LRB-4509/2
EAW:skw&ahe
2019 - 2020 LEGISLATURE
October 23, 2019 - Introduced by Representatives Ramthun, Snyder, Dittrich,
Felzkowski, Horlacher, James, Katsma, Kulp, Kurtz, Magnafici, Milroy,
Murphy, Mursau, Tusler, Thiesfeldt, Tranel, Born and Tittl, cosponsored
by Senators Olsen, Darling and Cowles. Referred to Committee on Family
Law.
AB565,1,5 1An Act to amend 48.355 (1), 48.355 (2) (cm) 1., 48.357 (1) (am) 3., 48.357 (2v)
2(b), 48.357 (2v) (d) 1., 938.355 (2) (cm) 1., 938.357 (1) (am) 3., 938.357 (2v) (b)
3and 938.357 (2v) (d) 1.; and to create 48.21 (5) (e) 3., 48.357 (2v) (a) 5., 938.21
4(5) (e) 3. and 938.357 (2v) (a) 5. of the statutes; relating to: placement of a child
5with a relative under the Children's Code or the Juvenile Justice Code.
Analysis by the Legislative Reference Bureau
This bill limits the timeframe during which a relative of a child may indicate
his or her willingness to participate in the care and placement of the child in a child
in need of protection or services (CHIPS) proceeding or a proceeding under the
Juvenile Justice Code and requires a judge who is placing a child with a relative to
make certain findings.
Under current law, when a child or juvenile is removed from his or her home in
a CHIPS proceeding or a proceeding under the Juvenile Justice Code, the county
department of human services or social services, the Department of Children and
Families in Milwaukee County, or the child welfare agency primarily responsible for
providing services to the child or juvenile is required to provide a notice to adult
relatives, other than a parent, of the child or juvenile advising that relative of his or
her options to participate in the care and placement of the child. Under this bill, an
adult relative who receives such a notice has no more than four months from receipt
of the notice to indicate his or her willingness to participate in the care and placement
of the child or juvenile.

This bill requires a judge who is overseeing a CHIPS proceeding or a proceeding
under the Juvenile Justice Code, when changing the placement of a child or juvenile
from a foster home or other placement outside of the home to another placement
outside of the home, to make a finding that the change in placement is in the best
interest of the child or juvenile. The bill also states that there is no presumption that
removing a child or juvenile from a foster home or other out-of-home placement to
place the child or juvenile with a relative other than a parent is in the best interest
of the child or juvenile.
Under current law, whenever a dispositional order is entered in a CHIPS
proceeding, if there is no less drastic alternative for a child than transferring custody
from the parent, the judge shall consider transferring custody to a relative whenever
possible. Under this bill, the judge may only transfer custody to a relative if it is in
the best interest of the child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB565,1 1Section 1. 48.21 (5) (e) 3. of the statutes is created to read:
AB565,2,42 48.21 (5) (e) 3. An adult relative who receives notice under subd. 2. has no more
3than 4 months from the date that he or she received the notice to indicate his or her
4willingness to participate in the care and placement of the child.
AB565,2 5Section 2. 48.355 (1) of the statutes is amended to read:
AB565,3,66 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
7on a placement and treatment finding based on evidence submitted to the judge. The
8disposition shall employ those means necessary to maintain and protect the
9well-being of the child or unborn child which are the least restrictive of the rights
10of the parent and child, of the rights of the parent and child expectant mother or of
11the rights of the adult expectant mother, and which assure the care, treatment or
12rehabilitation of the child and the family, of the child expectant mother, the unborn
13child and the family or of the adult expectant mother and the unborn child, consistent
14with the protection of the public. When appropriate, and, in cases of child abuse or
15neglect or unborn child abuse, when it is consistent with the best interest of the child

1or unborn child in terms of physical safety and physical health, the family unit shall
2be preserved and there shall be a policy of transferring custody of a child from the
3parent or of placing an expectant mother outside of her home only when there is no
4less drastic alternative. If there is no less drastic alternative for a child than
5transferring custody from the parent, the judge shall consider transferring custody
6to a relative whenever possible if it is in the best interest of the child.
AB565,3 7Section 3. 48.355 (2) (cm) 1. of the statutes is amended to read:
AB565,4,28 48.355 (2) (cm) 1. Subject to subd. 2., the court shall order the county
9department, the department in a county having a population of 750,000 or more, or
10the agency primarily responsible for providing services to the child under the
11dispositional order to conduct a diligent search in order to locate and provide notice
12of the information specified in s. 48.21 (5) (e) 2. a. to e. to all relatives of the child
13named under s. 48.335 (6) and to all adult relatives, as defined in s. 48.21 (5) (e) 1.,
14of the child within 30 days after the child is removed from the custody of the child's
15parent unless the child is returned to his or her home within that period. The court
16may also order the county department, department, or agency to conduct a diligent
17search in order to locate and provide notice of that information to all other adult
18individuals named under s. 48.335 (6) within 30 days after the child is removed from
19the custody of the child's parent unless the child is returned to his or her home within
20that period. The county department, department, or agency may not provide that
21notice to a person named under s. 48.335 (6) or to an adult relative if the county
22department, department, or agency has reason to believe that it would be dangerous
23to the child or to the parent if the child were placed with that person or adult relative.
24An adult relative who receives notice under this subdivision has no more than 4

