Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 16
1Section 16. 48.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts
279
and 185, is amended to read:
SB285,7,203 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
4placement of the child in his or her home would be contrary to the welfare of the child,
5a finding as to whether the county department, the department, in a county having
6a population of 500,000 or more, or the agency primarily responsible for providing
7services under a court order has made reasonable efforts to prevent the removal of
8the child from the home, while assuring that the child's health and safety are the
9paramount concerns, unless the court finds that any of the circumstances specified
10in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been
11prepared for the child, a finding as to whether the county department, department,
12or agency has made reasonable efforts to achieve the goal of the child's permanency
13plan, including, if appropriate, through an out-of-state placement,. The court shall
14make the findings specified in this subdivision on a case-by-case basis based on
15circumstances specific to the child and shall document or reference the specific
16information on which those findings are based in the court order. A court order that
17merely references this subdivision without documenting or referencing that specific
18information in the court order or an amended court order that retroactively corrects
19an earlier court order that does not comply with this subdivision is not sufficient to
20comply with this subdivision.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 17 21Section 17. The treatment of 48.363 (1) (b) of the statutes by 2009 Wisconsin
22Act 79
, section 38, is not repealed by 2009 Wisconsin Act 94, section 100. Both
23treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.363 (1) (b) reads:
(b) If a hearing is held, at least 3 days before prior to the the hearing the court shall
notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all
parties bound by the dispositional order, the child's foster parent, treatment foster
parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed
special advocate, the district attorney or corporation counsel in the county in which the
dispositional order was entered, 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 tribe. If the child is
the expectant mother of an unborn child under s. 48.133, the court shall also notify the
unborn child by the unborn child's guardian ad litem. If the proceeding involves an adult
expectant mother of an unborn child under s. 48.133, the court shall notify the adult
expectant mother, the unborn child through the unborn child's guardian ad litem, all
parties bound by the dispositional order, and the district attorney or corporation counsel
in the county in which the dispositional order was entered. A copy of the request or
proposal shall be attached to the notice. If all parties consent, the court may proceed
immediately with the hearing. No revision may extend the effective period of the original
order.
SB285, s. 18 1Section 18. 48.365 (2m) (a) 1. and 1m. of the statutes, as affected by 2009
2Wisconsin Act 79
, section 44, and 2009 Wisconsin Act 94, section 106, and 2009
3Wisconsin Act 185
, section 17, are amended to read:
SB285,8,144 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
5extension. If the child is placed outside of his or her home, the person or agency
6primarily responsible for providing services to the child shall present as evidence
7specific information showing that the person or agency has made reasonable efforts
8to achieve the goal of the child's permanency plan, including, if appropriate, through
9an out-of-state placement, under. If an Indian child is placed outside the home of
10his or her parent or Indian custodian, the person or agency primarily responsible for
11providing services to the Indian child shall also present as evidence specific
12information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
13prevent the breakup of the Indian child's family and that those efforts have proved
14unsuccessful.
SB285,9,715 1m. The judge shall make findings of fact and conclusions of law based on the
16evidence. The findings of fact shall include a finding as to whether reasonable efforts

1were made by the person or agency primarily responsible for providing services to
2the child to achieve the goal of the child's permanency plan, including, if appropriate,
3through an out-of-state placement, under. If the child is an Indian child who is
4placed outside the home of his or her parent or Indian custodian, the findings of fact
5shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to
6prevent the breakup of the Indian child's family and that those efforts have proved
7unsuccessful. An order shall be issued under s. 48.355.
Note: 2009 Wis. Act 185 deleted a comma where each underscored comma is
inserted, but the reinsertion of those commas was made necessary by the treatment by
2009 Wis. Act 79. Act 79 inserted the stricken commas, but they were rendered
unnecessary by the treatment by Act 185. 2009 Wis. Act 94 inserted the two instances
of the word "under" that are stricken here, but they were rendered surplusage by the Act
185 treatment.
SB285, s. 19 8Section 19. The treatment of 48.365 (2m) (ag) of the statutes by 2009
9Wisconsin Act 79
, section 48, is not repealed by 2009 Wisconsin Act 94, section 110.
10Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.365 (2m) (ag) reads:
(ag) The court shall give a foster parent, treatment foster parent, or other physical
custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) a right to be
heard at the hearing by permitting the foster parent, treatment foster parent, or other
physical custodian to make a written or oral statement during the hearing, or to submit
a written statement prior to the hearing, relevant to the issue of extension. A foster
parent, treatment foster parent, or other physical custodian who receives notice of a
hearing under sub. (2) and a right to be heard under this paragraph does not become a
party to the proceeding on which the hearing is held solely on the basis of receiving that
notice and having the right to be heard.
SB285, s. 20 11Section 20. 48.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin Act
12Act 94, section 111, is amended to read:
SB285,9,1613 48.365 (2m) (ag) The court shall give a foster parent or other physical custodian
14described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity a
15right
to be heard at the hearing by permitting the foster parent or other physical
16custodian to make a written or oral statement during the hearing, or to submit a

