2009 - 2010 LEGISLATURE
March 17, 2009 - Introduced by Senators Taylor and Lassa, cosponsored by
Representatives Grigsby, Young, Turner, Pasch, Fields, A. Williams,
Berceau, Ballweg
and Sinicki. Referred to Committee on Children and
Families and Workforce Development.
SB122,1,4 1An Act to amend 48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64
2(4) (a) and 48.64 (4) (c) of the statutes; relating to: notice of intent to remove
3a child from the home of a relative and review of decisions or orders involving
4the placement and care of a child placed in the home of a relative.
Analysis by the Legislative Reference Bureau
Under current law, if a child has been placed in a foster home, treatment foster
home, or group home for six months or longer, the Department of Children and
Families (DCF), the Department of Corrections, the county department of human
services or social services (county department), or licensed child welfare agency
(collectively, "agency") that placed the child must give the head of the home written
notice of intent to remove the child from the home, stating the reasons for the
removal. In those cases, the child may not be removed from the home before
completion of a hearing before DCF or the circuit court to review the removal
decision, if a hearing has been requested, or 30 days after receipt of the notice of
intent to remove, whichever is later, unless the safety of the child requires removal.
Also, under current law, any decision or order issued by an agency that affects
the head of a foster home, treatment foster home, or group home or the children
involved may be appealed to DCF under fair hearing procedures. Under those
procedures, the head of the home is entitled to be represented by counsel, to examine
documents and records, to bring witnesses, to confront and cross-examine adverse
witnesses, and to have judicial review of DCF's decision.

In addition, under current law, an interested party may file a petition with the
circuit court for the county where a child is placed alleging that a decision or order
of the agency supervising the child's placement is not in the best interests of the child.
On receipt of a petition, the circuit court may call a hearing for the purpose of
reviewing the decision or order. If the child is placed in a foster home, the foster
parent may present relevant evidence at the hearing.
This bill grants to a relative, other than a parent, in whose home a child is
placed the same procedural rights relating to notice of intent to remove a child from
the home and review of decisions or orders involving the placement and care of the
child that are granted a foster parent under current law. Specifically, under the bill:
1. The agency that placed the child in the home of the relative must give the
relative written notice of intent to remove the child from the home, stating the
reasons for the removal, and the child may not be removed from the home before
completion of a hearing before DCF or the circuit court to review the removal
decision, if a hearing has been requested, or 30 days after receipt of the notice of
intent to remove, whichever is later, unless the safety of the child requires removal.
2. Any decision or order issued by an agency that affects the relative or the child
may be appealed to DCF under fair hearing procedures that include the rights to be
represented by counsel, to examine documents and records, to bring witnesses, to
confront and cross-examine adverse witnesses, and to have judicial review of DCF's
decision.
3. The relative may file a petition with the circuit court for the county where
the child is placed alleging that a decision or order of the agency supervising the
child's placement is not in the best interests of the child, the circuit court may call
a hearing for the purpose of reviewing the decision or order, and the relative may
present relevant evidence at the hearing.
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:
SB122, s. 1 1Section 1. 48.64 (title) of the statutes is amended to read:
SB122,2,3 248.64 (title) Placement of children in foster homes, treatment foster
3homes and group homes
out-of-home care.
SB122, s. 2 4Section 2. 48.64 (1) of the statutes is amended to read:
SB122,3,25 48.64 (1) Definition. In this section, "agency" means the department, the
6department of corrections, a county department, or a licensed child welfare agency

