 LEGISLATURE
October 23, 2019 - Introduced by Representatives Murphy, Considine, Ballweg,
Dittrich, Felzkowski, Horlacher, James, Katsma, Kerkman, Kulp, Kurtz,
Magnafici, Milroy, Mursau, Ramthun, Tusler, Thiesfeldt, Tranel, Born,
VanderMeer and Tittl, cosponsored by Senators Jacque, Olsen and Darling.
Referred to Committee on Family Law.
AB563,1,5 1An Act to renumber and amend 48.38 (5) (d) and 48.38 (5m) (d); and to create
248.38 (5) (d) 1. c., 48.38 (5) (d) 2. (intro.), 48.38 (5m) (d) 1. c. and 48.38 (5m) (d)
32. (intro.) of the statutes; relating to: providing permanency plan and
4comments to foster parents and foster children over the age of 12 in advance of
5a permanency plan review or hearing.
Analysis by the Legislative Reference Bureau
This bill adds a child's foster parent and a child in foster care who is 12 years
or older to the list of individuals that receive a copy of a permanency plan and any
written comments submitted to the agency that is preparing the permanency plan
before a permanency review and a permanency hearing. Under current law, the
agency that prepared the permanency plan is required to send a copy of the plan and
the written comments that the agency received on the plan to members of the review
panel; the child's parent, guardian, and legal custodian; the person representing the
interests of the public; the child's counsel, guardian ad litem, or court-appointed
special advocate; 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.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB563,1 1Section 1. 48.38 (5) (d) of the statutes is renumbered 48.38 (5) (d) 1. (intro.)
2and amended to read:
AB563,2,63 48.38 (5) (d) 1. (intro.) Notwithstanding s. 48.78 (2) (a), the The agency that
4prepared the permanency plan shall, at least 5 days before a review by a review
5panel, provide to each a copy of the permanency plan and any written comments
6submitted under par. (bm) 1. to all of the following:
AB563,2,7 7a. Each person appointed to the review panel , the.
AB563,2,8 8b. The child's parent, guardian, and legal custodian , the.
AB563,2,9 9d. The person representing the interests of the public, the.
AB563,2,11 10e. The child's counsel, the child's guardian ad litem, and the child's
11court-appointed special advocate, and, if.
AB563,2,15 12f. If the child is an Indian child who is placed outside the home of his or her
13parent or Indian custodian, the Indian child's Indian custodian and tribe a copy of
14the permanency plan and any written comments submitted under par. (bm) 1.
15Notwithstanding s. 48.78 (2) (a), a
.
AB563,2,16 162. a. A person appointed to a review panel, the.
AB563,2,17 17b. The person representing the interests of the public, the.
AB563,2,19 18c. The child's counsel, the child's guardian ad litem, and the child's
19court-appointed special advocate, and, if.
AB563,3,2 20d. If the child is an Indian child who is placed outside the home of his or her
21parent or Indian custodian, the Indian child's Indian custodian and tribe may have

1access to any other records concerning the child for the purpose of participating in
2the review
.
AB563,3,4 33. A person permitted access to a child's records under this paragraph may not
4disclose any information from the records to any other person.
AB563,2 5Section 2. 48.38 (5) (d) 1. c. of the statutes is created to read:
AB563,3,76 48.38 (5) (d) 1. c. The child's foster parent and, if the child has been placed in
7a foster home and has attained the age of 12 years at the time of the review, the child.
AB563,3 8Section 3. 48.38 (5) (d) 2. (intro.) of the statutes is created to read:
AB563,3,119 48.38 (5) (d) 2. (intro.) An agency, as defined under s. 48.78 (1) may grant access
10to any other records concerning the child to any of the following individuals for the
11purpose of participating in the review:
AB563,4 12Section 4. 48.38 (5m) (d) of the statutes is renumbered 48.38 (5m) (d) 1. (intro.)
13and amended to read:
AB563,3,1714 48.38 (5m) (d) 1. (intro.) At least 5 days before the date of the hearing the
15agency that prepared the permanency plan shall provide a copy of the permanency
16plan and any written comments submitted under par. (c) 1. to the all of the following
17individuals:
AB563,3,18 18a. The court, to the.
AB563,3,19 19b. The child's parent, guardian, and legal custodian , to the.
AB563,3,20 20d. The person representing the interests of the public, to the.
AB563,3,22 21e. The child's counsel or, the child's guardian ad litem, to and the child's
22court-appointed special advocate, and, if.
AB563,3,25 23f. If the child is an Indian child who is placed outside the home of his or her
24parent or Indian custodian, to the Indian child's Indian custodian and tribe.
25Notwithstanding s. 48.78 (2) (a), the
AB563,4,1
12. a. The person representing the interests of the public, the.
AB563,4,3 2b. The child's counsel or, the child's guardian ad litem, and the child's
3court-appointed special advocate, and, if.
AB563,4,7 4c. If the child is an Indian child who is placed outside of the home of his or her
5parent or Indian custodian, the Indian child's Indian custodian and tribe may have
6access to any other records concerning the child for the purpose of participating in
7the review
.
AB563,4,9 83. A person permitted access to a child's records under this paragraph may not
9disclose any information from the records to any other person.
AB563,5 10Section 5. 48.38 (5m) (d) 1. c. of the statutes is created to read:
AB563,4,1311 48.38 (5m) (d) 1. c. The child's foster parent and, if the child has been placed
12in a foster home and has attained the age of 12 years at the time of the hearing, the
13child.
AB563,6 14Section 6. 48.38 (5m) (d) 2. (intro.) of the statutes is created to read:
AB563,4,1715 48.38 (5m) (d) 2. (intro.) An agency, as defined under s. 48.78 (1) may grant
16access to any other records concerning the child to any of the following individuals
17for the purpose of participating in the review:
AB563,4,1818 (End)
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