1written statement prior to the hearing, relevant to the issue of extension. A foster
2parent or other physical custodian who receives notice of a hearing under sub. (2) and
3an opportunity a right to be heard under this paragraph does not become a party to
4the proceeding on which the hearing is held solely on the basis of receiving that notice
5and having the opportunity right to be heard.
Note: 2009 Wis. Act 94, section 111, repealed and recreated s. 48.365 (2m) (ag)
without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act
79
, section 49. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both treatments.
SB285, s. 21 6Section 21. 48.38 (4m) of the statutes, as affected by 2009 Wisconsin Act 79,
7sections 56 and 57, and 2009 Wisconsin Act 94, sections 113 and 114, is repealed and
8recreated to read:
SB285,10,199 48.38 (4m) Reasonable efforts not required; permanency plan
10determination hearing.
(a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357,
11or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to
125. applies with respect to a parent, the court shall hold a hearing within 30 days after
13the date of that finding to determine the permanency plan for the child. If a hearing
14is held under this paragraph, the agency responsible for preparing the permanency
15plan shall file the permanency plan with the court not less than 5 days before the date
16of the hearing. At the hearing, the court shall consider placing the child in a
17placement outside this state if the court determines that such a placement would be
18in the best interests of the child and appropriate to achieving the goal of the child's
19permanency plan.
SB285,11,420 (b) At least 10 days before the date of the hearing the court shall notify the child;
21any parent, guardian, and legal custodian of the child; any foster parent, or other
22physical custodian described in s. 48.62 (2) of the child, the operator of the facility

1in which the child is living, or the relative with whom the child is living; and, if the
2child is an Indian child, the Indian child's Indian custodian and tribe of the time,
3place, and purpose of the hearing, of the issues to be determined at the hearing, and
4of the fact that they shall have a right to be heard at the hearing.
SB285,11,195 (c) If the child's permanency plan includes a statement under sub. (4) (i)
6indicating that the child's age and developmental level are sufficient for the court to
7consult with the child regarding the child's permanency plan or if, notwithstanding
8a decision under sub. (4) (i) that it would not be appropriate for the court to consult
9with the child, the court determines that consultation with the child would be in the
10best interests of the child, the court shall consult with the child, in an
11age-appropriate and developmentally appropriate manner, regarding the child's
12permanency plan and any other matters the court finds appropriate. If none of those
13circumstances apply, the court may permit the child's caseworker, the child's counsel,
14or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral
15statement during the hearing, or to submit a written statement prior to the hearing,
16expressing the child's wishes, goals, and concerns regarding the permanency plan
17and those matters. If the court permits such a written or oral statement to be made
18or submitted, the court may nonetheless require the child to be physically present
19at the hearing.
SB285,12,220 (d) The court shall give a foster parent, other physical custodian described in
21s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under par.
22(b) a right to be heard at the hearing by permitting the foster parent, other physical
23custodian, operator, or relative to make a written or oral statement during the
24hearing, or to submit a written statement prior to the hearing, relevant to the issues
25to be determined at the hearing. The foster parent, other physical custodian,