1authorized to place children in foster homes, treatment foster homes, or group homes
2or in the homes of relatives other than a parent.
SB122, s. 3 3Section 3. 48.64 (1m) of the statutes is amended to read:
SB122,3,244 48.64 (1m) Foster home, treatment foster home and group home
5Out-of-home care agreements. If an agency places a child in a foster home,
6treatment foster home, or group home or in the home of a relative other than a parent
7under a court order or places a child in a foster home, treatment foster home, or group
8home under a
voluntary agreement under s. 48.63, the agency shall enter into a
9written agreement with the head of the home. The agreement shall provide that the
10agency shall have access at all times to the child and the home, and that the child
11will be released to the agency whenever, in the opinion of the agency placing the child
12or the department, the best interests of the child require it. If a child has been in a
13foster home, treatment foster home, or group home or in the home of a relative other
14than a parent
for 6 months or more, the agency shall give the head of the home
15written notice of intent to remove the child, stating the reasons for the removal. The
16child may not be removed before completion of the hearing under sub. (4) (a) or (c),
17if requested, or 30 days after the receipt of the notice, whichever is later, unless the
18safety of the child requires it or, in a case in which the reason for removal is to place
19the child for adoption under s. 48.833, unless all of the persons who have the right
20to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the
21proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall
22apply
applies. If an agency removes a child from an adoptive placement, the head
23of the home shall have no claim against the placing agency for the expense of care,
24clothing, or medical treatment.
SB122, s. 4 25Section 4. 48.64 (1r) of the statutes is amended to read:
SB122,4,7
148.64 (1r) Notification of school district. When an agency places a
2school-age child in a foster home, a treatment foster home or a , or group home or
3in the home of a relative other than a parent
, the agency shall notify the clerk of the
4school district in which the foster home, treatment foster home or, group home, or
5home of the relative
is located that a school-age child has been placed in a foster
6home, treatment foster home or, group home, or home of a relative in the school
7district.
SB122, s. 5 8Section 5. 48.64 (2) of the statutes is amended to read:
SB122,4,139 48.64 (2) Supervision of foster home, treatment foster home and group home
10out-of-home care placements. Every child who is placed in a foster home, treatment
11foster home, or group home shall be under the supervision of an agency. Every child
12who is placed in the home of a relative other than a parent under a court order shall
13be under the supervision of an agency.
SB122, s. 6 14Section 6. 48.64 (4) (a) of the statutes is amended to read:
SB122,5,2315 48.64 (4) (a) Any decision or order issued by an agency that affects the head of
16a foster home, treatment foster home, or group home, the head of the home of a
17relative other than a parent in which a child is placed,
or the children child involved
18may be appealed to the department under fair hearing procedures established under
19department rules. The department shall, upon rules promulgated by the
20department. Upon
receipt of an appeal, the department shall give the head of the
21home reasonable notice and an opportunity for a fair hearing. The department may
22make such additional investigation as the department considers necessary. The
23department shall give notice of the hearing to the head of the home and to the
24departmental subunit, county department, or child welfare agency that issued the
25decision or order. Each person receiving notice is entitled to be represented at the

1hearing. At all hearings conducted under this subsection paragraph, the head of the
2home, or a representative of the head of the home, shall have an adequate
3opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records
4to be used at the hearing at a reasonable time before the date of the hearing as well
5as during the hearing, to bring witnesses, to establish all pertinent facts and
6circumstances, and to question or refute any testimony or evidence, including an
7opportunity to confront and cross-examine adverse witnesses. The department
8shall grant a continuance for a reasonable period of time when an issue is raised for
9the first time during a hearing. This requirement may be waived with the consent
10of the parties. The decision of the department shall be based exclusively on evidence
11introduced at the hearing. A transcript of testimony and exhibits, or an official report
12containing the substance of what transpired at the hearing, together with all papers
13and requests filed in the proceeding, and the findings of the hearing examiner shall
14constitute the exclusive record for decision by the department. The department shall
15make the record available at any reasonable time and at an accessible place to the
16head of the home or his or her representative. Decisions by the department shall
17specify the reasons for the decision and identify the supporting evidence. No person
18participating in an agency action being appealed may participate in the final
19administrative decision on that action. The department shall render its decision as
20soon as possible after the hearing and shall send a certified copy of its decision to the
21head of the home and to the departmental subunit, county department , or child
22welfare agency that issued the decision or order. The decision shall be binding on all
23parties concerned.
SB122, s. 7 24Section 7. 48.64 (4) (c) of the statutes is amended to read:
SB122,6,13
148.64 (4) (c) The circuit court for the county where the dispositional order
2placing a child in a foster home, treatment foster home, or group home or in the home
3of a relative other than a parent
was entered or the voluntary agreement under s.
448.63 so placing a child in a foster home, treatment foster home, or group home was
5made has jurisdiction upon petition of any interested party over a the child who is
6placed in a the foster home, treatment foster home, or group home, or home of the
7relative
. The circuit court may call a hearing, at which the head of the home and the
8supervising agency under sub. (2) shall be present, for the purpose of reviewing any
9decision or order of that agency involving the placement and care of the child. If the
10child has been placed in a foster home or in the home of a relative other than a parent,
11the foster parent or relative may present relevant evidence at the hearing. The
12petitioner has the burden of proving by clear and convincing evidence that the
13decision or order issued by the agency is not in the best interests of the child.
SB122, s. 8 14Section 8. Initial applicability.
SB122,6,1715 (1) Agency decisions involving placement of child. This act first applies to
16decisions or orders involving the placement and care of a child that are made on the
17effective date of this subsection.
SB122,6,1818 (End)
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