SB606: Bill Text

LRB-4214/1

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2005 - 2006 LEGISLATURE

2005 Senate BILL 606

February 20, 2006 - Introduced by Senators Lazich, Darling, A. Lasee and Roessler, cosponsored by Representatives Stone, Vos, F. Lasee, Van Roy and Krawczyk. Referred to Committee on Health, Children, Families, Aging and Long Term Care.

SB606,1,3 An Act to amend 48.833; and to create 48.834 of the statutes; relating to: placement for adoption of a child with a sibling who has been adopted or has been placed for adoption.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Health and Family Services (DHFS), a county department of human services or social services (county department), or a child welfare agency may place a child for adoption in a licensed foster home without an order of the court assigned to exercise jurisdiction under the Children's Code if DHFS, the county department, or the child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child. Current law requires DHFS, a county department, or a child welfare agency, before placing a child for adoption, to consider the availability of a placement for adoption with a relative of the child.

This bill requires DHFS, a county department, or a child welfare agency, before placing for adoption a child who has a sibling who has been adopted or has been placed for adoption, to request the agency that investigated the adoptive placement of the sibling or is investigating the proposed adoptive placement of the sibling to investigate the placement of the sibling to determine whether that placement is suitable for the child and, if the investigating agency indicates that the placement is suitable for the child, to place the child for adoption in that placement.

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:

SB606, s. 1 Section 1. 48.833 of the statutes is amended to read:

SB606,2,19 48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the, or child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child. Before placing a child for adoption under this section, the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department, or child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.

SB606, s. 2 Section 2. 48.834 of the statutes is created to read:

SB606,3,8 48.834 Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies. (1) Placement with relatives. Before placing a child for adoption under s. 48.833, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency.

SB606,3,17 (2) Placement with siblings. Before placing for adoption under s. 48.833 a child who has a sibling who has been adopted or has been placed for adoption, the department, county department under s. 48.57 (1) (e) or (hm), or child welfare agency making the placement shall request the agency that investigated the adoptive placement of the sibling or is investigating the proposed adoptive placement of the sibling to investigate the placement of the sibling to determine whether that placement is suitable for the child. If that agency indicates that the placement of the sibling is suitable for the child, the department, county department, or child welfare agency shall place the child for adoption under s. 48.833 in that placement.

SB606, s. 3 Section 3. Initial applicability.

SB606,3,21 (1) Placement of children with siblings for adoption. This act first applies to a child who is placed for adoption under section 48.833 of the statutes, as affected by this act, on the effective date of this subsection.

SB606,3,22 (End)