1operator of a facility, or relative does not become a party to the proceeding on which
2the hearing is held solely on the basis of receiving that notice and right to be heard.
Note: 2009 Wis. Act 79, section 56, and 2009 Wis. Act 94, section 113, create very
similar, but not identical, provisions that are numbered s. 48.38 (4m). This treatment
gives effect to both acts by merging the text of the two provisions and eliminating minor
differences in punctuation and sentence structure. The provision created as s. 48.38 (4m)
(c) in Act 94 is created as s. 48.38 (4m) (d) in Act 79, and a provision with no counterpart
in Act 94 is created as s. 48.38 (4m) (c) in Act 79. The provision created as 48.38 (4m) (c)
in Act 79 is recreated here as s. 48.38 (4m) (c), and the provision created as s. 48.38 (4m)
(c) in Act 94 and as s. 48.38 (4m) (d) in Act 79 is recreated here as s. 48.38 (4m) (d). Act
79, section 57, and Act 94, section 114, each eliminated the phrase "treatment foster
parent" in s. 48.38 (4m), as created by the respective acts, as of January 1, 2011.
SB285, s. 22 3Section 22. The treatment of 48.38 (5) (b) of the statutes by 2009 Wisconsin
4Act 79
, section 58, is not repealed by 2009 Wisconsin Act 94, section 115. Both
5treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5) (b) reads:
(b) The court or the agency shall notify the child; the child's parent, guardian, and
legal custodian; and the child's foster parent or treatment foster parent, the operator of
the facility in which the child is living, or the relative with whom the child is living; 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 of the time, place, and purpose
of the review, of the issues to be determined as part of the review, and of the fact that they
shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency
shall notify the person representing the interests of the public, the child's counsel, the
child's guardian ad litem, and the child's court-appointed special advocate of the time,
place, and purpose of the review, of the issues to be determined as part of the review, and
of the fact that they may have an opportunity to be heard at the review as provided in par.
(bm) 1. The notices under this paragraph shall be provided in writing not less than 30
days before the review and copies of the notices shall be filed in the child's case record.
SB285, s. 23 6Section 23 . 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 94,
7section 116, is amended to read:
SB285,13,118 48.38 (5) (b) The court or the agency shall notify the child, if he or she is 12 years
9of age or older
; the child's parent, guardian, and legal custodian; the child's foster
10parent, the operator of the facility in which the child is living, or the relative with
11whom the child is living; and, if the child is an Indian child who is placed outside the
12home of his or her parent or Indian custodian, the Indian child's Indian custodian and
13tribe of the date, time, and place , and purpose of the review, of the issues to be

1determined as part of the review, and of the fact that they may have an opportunity
2shall have a right to be heard at the review by submitting written comments not less
3than 10 working days before the review or by participating at the review
as provided
4in par. (bm) 1
. The court or agency shall notify the person representing the interests
5of the public, the child's counsel, the child's guardian ad litem, and the child's
6court-appointed special advocate of the date time, place, and purpose of the review,
7of the issues to be determined as part of the review, and of the fact that they may
8submit written comments not less than 10 working days before the review have an
9opportunity to be heard at the review as provided in par. (bm) 1
. The notices under
10this paragraph shall be provided in writing not less than 30 days before the review
11and copies of the notices shall be filed in the child's case record.
Note: 2009 Wis. Act 94, section 116, repealed and recreated s. 48.38 (5) (b) without
taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79,
section 59. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285, s. 24 12Section 24. 48.38 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act
1379
, section 61, is amended to read:
SB285,14,414 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
15operator of a facility, or relative who is provided notice of the review under par. (b)
16shall have a right to be heard at the review by submitting written comments relevant
17to the determinations specified in par. (c) not less than 10 working days before the
18date of the review or by participating at the review. A person representing the
19interests of the public, counsel, guardian ad litem, or court-appointed special
20advocate who is provided notice of the review under par. (b) may have an opportunity
21to be heard at the review by submitting written comments relevant to the
22determinations specified in par. (c) not less than 10 working days before the date of

