LRB-3511/1
GMM:cjs:ph
2009 - 2010 LEGISLATURE
October 9, 2009 - Introduced by Representative Dexter, cosponsored by Senator
Jauch. Referred to Committee on Children and Families.
AB485,3,3 1An Act to repeal 48.982 (1) (c) and 48.983 (1) (g); to renumber 48.981 (1) (d) and
249.137 (1) (a); to renumber and amend 49.136 (1) (d), 49.136 (1) (e), 49.137
3(1) (b), 49.137 (1) (d), 101.123 (1) (ad) and 253.15 (4); to amend 13.48 (2) (j),
413.83 (4) (a) 4., 16.85 (1), 20.437 (2) (jn), 36.25 (26), 48.195 (2) (a), 48.195 (2) (b),
548.195 (2) (c), 48.32 (1) (b) 1. c., 48.33 (4) (c), 48.335 (3g) (c), 48.345 (2m), 48.355
6(2) (b) 6., 48.355 (2c) (a) 3. c., 48.356 (1), 48.365 (2g) (b) 2., 48.365 (2m) (a) 1.,
748.38 (5) (c) 7., 48.47 (7) (cm), 48.48 (10), subchapter XV (title) of chapter 48
8[precedes 48.65], 48.65 (title), 48.65 (1), 48.65 (3) (a), 48.65 (3) (b), 48.651 (title),
948.651 (1) (intro.), 48.651 (1) (a), 48.651 (1) (b), 48.651 (2), 48.653, 48.655,
1048.656, 48.657 (title), 48.657 (1) (intro.), 48.657 (1) (a), 48.657 (1) (b), 48.657 (1)
11(c), 48.657 (2), 48.657 (2g), 48.657 (2m), 48.657 (2r), 48.657 (3), 48.658 (1) (a),
12subchapter XVI (title) of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (2),
1348.66 (2m) (a) 1., 48.66 (2m) (b), 48.66 (5), 48.67 (intro.), 48.67 (1), 48.67 (2),
1448.67 (3) (a), 48.685 (1) (b), 48.685 (2) (am) (intro.), 48.685 (2) (b) 4., 48.685 (3)

1(a), 48.685 (3) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (a) 1., 48.685 (4m) (ad),
248.685 (4m) (b) 1., 48.685 (5m), 48.685 (6) (a), 48.685 (6) (b) 1., 48.69, 48.715 (1),
348.715 (2) (a), 48.715 (4) (c), 48.715 (6), 48.715 (7), 48.73, 48.735, 48.737, 48.78
4(1), 48.78 (2) (a), 48.981 (2) (a) 18., 48.981 (2) (a) 19., 49.136 (1) (j), 49.136 (1)
5(k), 49.136 (2) (b), 49.137 (1) (e), 49.155 (1) (am), 49.155 (1) (b), 49.155 (1d) (a),
649.155 (1d) (b), 49.155 (1g) (bc), 49.155 (4), 49.155 (6) (b), 49.155 (6) (c), 49.155
7(6) (cm), 49.826 (2) (a) 1., 66.1017 (title), 66.1017 (1) (a), 66.1017 (2), 71.07 (2dd)
8(a) 1., 71.28 (1dd) (a) 1., 71.47 (1dd) (a) 1., 73.0301 (1) (d) 2., 77.54 (20n) (b),
9101.123 (2) (a) 1r., 101.123 (2) (d) 2., 111.02 (6) (am), 115.812 (1), 115.817 (8),
10118.51 (2), 120.125 (title), 120.125 (1), 120.125 (2) (a) (intro.), 120.125 (2) (a) 3.,
11120.125 (2) (a) 4., 120.125 (2) (b), 120.125 (2) (c), 120.125 (3) (a) (intro.), 120.125
12(3) (a) 1., 120.125 (3) (a) 2., 120.125 (3) (a) 3., 120.125 (3) (b), 120.125 (4) (intro.),
13120.125 (4) (a), 120.125 (4) (b), 120.125 (4) (c), 120.125 (4) (d), 120.125 (4) (e),
14120.125 (4) (f), 120.125 (4) (g), 120.125 (4) (h), 120.13 (14), 120.13 (36), 121.54
15(2) (am), 121.545 (2), 234.83 (3) (a) 2., 252.04 (2), 252.04 (3), 252.04 (4), 252.04
16(5) (a), 252.04 (5) (b) 1., 252.04 (5) (b) 2., 252.04 (5) (b) 3., 252.04 (6), 252.21 (1),
17253.15 (2), 253.15 (4) (title), 253.15 (7) (c), 254.162 (1) (c), 254.168 (4), 254.168
18(5), 285.63 (10) (d) 5., 301.46 (4) (a) 2., 562.06 (3), 767.511 (1m) (e), 938.32 (1)
19(c) 1. c., 938.33 (4) (c), 938.335 (3g) (c), 938.34 (2) (b), 938.355 (2) (b) 6., 938.355
20(2c) (a) 3. c., 938.356 (1), 938.365 (2g) (b) 2., 938.365 (2m) (a) 1., 938.38 (5) (c)
