January 20, 2016 - Introduced by Representatives Neylon, Kleefisch,
Loudenbeck, Gannon, Jacque, Ballweg, Horlacher, Duchow, Kremer,
Johnson, Subeck, Ohnstad, Zepnick and Billings, cosponsored by Senator
Lassa. Referred to Committee on Children and Families.
AB745,1,8 1An Act to amend 48.47 (7g), 48.78 (2) (a) and 938.78 (2) (a); and to create 48.78
2(1) (title), 48.78 (2) (title), 48.78 (2m) and 938.78 (2m) of the statutes; relating
3to:
notification of a local law enforcement agency and the National Center for
4Missing and Exploited Children when a child over whom the Department of
5Children and Families, the Department of Corrections, a county department of
6human services or social services, or a licensed child welfare agency has
7placement, care, or supervision responsibility is missing and granting
8rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Children and Families, the Department
of Corrections, a county department of human services or social services, or a
licensed child welfare agency (collectively "agency") that determines that a child over
whom the agency has placement, care, or supervision responsibility is missing to
report that determination: 1) to a local law enforcement agency within eight hours
after making that determination; and 2) to the National Center for Missing and
Exploited Children within 24 hours after making that determination. The report
must be accompanied by a recent photograph of the missing child, if available. Such

reporting is required under the federal Preventing Sex Trafficking and
Strengthening Families Act of 2014 beginning on September 29, 2016.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB745,1 1Section 1. 48.47 (7g) of the statutes is amended to read:
AB745,3,32 48.47 (7g) Statewide automated child welfare information system. Establish
3a statewide automated child welfare information system. Notwithstanding ss.
446.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
551.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and
6(2), and 938.78 (2) (a), the department may enter the content of any record kept or
7information received by the department into the statewide automated child welfare
8information system, and a county department under s. 46.215, 46.22, or 46.23, the
9department, or any other organization that has entered into an information sharing
10and access agreement with the department or any of those county departments and
11that has been approved for access to the statewide automated child welfare
12information system by the department may have access to information that is
13maintained in that system, if necessary to enable the county department,
14department, or organization to perform its duties under this chapter, ch. 46, 51, 55,
15or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this
16chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also
17transfer information that is maintained in the system to a court under s. 48.396 (3)
18(bm), and the court and the director of state courts may allow access to that
19information as provided in s. 48.396 (3) (c) 2. In addition, the department, a county
20department under s. 46.215, 46.22, or 46.23 or any other organization that has
21entered into an information sharing and access agreement, and that has been

1approved for access to the system, under this subsection may transfer information
2about a missing child that is maintained in the system to the National Center for
3Missing and Exploited Children under s. 48.78 (2m) (c) or 938.78 (2m) (c).
AB745,2 4Section 2. 48.78 (1) (title) of the statutes is created to read:
AB745,3,55 48.78 (1) (title) Definition.
AB745,3 6Section 3. 48.78 (2) (title) of the statutes is created to read:
AB745,3,77 48.78 (2) (title) Confidentiality; exceptions.
AB745,4 8Section 4. 48.78 (2) (a) of the statutes is amended to read:
AB745,3,139 48.78 (2) (a) No agency may make available for inspection or disclose the
10contents of any record kept or information received about an individual who is or was
11in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
12(b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57
13(2m), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.
AB745,5 14Section 5. 48.78 (2m) of the statutes is created to read:
AB745,3,1815 48.78 (2m) Release of information when child is missing. (a) If an agency that
16has responsibility for the placement, care, or supervision of a child, as determined
17by the department under par. (d), determines that the child is missing, the agency
18shall do all of the following:
AB745,3,2119 1. Within 8 hours after making that determination, report that determination
20to a local law enforcement agency for entry of that information into the national
21crime information databases, as defined in 28 USC 534 (f) (3) (A).
AB745,3,2322 2. Within 24 hours after making that determination, report that determination
23to the National Center for Missing and Exploited Children.
AB745,4,3
13. Share information about a missing child reported under subds. 1. and 2. with
2law enforcement agencies, the National Center for Missing and Exploited Children,
3and other agencies that are involved in efforts to locate the missing child.
AB745,4,74 (b) An agency that has responsibility for the placement, care, or supervision of
5a child may photograph the child and maintain the photograph in the statewide
6automated child welfare information system. A report under par. (a) 1. or 2. shall be
7accompanied by a recent photograph of the missing child, if available.
AB745,4,108 (c) If permitted under s. 48.47 (7g), an agency may use the statewide automated
9child welfare information system to provide electronic information to the National
10Center for Missing and Exploited Children under par. (a) 2. or 3.
AB745,4,1311 (d) The department shall provide guidance to agencies as to the scope of the
12children to whom this subsection applies. Notwithstanding s. 227.10 (1), that
13guidance need not be promulgated as rules.
AB745,4,1514 (e) The department of children and families and the department of health
15services may promulgate rules to implement this subsection.
AB745,6 16Section 6. 938.78 (2) (a) of the statutes is amended to read:
AB745,4,2117 938.78 (2) (a) No agency may make available for inspection or disclose the
18contents of any record kept or information received about an individual who is or was
19in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
20(bm) or (c) 1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51,
21or 938.57 (2m) or by order of the court.
AB745,7 22Section 7. 938.78 (2m) of the statutes is created to read:
AB745,5,223 938.78 (2m) Release of information when juvenile is missing. (a) If an agency
24that has responsibility for the placement, care, or supervision of a juvenile, as