1the review. A foster parent, operator of a facility, or relative who receives notice of
2a hearing review under par. (b) and a right to be heard under this subdivision does
3not become a party to the proceeding on which the review is held solely on the basis
4of receiving that notice and right to be heard.
Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and
inserted "hearing" without showing it as scored. No change was intended. The
proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.
SB285, s. 25 5Section 25. 48.38 (5) (c) 7. of the statutes, as affected by 2009 Wisconsin Acts
679
and 185, is amended to read:
SB285,14,97 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
8the goal of the permanency plan, including, if appropriate, through an out-of-state
9placement,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 26 10Section 26. The treatment of 48.38 (5) (d) of the statutes by 2009 Wisconsin
11Act 79
is not repealed by 2009 Wisconsin Act 94. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5) (d) reads:
(d) Notwithstanding s. 48.78 (2) (a), the agency that prepared the permanency plan
shall, at least 5 days before a review by a review panel, provide to each person appointed
to the review panel, the child's parent, guardian, and legal custodian, the person
representing the interests of the public, the child's counsel, the child's guardian ad litem,
the child's 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 a copy of the permanency plan and any written comments submitted
under par. (bm) 1. Notwithstanding s. 48.78 (2) (a), a person appointed to a review panel,
the person representing the interests of the public, the child's counsel, the child's
guardian ad litem, the child's 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 may have access to any other records concerning
the child for the purpose of participating in the review. A person permitted access to a
child's records under this paragraph may not disclose any information from the records
to any other person.
SB285, s. 27
1Section 27. The treatment of 48.38 (5) (e) of the statutes by 2009 Wisconsin
2Act 79
, section 67, is not repealed by 2009 Wisconsin Act 94, section 119. Both
3treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5) (e) reads:
(e) Within 30 days, the agency shall prepare a written summary of the
determinations under par. (c) and shall provide a copy to the court that entered the order;
the child or the child's counsel or guardian ad litem; the person representing the interests
of the public; the child's parent, guardian, and or legal custodian;, the child's
court-appointed special advocate;, the child's foster parent or treatment foster parent,
the operator of the facility where the child is living, or the relative with whom the child
is living; 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.
SB285, s. 28 4Section 28 . 48.38 (5) (e) of the statutes, as affected by 2009 Wisconsin Act 94,
5section 120, is amended to read:
SB285,15,136 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
7the determinations under par. (c) and shall provide a copy to the court that entered
8the order; the child or the child's counsel or guardian ad litem; the person
9representing the interests of the public; the child's parent, guardian, or legal
10custodian; the child's court-appointed special advocate; the child's foster parent or,
11the operator of the facility where the child is living, or the relative with whom the
12child is living
; and, if the child is an Indian child who is placed outside the home of
13his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
Note: 2009 Wis. Act 94, section 120, repealed and recreated s. 48.38 (5) (e) without
taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79,
section 68. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285, s. 29 14Section 29. The treatment of 48.38 (5m) (b) of the statutes by 2009 Wisconsin
15Act 79
, section 69, is not repealed by 2009 Wisconsin Act 94, section 121. Both
16treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5m) (b) reads:

(b) Not less than 30 days before the date of the hearing, the court shall notify the
child; the child's parent, guardian, and legal custodian; and the child's foster parent or
treatment foster parent, the operator of the facility in which the child is living, or the
relative with whom the child is living of the time, place, and purpose of the hearing, of
the issues to be determined at the hearing, and of the fact that they shall have a right to
be heard at the hearing as provided in par. (c) 1. and shall notify the child's counsel, the
child's guardian ad litem, and the child's court-appointed special advocate; the agency
that prepared the permanency plan; the person representing the interests of the public;
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 of the time, place, and
purpose of the hearing, of the issues to be determined at the hearing, and of the fact that
they may have an opportunity to be heard at the hearing as provided in par. (c) 1.
SB285, s. 30 1Section 30. 48.38 (5m) (b) of the statutes, as affected by 2009 Wisconsin Act
294
, section 122, is amended to read:
SB285,16,153 48.38 (5m) (b) Not less than 30 days before the date of the hearing, the court
4shall notify the child; the child's parent, guardian, and legal custodian; and the
5child's foster parent, the operator of the facility in which the child is living, or the
6relative with whom the child is living; of the time, place, and purpose of the hearing,
7of the issues to be determined at the hearing, and of the fact that they shall have a
8right to be heard at the hearing as provided in par. (c) 1. and shall notify
the child's
9counsel, the child's guardian ad litem, and the child's court-appointed special
10advocate; the agency that prepared the permanency plan; the person representing
11the interests of the public; and, if the child is an Indian child who is placed outside
12the home of his or her parent or Indian custodian, the Indian child's Indian custodian
13and tribe of the date, time, and place, and purpose of the hearing, of the issues to be
14determined at the hearing, and of the fact that they may have an opportunity to be
15heard at the hearing as provided in par. (c) 1
.
Note: 2009 Wis. Act 94, section 122, repealed and recreated section 48.38 (5m) (b)
without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act
79
, section 70. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285, s. 31
1Section 31. The treatment of 48.38 (5m) (d) of the statutes by 2009 Wisconsin
2Act 79
is not repealed by 2009 Wisconsin Act 94. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5m) (d) reads:
(d) At least 5 days before the date of the hearing the agency that prepared the
permanency plan shall provide a copy of the permanency plan and any written comments
submitted under par. (c) 1. to the court, to the child's parent, guardian, and legal
custodian, to the person representing the interests of the public, to the child's counsel or
guardian ad litem, to the child's 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, to
the Indian child's Indian custodian and tribe. Notwithstanding s. 48.78 (2) (a), the person
representing the interests of the public, the child's counsel or guardian ad litem, the
child's court-appointed special advocate, and, if the child is an Indian child who is placed
outside of the home of his or her parent or Indian custodian, the Indian child's Indian
custodian and tribe may have access to any other records concerning the child for the
purpose of participating in the review. A person permitted access to a child's records
under this paragraph may not disclose any information from the records to any other
person.
SB285, s. 32 3Section 32. The treatment of 48.43 (5m) of the statutes by 2009 Wisconsin Act
479
, section 90, is not repealed by 2009 Wisconsin Act 94, section 157. Both
5treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.43 (5m) reads:
(5m) Either the court or the agency that prepared the permanency plan shall
furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years
of age or over, to the child's foster parent or treatment foster parent, the operator of the
facility in which the child is living, or the relative with whom the child is living, and, if
the order under sub. (1) involuntarily terminated parental rights to an Indian child, to
the Indian child's tribe.
SB285, s. 33 6Section 33. 48.43 (5m) of the statutes, as affected by 2009 Wisconsin Act 94,
7section 158, is amended to read:
SB285,17,138 48.43 (5m) Either the court or the agency that prepared the permanency plan
9shall furnish a copy of the original plan and each revised plan to the child, if he or
10she is 12 years of age or over, to the child's foster parent or, the operator of the facility
11in which the child is living, or the relative with whom the child is living, and, if the
12order under sub. (1) involuntarily terminated parental rights to an Indian child, to
13the Indian child's tribe.

