AB565-ASA1,1,6 1An Act to renumber 48.834 (1); to amend 48.355 (1), 48.357 (1) (am) 3., 48.357
2(2v) (b), 938.357 (1) (am) 3. and 938.357 (2v) (b); and to create 48.357 (1) (am)
34., 48.357 (2v) (a) 5., 48.833 (4), 48.834 (1) (b), 938.357 (1) (am) 4. and 938.357
4(2v) (a) 5. of the statutes; relating to: placement of a child in an out-of-home
5placement or with a relative under the Children's Code or the Juvenile Justice
6Code.
Analysis by the Legislative Reference Bureau
This bill requires the court assigned to exercise jurisdiction under the
Children's Code or Juvenile Justice Code (collectively, juvenile court) in a child in
need of protection or services (CHIPS) proceeding or a proceeding under the Juvenile
Justice Code to make certain findings when placing a child with a relative, and
requires that continuing a child's current placement be given a preference under
certain circumstances.
The bill requires the juvenile court overseeing a CHIPS proceeding or a
proceeding under the Juvenile Justice Code, when changing the placement of a child
or juvenile from a foster home or other placement outside the home to another
placement outside the home, to make a finding that the change in placement is in the

best interest of the child or juvenile. The bill also states that there is no presumption
that removing a child or juvenile from a foster home or other out-of-home placement
to place the child or juvenile with a relative other than a parent is in the best interest
of the child or juvenile.
The bill provides that, in the case of a child or juvenile who is not an Indian child
or juvenile and who has been placed in the home of a foster parent or other physical
custodian for nine months or more, if, after a termination of parental rights (TPR)
petition is filed, a hearing is held on a proposed change in placement of the child or
juvenile to another placement outside the home, the court must give preference to
the continued placement of the child or juvenile in his or her current placement over
changing the child's or juvenile's placement.
Under current law, whenever a dispositional order is entered in a CHIPS
proceeding, if there is no less drastic alternative for a child than transferring custody
from the parent, the juvenile court shall consider transferring custody to a relative
whenever possible. Under the bill, the juvenile court may transfer custody to a
relative only if it is in the best interest of the child.
Under current law, the Department of Children and Families, a county
department, or a child welfare agency (collectively, agency) that is the guardian of
a child after a parent's parental rights have been terminated may place the child for
adoption in a licensed foster home without a court order under certain
circumstances. Before doing so, current law requires the agency to consider the
availability of a placement for adoption with a relative of the child who is identified
in the child's permanency plan or who is otherwise known by the agency.
Notwithstanding this requirement, under the bill, in placing for adoption a child who
is not an Indian child and who has been placed in the home of a foster parent or other
physical custodian for nine months or more, the agency must give preference to
placement of the child for adoption in his or her current placement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB565-ASA1,1 1Section 1. 48.355 (1) of the statutes is amended to read:
AB565-ASA1,3,102 48.355 (1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
3on a placement and treatment finding based on evidence submitted to the judge. The
4disposition shall employ those means necessary to maintain and protect the
5well-being of the child or unborn child which are the least restrictive of the rights
6of the parent and child, of the rights of the parent and child expectant mother or of
7the rights of the adult expectant mother, and which assure the care, treatment or

1rehabilitation of the child and the family, of the child expectant mother, the unborn
2child and the family or of the adult expectant mother and the unborn child, consistent
3with the protection of the public. When appropriate, and, in cases of child abuse or
4neglect or unborn child abuse, when it is consistent with the best interest of the child
5or unborn child in terms of physical safety and physical health, the family unit shall
6be preserved and there shall be a policy of transferring custody of a child from the
7parent or of placing an expectant mother outside of her home only when there is no
8less drastic alternative. If there is no less drastic alternative for a child than
9transferring custody from the parent, the judge shall consider transferring custody
10to a relative whenever possible if it is in the best interest of the child.
AB565-ASA1,2 11Section 2. 48.357 (1) (am) 3. of the statutes is amended to read:
AB565-ASA1,3,2112 48.357 (1) (am) 3. If the court changes the child's placement from a placement
13outside the home to another placement outside the home, the change-in-placement
14order shall contain the applicable order under sub. (2v) (a) 1m., the applicable
15statement under sub. (2v) (a) 2., and the finding findings under sub. (2v) (a) 2m. and
165.
If the court changes the placement of an Indian child who has been removed from
17the home of his or her parent or Indian custodian from a placement outside that home
18to another placement outside that home, the change-in-placement order shall, in
19addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if
20applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028
21(7) (e), for departing from that order.
AB565-ASA1,3 22Section 3. 48.357 (1) (am) 4. of the statutes is created to read:
AB565-ASA1,4,423 48.357 (1) (am) 4. In the case of a child who is not an Indian child and who has
24been placed in the home of a foster parent or other physical custodian for 9 months
25or more, if, after a petition for termination of parental rights is filed, a hearing is held