1determined by the department of children and families under par. (d), determines
2that the juvenile is missing, the agency shall do all of the following:
AB745,5,53 1. Within 8 hours after making that determination, report that determination
4to a local law enforcement agency for entry of that information into the national
5crime information databases, as defined in 28 USC 534 (f) (3) (A).
AB745,5,76 2. Within 24 hours after making that determination, report that determination
7to the National Center for Missing and Exploited Children.
AB745,5,118 3. Share information about a missing juvenile reported under subds. 1. and 2.
9with law enforcement agencies, the National Center for Missing and Exploited
10Children, and other agencies that are involved in efforts to locate the missing
11juvenile.
AB745,5,1512 (b) An agency that has responsibility for the placement, care, or supervision of
13a juvenile may photograph the juvenile and maintain the photograph in the
14statewide automated child welfare information system. A report under par. (a) 1. or
152. shall be accompanied by a recent photograph of the missing juvenile, if available.
AB745,5,1816 (c) If permitted under s. 48.47 (7g), an agency may use the statewide automated
17child welfare information system to provide electronic information to the National
18Center for Missing and Exploited Children under par. (a) 2. or 3.
AB745,5,2119 (d) The department of children and families shall provide guidance to agencies
20as to the scope of the juveniles to whom this subsection applies. Notwithstanding s.
21227.10 (1), that guidance need not be promulgated as rules.
AB745,5,2422 (e) The department of children and families, the department of corrections, and
23the department of health services may promulgate rules to implement this
24subsection.
AB745,8 25Section 8. Nonstatutory provisions.
AB745,6,15
1(1) Release of information when child is missing; emergency rules. Using the
2procedure under section 227.24 of the statutes, the department of children and
3families and the department of health services may promulgate the rules under
4sections 48.78 (2m) (e) of the statues, as created by this act, and the department of
5children and families, the department of corrections, and the department of health
6services may promulgate the rules under section 938.78 (2m) (e) of the statutes, as
7created by this act, for the period before the effective date of any permanent rules
8promulgated under sections 48.78 (2m) (e) and 938.78 (2m) (e) of the statutes, as
9created by this act, but not to exceed the period authorized under section 227.24 (1)
10(c) of the statutes, subject to extension under section 227.24 (2) of the statutes.
11Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, those
12departments are not required to provide evidence that promulgating a rule under
13this subsection as an emergency rule is necessary for the preservation of the public
14peace, health, safety, or welfare and are not required to provide a finding of
15emergency for a rule promulgated under this subsection.
AB745,9 16Section 9. Initial applicability.
AB745,6,1817 (1) Release of information when child is missing. This act first applies to a
18child who is determined to be missing on the effective date of this subsection.
AB745,10 19Section 10. Effective date.
AB745,6,2120 (1) Release of information when child is missing. This act takes effect on July
211, 2016.
AB745,6,2222 (End)
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