Note: 2009 Wis. Act 94, section 158, repealed and recreated s. 48.43 (5m) without
taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79,
section 91. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285, s. 34 1Section 34. The treatment of 48.48 (17) (c) 4. of the statutes by 2009 Wisconsin
2Act 28
, section 984, is not repealed by 2009 Wisconsin Act 180. Both treatments
3stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.48 (17) (c) 4. reads:
4. Is living in a foster home, treatment foster home, group home, or residential care
center for children and youth.
SB285, s. 35 4Section 35 . 48.48 (17) (c) 4. of the statutes, as affected by 2009 Wisconsin Act
528
, section 985, and 2009 Wisconsin Act 180, is amended to read:
SB285,18,76 48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center
7for children and youth.
Note: 2009 Wis. Act 28, section 985, deleted the scored "or" without showing it as
stricken. No change was intended.
SB285, s. 36 8Section 36. The treatment of 48.63 (5) (d) 4. of the statutes by 2009 Wisconsin
9Act 79
is not repealed by 2009 Wisconsin Act 94. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.63 (5) (d) 4. reads:
4. Not less than 10 days before the review, the agency that placed the child or that
arranged the placement of the child shall provide a copy of the revised permanency plan
or plans and the request for review submitted under subd. 3. and notice of the time and
place of the review to the child, the parent, guardian, Indian custodian, and legal
custodian of the child, and the operator of the group home in which the child is placed,
together with notice of the issues to be determined as part of the permanency plan review
and notice of the fact that those persons shall have a right to be heard at the review by
submitting written comments to that agency or the independent reviewing agency before
the review or by participating at the review.
SB285, s. 37 10Section 37. 48.651 (3) of the statutes, as created by 2009 Wisconsin Act 76, is
11amended to read:
SB285,19,712 48.651 (3) (a) If a day child care provider certified under sub. (1) is convicted
13of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.

148.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day
2child care provider is convicted or adjudicated delinquent for committing a serious
3crime on or after his or her 12th birthday, the department in a county having a
4population of 500,000 or more, a county department, or an agency contracted with
5under sub. (2) shall revoke the certification of the day child care provider
6immediately upon providing written notice of revocation and the grounds for
7revocation and an explanation of the process for appealing the revocation.
SB285,19,188 (b) If a day child care provider certified under sub. (1) is the subject of a pending
9criminal charge alleging that the person has committed a serious crime, as defined
10in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient
11resident, as defined in s. 48.685 (1) (bm), of the day child care provider is the subject
12of a pending criminal charge or delinquency petition alleging that the person has
13committed a serious crime on or after his or her 12th birthday, the department in a
14county having a population of 500,000 or more, a county department, or an agency
15contracted with under sub. (2) shall immediately suspend the certification of the day
16child care provider until the department, county department, or agency obtains
17information regarding the final disposition of the charge or delinquency petition
18indicating that the person is not ineligible to be certified under sub. (1).
Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in
this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285, s. 38 19Section 38. 48.685 (1) (c) 3m. of the statutes, as created by 2009 Wisconsin Act
2076
, is amended to read:
SB285,20,321 48.685 (1) (c) 3m. For purposes of licensing a person to operate a day child care
22center under s. 48.65, certifying a day child care provider under s. 48.651, or
23contracting with a person under s. 120.13 (14) to operate a day child care center, or