217. and 948.53 (1) (a); and to repeal and recreate 48.66 (1) (a), 48.67 (intro.),
2248.685 (1) (b), 48.685 (4m) (a) (intro.), 48.685 (4m) (ad), 48.685 (5m), 48.685 (6)
23(a) and 48.73 of the statutes; relating to: required judicial findings and orders
24when a child is placed outside the home, termination of parental rights
25warnings, mandatory child abuse or neglect reporters, the confidentiality of

1social services records, changing from day care to child care the term used to
2describe care and supervision for children for less than 24 hours a day, and
3renumbering the definition of neglect.
Analysis by the Legislative Reference Bureau
Introduction
This bill makes various changes to the Children's Code and the Juvenile Justice
Code, including changes relating to required judicial findings and orders when a
child is placed outside the home, termination of parental rights (TPR) warnings,
mandatory child abuse or neglect reporters, the confidentiality of social services
records, changing from "day care" to "child care" the term used to describe care and
supervision for children for less than 24 hours a day, and renumbering from the
section of the Children's Code relating to child abuse and neglect reporting to the
definitions section of that code the definition of "neglect."
Required judicial findings and orders when child placed outside the home
Under current law, a court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) is required to include
in a dispositional order placing a child outside the home, in an extension of a
dispositional order continuing the placement of a child outside the home, and in a
consent decree maintaining a child in a placement outside the home findings that
continued placement of the child in the home would be contrary to the welfare of the
child, that reasonable efforts have been made to prevent the removal of the child from
the home, and that reasonable efforts have been made to achieve the goal of the
child's permanency plan, which is a plan designed to ensure that the child is
reunified with his or her family whenever appropriate or that the child quickly
attains a placement providing long-term stability.
The juvenile court, however, is not required to make a finding that reasonable
efforts have been made to achieve the goal of the child's permanency plan if return
of the child to the home is the goal of the permanency plan and the juvenile court has
found that a parent has committed certain crimes of homicide against a child of the
parent; has committed battery, sexual assault, or physical or sexual abuse resulting
in great bodily harm or substantial bodily harm to a child of the parent; has had his
or her parental rights terminated with respect to another child; or has subjected the
child to aggravated circumstances, which are defined as including criminal
abandonment, torture, chronic abuse, and sexual abuse. This bill eliminates that
exception to the requirement that the juvenile court make a finding that reasonable
efforts have been made to achieve the goal of the child's permanency plan.