1months from the date that he or she received the notice to indicate his or her
2willingness to participate in the care and placement of the child.
AB565,4 3Section 4. 48.357 (1) (am) 3. of the statutes is amended to read:
AB565,4,134 48.357 (1) (am) 3. If the court changes the child's placement from a placement
5outside the home to another placement outside the home, the change-in-placement
6order shall contain the applicable order under sub. (2v) (a) 1m., the applicable
7statement under sub. (2v) (a) 2., and the finding findings under sub. (2v) (a) 2m. and
85.
If the court changes the placement of an Indian child who has been removed from
9the home of his or her parent or Indian custodian from a placement outside that home
10to another placement outside that home, the change-in-placement order shall, in
11addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if
12applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028
13(7) (e), for departing from that order.
AB565,5 14Section 5. 48.357 (2v) (a) 5. of the statutes is created to read:
AB565,4,2215 48.357 (2v) (a) 5. If the change in placement would move a child from a foster
16home or other out-of-home placement with a physical custodian described in s. 48.62
17(2) to another placement outside the child's home, a finding that removing the child
18from the foster home or other placement with a physical custodian is in the best
19interest of the child. In making a finding under this subdivision, there is no
20presumption that a change in placement from a foster home or other out-of-home
21placement with a physical custodian to a placement with a relative other than a
22parent is in the best interest of the child.
AB565,6 23Section 6. 48.357 (2v) (b) of the statutes is amended to read:
AB565,5,724 48.357 (2v) (b) Documentation of basis of findings. The court shall make the
25findings specified in par. (a) 1. and, 3., and 5. on a case-by-case basis based on

1circumstances specific to the child and shall document or reference the specific
2information on which those findings are based in the change in placement order. A
3change in placement order that merely references par. (a) 1. or, 3., or 5. without
4documenting or referencing that specific information in the change in placement
5order or an amended change in placement order that retroactively corrects an earlier
6change in placement order that does not comply with this paragraph is not sufficient
7to comply with this paragraph.
AB565,7 8Section 7. 48.357 (2v) (d) 1. of the statutes is amended to read:
AB565,6,29 48.357 (2v) (d) 1. Subject to subd. 2., the court shall order the county
10department, the department in a county having a population of 750,000 or more, or
11the agency primarily responsible for implementing the dispositional order to conduct
12a diligent search in order to locate and provide notice of the information specified in
13s. 48.21 (5) (e) 2. a. to e. to all relatives of the child named under sub. (1) (c) 2m. or
14(2m) (bm) and to all adult relatives, as defined in s. 48.21 (5) (e) 1., of the child within
1530 days after the child is removed from the custody of the child's parent unless the
16child is returned to his or her home within that period. The court may also order the
17county department, department, or agency to conduct a diligent search in order to
18locate and provide notice of that information to all other adult individuals named
19under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the child is removed from the
20custody of the child's parent unless the child is returned to his or her home within
21that period. The county department, department, or agency may not provide that
22notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or to an adult relative
23if the county department, department, or agency has reason to believe that it would
24be dangerous to the child or to the parent if the child were placed with that person
25or adult relative. An adult relative who receives notice under this subdivision has

