LRB-5076/1
GMM:skg:mkd
1995 - 1996 LEGISLATURE
February 13, 1996 - Introduced by Representatives Seratti, Musser, Albers,
Goetsch, Freese, Otte and Grothman. Referred to Committee on Children
and Families.
AB875,1,4
1An Act to amend 48.371 (intro.) and 938.371 (intro.); and
to create 48.371 (4)
2and 938.371 (4) of the statutes;
relating to: access by a child's substitute care
3provider to information relating to any involvement of the child, whether as
4victim or perpetrator, in the worshipping of Satan or in sexual abuse.
Analysis by the Legislative Reference Bureau
Under current law, at the time of placement of a child in a foster home, group
home or child caring institution or within 30 days after the date of placement, if the
information is not available at the time of placement, the agency that prepared the
child's permanency plan must provide the foster parent or operator of the group home
or child caring institution with any information in the child's court report or
permanency plan relating to any of the following:
1. Human immunodeficiency virus (HIV) test results, if the child's parent or
guardian has consented to that test and to the release of those test results.
2. Viral hepatitis, type B, test results.
3. Findings or opinions of the court assigned to exercise jurisdiction under the
children's code (juvenile court) or of the agency that prepared the child's court report
or permanency plan relating to any mental, emotional, cognitive, developmental or
behavioral disability of the child.
This bill requires the agency that prepared a child's permanency plan to
disclose to the child's foster parent or treatment foster parent or to the operator of
the group home or child caring institution in which the child is placed, at the time
of placement or, if the information is not available at the time of placement, within
30 days after the placement, findings or opinions of the juvenile court or of the agency
that prepared the child's court report or permanency plan relating to any
involvement of the child, whether as victim or perpetrator, in the worshipping of
Satan or in unlawful sexual intercourse or sexual contact, prostitution, sexual
exploitation of a child or forced viewing or listening to sexual activity.
For further information see the 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:
AB875, s. 1
1Section
1. 48.371 (intro.) of the statutes is amended to read:
AB875,2,10
248.371 Access to certain information by substitute care provider. 3(intro.) At the time of placement of a child in a foster home,
treatment foster home, 4group home or child caring institution under s. 48.345 or 48.357, or, if the information
5specified in this section is not available at that time, within 30 days after the date
6of the placement, the agency that prepared the child's permanency plan shall provide
7the foster parent
, treatment foster parent or operator of the group home or child
8caring institution with any information contained in the court report submitted
9under s. 48.33 or permanency plan submitted under s. 48.38, relating to any of the
10following:
AB875, s. 2
11Section
2. 48.371 (4) of the statutes is created to read:
AB875,2,1912
48.371
(4) Findings or opinions of the court or agency relating to any
13involvement of the child, whether as victim or perpetrator, in the worshipping of
14Satan or in sexual intercourse or sexual contact in violation of s. 940.225, 948.02 or
15948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in
16violation of s. 948.05 or causing a child to view or listen to sexual activity in violation
17of s. 948.055. The foster parent, treatment foster parent or operator of a group home
18or child caring institution receiving information under this subsection shall keep the
19information confidential.
AB875,3,9
1938.371 Access to certain information by substitute care provider. 2(intro.) At the time of placement of a juvenile in a foster home,
treatment foster
3home, group home or child caring institution under s. 938.183 (2), 938.34, 938.345
4or 938.357, or, if the information specified in this section is not available at that time,
5within 30 days after the date of the placement, the agency that prepared the
6juvenile's permanency plan shall provide the foster parent
, treatment foster parent 7or operator of the group home or child caring institution with any information
8contained in the court report submitted under s. 938.33 or permanency plan
9submitted under s. 938.38, relating to any of the following:
AB875, s. 4
10Section
4. 938.371 (4) of the statutes is created to read:
AB875,3,1811
938.371
(4) Findings or opinions of the court or agency relating to any
12involvement of the child, whether as victim or perpetrator, in the worshipping of
13Satan or in sexual intercourse or sexual contact in violation of s. 940.225, 948.02 or
14948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in
15violation of s. 948.05 or causing a child to view or listen to sexual activity in violation
16of s. 948.055. The foster parent, treatment foster parent or operator of a group home
17or child caring institution receiving information under this subsection shall keep the
18information confidential.
AB875,3,22
20(1) This act first applies to a child who is placed in a foster home, treatment
21foster home, group home or child caring institution on the effective date of this
22subsection.
AB875,4,2
1(1)
This act takes effect on July 1, 1996, or on the day after publication,
2whichever is later.