TPR warnings
Under current law, when the juvenile court orders a child to be placed outside
the home because the child has been adjudged to be in need of protection or services
under a dispositional order, a change-in-placement order, a revision of a
dispositional order, or an extension of a dispositional order, the juvenile court is

required to inform orally the parent or parents who appear in juvenile court of any
grounds for TPR that may be applicable and of the conditions necessary for the child
to be returned to the home. This bill requires a TPR warning to be given also when
the juvenile court orders a child to be placed outside the home because the child has
been adjudged delinquent and when the juvenile court holds a hearing to review a
child's permanency plan.
Mandatory child abuse or neglect reporters
Current law requires certain persons who have reasonable cause to suspect
that a child seen in the course of professional duties has been abused or neglected
to report that suspected abuse or neglect to the sheriff or police department or to the
county department or, in Milwaukee County, the Department of Children and
Families (DCF) or a child welfare agency under contract with DCF (mandatory
reporter). Currently, a child care worker in a group home that is authorized solely
to provide a safe and structured living arrangement for children 12 years of age or
over who are custodial parents or expectant mothers is a mandatory reporter. This
bill makes a child care worker in any group home a mandatory reporter.
Confidentiality of social services records
Under the current Juvenile Justice Code, the Department of Corrections
(DOC), a county department, or a child welfare agency, subject to certain exceptions,
is required to maintain the confidentiality of records kept or information received
about an individual who is or was in its care or legal custody. Under the current
Children's Code, DCF, a county department, a child welfare agency, or a day care
center (collectively "agency"), subject to certain exceptions, is required to maintain
the confidentiality of records kept or information received about an individual who
is currently in its care or legal custody. This bill conforms the Children's Code to the
Juvenile Justice Code by requiring an agency to maintain the confidentiality of
records kept or information received about an individual who is or was in its care or
legal custody.
Child care
Current law requires a person who for compensation provides care and
supervision for four or more children under the age of seven for less than 24 hours
a day to obtain a license from DCF to operate a day care center. Current law also
permits a school board to provide or contract for the provision of day care programs
for children. In addition, current law requires a person who is not licensed to operate
a day care center or who is not under contract with a school board to provide a day
care program to be certified as a day care provider by a county department of human
services or social services to receive reimbursement under the Wisconsin Works
program for child care services provided by the person. Current law also includes
numerous other references to facilities and services involved in the care of children
for less than 24 hours a day that include the term "day care." This bill changes the
term used to describe care and supervision for children for less than 24 hours a day
from "day care" to "child care."

Neglect
Under current law, "neglect" is defined in the section of the Children's Code
relating to child abuse and neglect reporting as failure, refusal, or inability on the
part of a parent, guardian, legal custodian, or other person exercising temporary or
permanent control over a child, for reasons other than poverty, to provide necessary
care, food, clothing, medical or dental care, or shelter so as to seriously endanger the
physical health of the child. This bill moves that definition to the definitions section
of the Children's Code, thereby making it applicable throughout that code.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB485, s. 1 1Section 1 . 13.48 (2) (j) of the statutes is amended to read:
AB485,5,102 13.48 (2) (j) No later than the first day of the 7th month after the effective date
3of each biennial budget act, the director of the office of state employment relations
4shall report to the building commission, in writing, regarding the desirability of
5including plans for day child care facility space in the plans for any construction or
6major remodeling project, enumerated in the state building program in the biennial
7budget act, for any state office building. Based upon the report of the director of the
8office of state employment relations, the building commission may direct that plans
9for day child care facility space be included in the plans for that construction or major
10remodeling project.
AB485, s. 2 11Section 2. 13.83 (4) (a) 4. of the statutes is amended to read:
AB485,5,1412 13.83 (4) (a) 4. Ways in which the results from the scientific study of attachment
13and brain development can be incorporated into public schools, day child care
14centers, and homes.