1no more than 4 months from the date that he or she received the notice to indicate
2his or her willingness to participate in the care and placement of the child.
AB565,8 3Section 8. 938.21 (5) (e) 3. of the statutes is created to read:
AB565,6,64 938.21 (5) (e) 3. An adult relative who receives notice under subd. 2. has no
5more than 4 months from the date that he or she received the notice to indicate his
6or her willingness to participate in the care and placement of the juvenile.
AB565,9 7Section 9. 938.355 (2) (cm) 1. of the statutes is amended to read:
AB565,6,258 938.355 (2) (cm) 1. Subject to subd. 2., the court shall order the county
9department or the agency primarily responsible for providing services to the juvenile
10under the dispositional order to conduct a diligent search in order to locate and
11provide notice of the information specified in s. 938.21 (5) (e) 2. a. to e. to all relatives
12of the juvenile named under s. 938.335 (6) and to all adult relatives, as defined in s.
13938.21 (5) (e) 1., of the juvenile within 30 days after the juvenile is removed from the
14custody of the juvenile's parent unless the juvenile is returned to his or her home
15within that period. The court may also order the county department or agency to
16conduct a diligent search in order to locate and provide notice of that information to
17all other adult individuals named under s. 938.335 (6) within 30 days after the
18juvenile is removed from the custody of the juvenile's parent unless the juvenile is
19returned to his or her home within that period. The county department or agency
20may not provide that notice to a person named under s. 938.335 (6) or to an adult
21relative if the county department or agency has reason to believe that it would be
22dangerous to the juvenile or to the parent if the juvenile were placed with that person
23or adult relative. An adult relative who receives notice under this subdivision has
24no more than 4 months from the date that he or she received the notice to indicate
25his or her willingness to participate in the care and placement of the juvenile.
AB565,10
1Section 10. 938.357 (1) (am) 3. of the statutes is amended to read:
AB565,7,122 938.357 (1) (am) 3. If the court changes the juvenile's placement from a
3placement outside the home to another placement outside the home, the
4change-in-placement order shall contain the applicable order under sub. (2v) (a)
51m., the applicable statement under sub. (2v) (a) 2., and the finding findings under
6sub. (2v) (a) 2m. and 5. If the court changes the placement of an Indian juvenile who
7has been removed from the home of his or her parent or Indian custodian under s.
8938.13 (4), (6), (6m), or (7) from a placement outside that home to another placement
9outside that home, the change-in-placement order shall, in addition, comply with
10the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028
11(6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for
12departing from that order.
AB565,11 13Section 11. 938.357 (2v) (a) 5. of the statutes is created to read:
AB565,7,2114 938.357 (2v) (a) 5. If the change in placement would move a juvenile from a
15foster home or other out-of-home placement with a physical custodian described in
16s. 48.62 (2) to another placement outside the juvenile's home, a finding that removing
17the juvenile from the foster home or other placement with a physical custodian is in
18the best interest of the juvenile. In making a finding under this subdivision, there
19is no presumption that a change in placement from a foster home or other
20out-of-home placement with a physical custodian to a placement with a relative
21other than a parent is in the best interest of the juvenile.
AB565,12 22Section 12. 938.357 (2v) (b) of the statutes is amended to read:
AB565,8,623 938.357 (2v) (b) Documentation of basis of findings. The court shall make the
24findings under par. (a) 1. and, 3., and 5. on a case-by-case basis based on
25circumstances specific to the juvenile and shall document or reference the specific

1information on which those findings are based in the change in placement order. A
2change in placement order that merely references par. (a) 1. or, 3., or 5. without
3documenting or referencing that specific information in the change in placement
4order or an amended change in placement order that retroactively corrects an earlier
5change in placement order that does not comply with this paragraph is not sufficient
6to comply with this paragraph.
AB565,13 7Section 13. 938.357 (2v) (d) 1. of the statutes is amended to read:
AB565,9,28 938.357 (2v) (d) 1. Subject to subd. 2., the court shall order the county
9department or the agency primarily responsible for implementing the dispositional
10order to conduct a diligent search in order to locate and provide notice of the
11information specified in s. 938.21 (5) (e) 2. a. to e. to all relatives of the juvenile named
12under sub. (1) (c) 2m. or (2m) (bm) and to all adult relatives, as defined in s. 938.21
13(5) (e) 1., of the juvenile within 30 days after the juvenile is removed from the custody
14of the juvenile's parent unless the juvenile is returned to his or her home within that
15period. The court may also order the county department or agency to conduct a
16diligent search in order to locate and provide notice of that information to all other
17adult individuals named under sub. (1) (c) 2m. or (2m) (bm) within 30 days after the
18juvenile is removed from the custody of the juvenile's parent unless the juvenile is
19returned to his or her home within that period. The county department or agency
20may not provide that notice to a person named under sub. (1) (c) 2m. or (2m) (bm) or
21to an adult relative if the county department or agency has reason to believe that it
22would be dangerous to the juvenile or to the parent if the juvenile were placed with
23that person or adult relative. An adult relative who receives notice under this
24subdivision has no more than 4 months from the date that he or she received the

1notice to indicate his or her willingness to participate in the care and placement of
2the juvenile.
AB565,14 3Section 14. Initial applicability.
AB565,9,84 (1) Participation in care and placement of child or juvenile. The treatment
5of ss. 48.21 (5) (e) 3., 48.355 (2) (cm) 1., 48.357 (2v) (d) 1., 938.21 (5) (e) 3., 938.355
6(2) (cm) 1., and 938.357 (2v) (d) 1. first applies to a person who receives the notice
7under s. 48.21 (5) (e) 3., 48.355 (2) (cm) 1., 48.357 (2v) (d) 1., 938.21 (5) (e) 3., 938.355
8(2) (cm) 1., or 938.357 (2v) (d) 1. on the effective date of this subsection.
AB565,9,129 (2) Findings in best interest of the child. The treatment of ss. 48.355 (1),
1048.357 (1) (am) 3. and (2v) (a) 5. and (b), and 938.357 (1) (am) 3. and (2v) (a) 5. and
11(b) first applies to a change in placement that is requested on the effective date of this
12subsection.
AB565,9,1313 (End)
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