1on a proposed change in placement of such a child to another placement outside the
2home, the court shall give preference to the continued placement of the child in his
3or her current placement over changing the child's placement to the proposed change
4in placement.
AB565-ASA1,4 5Section 4. 48.357 (2v) (a) 5. of the statutes is created to read:
AB565-ASA1,4,136 48.357 (2v) (a) 5. If the change in placement would move a child from a foster
7home or other out-of-home placement with a physical custodian described in s. 48.62
8(2) to another placement outside the child's home, a finding that removing the child
9from the foster home or other placement with a physical custodian is in the best
10interest of the child. In making a finding under this subdivision, there is no
11presumption that a change in placement from a foster home or other out-of-home
12placement with a physical custodian to a placement with a relative other than a
13parent is in the best interest of the child.
AB565-ASA1,5 14Section 5. 48.357 (2v) (b) of the statutes is amended to read:
AB565-ASA1,4,2315 48.357 (2v) (b) Documentation of basis of findings. The court shall make the
16findings specified in par. (a) 1. and, 3., and 5. on a case-by-case basis based on
17circumstances specific to the child and shall document or reference the specific
18information on which those findings are based in the change in placement order. A
19change in placement order that merely references par. (a) 1. or, 3., or 5. without
20documenting or referencing that specific information in the change in placement
21order or an amended change in placement order that retroactively corrects an earlier
22change in placement order that does not comply with this paragraph is not sufficient
23to comply with this paragraph.
AB565-ASA1,6 24Section 6. 48.833 (4) of the statutes is created to read:
AB565-ASA1,5,5
148.833 (4) Placement preference. In placing for adoption under sub. (1) or (2)
2a child who is not an Indian child and who has been placed in the home of a foster
3parent or other physical custodian for 9 months or more, the department, county
4department, or child welfare agency shall give preference to placement of the child
5with that foster parent or other physical custodian.
AB565-ASA1,7 6Section 7. 48.834 (1) of the statutes is renumbered 48.834 (1) (a).
AB565-ASA1,8 7Section 8. 48.834 (1) (b) of the statutes is created to read:
AB565-ASA1,5,128 48.834 (1) (b) Notwithstanding par. (a), with respect to a child who is not an
9Indian child and who has been placed in the home of a foster parent or other physical
10custodian for 9 months or more, the department, county department, or child welfare
11agency shall give preference to placement of the child under s. 48.833 with that foster
12parent or physical custodian.
AB565-ASA1,9 13Section 9. 938.357 (1) (am) 3. of the statutes is amended to read:
AB565-ASA1,5,2414 938.357 (1) (am) 3. If the court changes the juvenile's placement from a
15placement outside the home to another placement outside the home, the
16change-in-placement order shall contain the applicable order under sub. (2v) (a)
171m., the applicable statement under sub. (2v) (a) 2., and the finding findings under
18sub. (2v) (a) 2m. and 5. If the court changes the placement of an Indian juvenile who
19has been removed from the home of his or her parent or Indian custodian under s.
20938.13 (4), (6), (6m), or (7) from a placement outside that home to another placement
21outside that home, the change-in-placement order shall, in addition, comply with
22the order of placement preference under s. 938.028 (6) (a) or, if applicable, s. 938.028
23(6) (b), unless the court finds good cause, as described in s. 938.028 (6) (d), for
24departing from that order.
AB565-ASA1,10 25Section 10. 938.357 (1) (am) 4. of the statutes is created to read:
AB565-ASA1,6,7
1938.357 (1) (am) 4. In the case of a juvenile who is not an Indian juvenile and
2who has been placed in the home of a foster parent or other physical custodian for
39 months or more, if, after a petition for termination of parental rights is filed, a
4hearing is held on a proposed change in placement of such a juvenile to another
5placement outside the home, the court shall give preference to the continued
6placement of the juvenile in his or her current placement over changing the juvenile's
7placement to the proposed change in placement.
AB565-ASA1,11 8Section 11. 938.357 (2v) (a) 5. of the statutes is created to read:
AB565-ASA1,6,169 938.357 (2v) (a) 5. If the change in placement would move a juvenile from a
10foster home or other out-of-home placement with a physical custodian described in
11s. 48.62 (2) to another placement outside the juvenile's home, a finding that removing
12the juvenile from the foster home or other placement with a physical custodian is in
13the best interest of the juvenile. In making a finding under this subdivision, there
14is no presumption that a change in placement from a foster home or other
15out-of-home placement with a physical custodian to a placement with a relative
16other than a parent is in the best interest of the juvenile.
AB565-ASA1,12 17Section 12. 938.357 (2v) (b) of the statutes is amended to read:
AB565-ASA1,7,218 938.357 (2v) (b) Documentation of basis of findings. The court shall make the
19findings under par. (a) 1. and, 3., and 5. on a case-by-case basis based on
20circumstances specific to the juvenile and shall document or reference the specific
21information on which those findings are based in the change in placement order. A
22change in placement order that merely references par. (a) 1. or, 3., or 5. without
23documenting or referencing that specific information in the change in placement
24order or an amended change in placement order that retroactively corrects an earlier

1change in placement order that does not comply with this paragraph is not sufficient
2to comply with this paragraph.
AB565-ASA1,13 3Section 13. Initial applicability.
AB565-ASA1,7,74 (1) Change of placement proceedings. The treatment of ss. 48.355 (1), 48.357
5(1) (am) 3. and 4. and (2v) (a) 5. and (b), and 938.357 (1) (am) 3. and 4. and (2v) (a)
65. and (b) first applies to a change in placement that is requested on the effective date
7of this subsection.
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