AB485, s. 3 15Section 3. 16.85 (1) of the statutes is amended to read:
AB485,6,1216 16.85 (1) To take charge of and supervise all engineering or architectural
17services or construction work, as defined in s. 16.87 , performed by, or for, the state,
18or any department, board, institution, commission, or officer thereof of the state,

1including nonprofit-sharing corporations organized for the purpose of assisting the
2state in the construction and acquisition of new buildings or improvements and
3additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11,
4except the engineering, architectural, and construction work of the department of
5transportation, and the engineering service performed by the department of
6commerce, department of revenue, public service commission, department of health
7services, and other departments, boards, and commissions when the service is not
8related to the maintenance, and construction and planning, of the physical
9properties of the state. The department shall may not authorize construction work
10for any state office facility in the city of Madison after May 11, 1990, unless the
11department first provides suitable space for a day child care center primarily for use
12by children of state employees.
AB485, s. 4 13Section 4. 20.437 (2) (jn) of the statutes, as created by 2009 Wisconsin Act 28,
14is amended to read:
AB485,6,1915 20.437 (2) (jn) Child care licensing and certification activities. All moneys
16received from licensing activities under s. 48.65, from certifying activities under s.
1748.651, and from fees under ss. 48.65 (3) and 48.651 (2) for the costs of licensing day
18child care centers under s. 48.65 and of certifying day child care providers under s.
1948.651.
AB485, s. 5 20Section 5 . 36.25 (26) of the statutes is amended to read:
AB485,6,2321 36.25 (26) Day Child care centers. A college campus may establish a day child
22care center and may use funds received from the appropriation under s. 20.285 (1)
23(a) to operate it.
AB485, s. 6 24Section 6 . 48.195 (2) (a) of the statutes is amended to read:
AB485,7,10
148.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
2custody of a child under sub. (1) and any person who assists the parent in that
3relinquishment have the right to remain anonymous. The exercise of that right shall
4not affect the manner in which a law enforcement officer, emergency medical
5technician, or hospital staff member performs his or her duties under this section.
6No person may induce or coerce or attempt to induce or coerce a parent or person
7assisting a parent who wishes to remain anonymous into revealing his or her
8identity, unless the person has reasonable cause to suspect that the child has been
9the victim of abuse or neglect, as defined in s. 48.981 (1) (d), or that the person
10assisting the parent is coercing the parent into relinquishing custody of the child.
AB485, s. 7 11Section 7. 48.195 (2) (b) of the statutes is amended to read:
AB485,7,1912 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and
13any person who assists the parent in that relinquishment may leave the presence of
14the law enforcement officer, emergency medical technician, or hospital staff member
15who took custody of the child at any time, and no person may follow or pursue the
16parent or person assisting the parent, unless the person has reasonable cause to
17suspect that the child has been the victim of abuse or neglect, as defined in s. 48.981
18(1) (d),
or that the person assisting the parent has coerced the parent into
19relinquishing custody of the child.
AB485, s. 8 20Section 8 . 48.195 (2) (c) of the statutes is amended to read:
AB485,8,221 48.195 (2) (c) No officer, employee, or agent of this state or of a political
22subdivision of this state may attempt to locate or ascertain the identity of a parent
23who relinquishes custody of a child under sub. (1) or any person who assists the
24parent in that relinquishment, unless the officer, employee, or agent has reasonable
25cause to suspect that the child has been the victim of abuse or neglect , as defined in

1s. 48.981 (1) (d),
or that the person assisting the parent has coerced the parent into
2relinquishing custody of the child.
AB485, s. 9 3Section 9 . 48.32 (1) (b) 1. c. of the statutes is amended to read:
AB485,8,84 48.32 (1) (b) 1. c. A finding as to whether the county department, department,
5or agency has made reasonable efforts to achieve the goal of the child's permanency
6plan, unless return of the child to the home is the goal of the permanency plan and
7the judge or circuit court commissioner finds that any of the circumstances specified
8in s. 48.355 (2d) (b) 1. to 5. applies
.