1of permitting a person to be a caregiver or nonclient resident of such a day child care
2center or day child care provider, any violation listed in subds. 1. to 3. or sub. (5) (br)
31. to 7.
Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in
this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285, s. 39 4Section 39. The treatment of 48.685 (2) (am) (intro.) of the statutes by 2009
5Wisconsin Act 76
is not repealed by 2009 Wisconsin Act 185. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 48.685 (2) (am) (intro.) reads:
(am) The department, a county department, an agency contracted with under s.
48.651 (2), a child welfare agency, or a school board shall obtain all of the following with
respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and
a person under 18 years of age, but not under 12 years of age, who is a caregiver of a child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13
(14) or of a child care provider that is certified under s. 48.651:
SB285, s. 40 6Section 40. 48.685 (2) (ar) of the statutes, as created by 2009 Wisconsin Act
776
, is amended to read:
SB285,20,168 48.685 (2) (ar) In addition to obtaining the information specified in par. (am)
9with respect to a person who has, or is seeking, a license to operate a day child care
10center under s. 48.65, certification as a day child care provider under s. 48.651, or a
11contract under s. 120.13 (14) to operate a day child care center, a nonclient resident
12of such an entity, or a person under 18 years of age, but not under 12 years of age,
13who is a caregiver of such an entity, the department, a county department, an agency
14contracted with under s. 48.651 (2), or a school board shall obtain information that
15is contained in the sex offender registry under s. 301.45 regarding whether the
16person has committed a sex offense that is a serious crime.
Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in
this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285, s. 41
1Section 41. 48.685 (2) (b) 2. of the statutes, as created by 2009 Wisconsin Act
276
, is amended to read:
SB285,21,93 48.685 (2) (b) 2. In addition to obtaining the information specified in subd. 1.
4with respect to a caregiver specified in sub. (1) (ag) 1. a. of a day child care center that
5is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of
6a day child care provider that is certified under s. 48.651, the day child care center
7or day child care provider shall obtain information that is contained in the sex
8offender registry under s. 301.45 regarding whether the person has committed a sex
9offense that is a serious crime.
Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in
this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285, s. 42 10Section 42. The treatment of 48.685 (2) (b) 4. of the statutes by 2009 Wisconsin
11Act 76
is not repealed by 2009 Wisconsin Act 185. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (2) (b) 4. reads:
4. Subdivisions 1. and 2. do not apply with respect to a nonclient resident or person
under 18 years of age, but not under 12 years of age, who is a caregiver of a child care
center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14)
or of a child care provider that is certified under s. 48.651 and with respect to whom the
department, a county department, an agency contracted with under s. 48.651 (2), or a
school board is required under par. (am) (intro.) to obtain the information specified in par.
(am) 1. to 5.
SB285, s. 43 12Section 43. 48.685 (3) (am) 1. of the statutes, as created by 2009 Wisconsin Act
1376
, is amended to read:
SB285,22,1114 48.685 (3) (am) 1. Every 3 months or at any time within that period that the
15department, a county department, an agency contracted with under s. 48.651 (2), or
16a school board considers appropriate, the department, county department,
17contracted agency, or school board shall request the information specified in sub. (2)
18(am) 1. to 5. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed

1under s. 48.65 to operate a day child care center, certified as a day child care provider
2under s. 48.651, or contracted under s. 120.13 (14) to operate a day child care center.
3Beginning on January 1, 2011, and annually after that, the department shall submit
4a report to the appropriate standing committees of the legislature under s. 13.172 (3)
5describing the information collected under this subdivision, specifically any
6information indicating that a caregiver specified in sub. (1) (ag) 1. b. is ineligible
7under sub. (4m) (a) to be licensed under s. 48.65 to operate a day child care center,
8certified under s. 48.651 as a child care provider, or contracted under s. 120.13 (14)
9to operate a day child care center, and describing any action taken in response to the
10receipt of information under this subdivision indicating that such a caregiver is so
11ineligible.
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