AB485, s. 10 9Section 10. 48.33 (4) (c) of the statutes is amended to read:
AB485,8,2010 48.33 (4) (c) Specific information showing that continued placement of the child
11in his or her home would be contrary to the welfare of the child, specific information
12showing that the county department, the department, in a county having a
13population of 500,000 or more, or the agency primarily responsible for providing
14services to the child has made reasonable efforts to prevent the removal of the child
15from the home, while assuring that the child's health and safety are the paramount
16concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
17applies, and specific information showing that the county department, department,
18or agency has made reasonable efforts to achieve the goal of the child's permanency
19plan, unless return of the child to the home is the goal of the permanency plan and
20any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
AB485, s. 11 21Section 11 . 48.335 (3g) (c) of the statutes is amended to read:
AB485,8,2522 48.335 (3g) (c) That the county department, department, or agency has made
23reasonable efforts to achieve the goal of the child's permanency plan , unless return
24of the child to the home is the goal of the permanency plan and any of the
25circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies
.
AB485, s. 12
1Section 12 . 48.345 (2m) of the statutes is amended to read:
AB485,9,72 48.345 (2m) Place the child in the child's home under the supervision of an
3agency or the department, if the department approves, and order the agency or
4department to provide specified services to the child and the child's family, which
5may include but are not limited to individual, family , or, group counseling,
6homemaker or parent aide services, respite care, housing assistance, day child care,
7parent skills training, or prenatal development training or education.
AB485, s. 13 8Section 13 . 48.355 (2) (b) 6. of the statutes is amended to read:
AB485,9,249 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
10placement of the child in his or her home would be contrary to the welfare of the child,
11a finding as to whether the county department, the department, in a county having
12a population of 500,000 or more, or the agency primarily responsible for providing
13services under a court order has made reasonable efforts to prevent the removal of
14the child from the home, while assuring that the child's health and safety are the
15paramount concerns, unless the court finds that any of the circumstances specified
16in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department,
17department, or agency has made reasonable efforts to achieve the goal of the child's
18permanency plan, unless return of the child to the home is the goal of the permanency
19plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to
205. applies
. The court shall make the findings specified in this subdivision on a
21case-by-case basis based on circumstances specific to the child and shall document
22or reference the specific information on which those findings are based in the court
23order. A court order that merely references this subdivision without documenting
24or referencing that specific information in the court order or an amended court order

1that retroactively corrects an earlier court order that does not comply with this
2subdivision is not sufficient to comply with this subdivision.
AB485, s. 14 3Section 14 . 48.355 (2c) (a) 3. c. of the statutes is amended to read:
AB485,10,64 48.355 (2c) (a) 3. c. Community support services, such as day child care, parent
5skills training, housing assistance, employment training, and emergency mental
6health services.
AB485, s. 15 7Section 15. 48.356 (1) of the statutes is amended to read:
AB485,10,178 48.356 (1) Whenever the court orders a child to be placed outside his or her
9home, orders an expectant mother of an unborn child to be placed outside of her
10home, or denies a parent visitation because the child or unborn child has been
11adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357,
1248.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38
13(5m)
, the court shall orally inform the parent or parents who appear in court or the
14expectant mother who appears in court of any grounds for termination of parental
15rights under s. 48.415 which may be applicable and of the conditions necessary for
16the child or expectant mother to be returned to the home or for the parent to be
17granted visitation.
AB485, s. 16 18Section 16 . 48.365 (2g) (b) 2. of the statutes is amended to read:
AB485,10,2519 48.365 (2g) (b) 2. An evaluation of the child's adjustment to the placement and
20of any progress the child has made, suggestions for amendment of the permanency
21plan, and specific information showing the efforts that have been made to achieve the
22goal of the permanency plan, including, if applicable, the efforts of the parents to
23remedy the factors that contributed to the child's placement, unless return of the
24child to the home is the goal of the permanency plan and any of the circumstances
25specified in s. 48.355 (2d) (b) 1. to 5. applies
.
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