2019 - 2020 LEGISLATURE
February 28, 2019 - Introduced by Representatives Loudenbeck, Snyder,
Ballweg, Felzkowski, Fields, Horlacher, Knodl, Kolste, Mursau, Plumer,
Sinicki, Skowronski, Subeck, C. Taylor, Thiesfeldt, Tittl, Tusler,
Zimmerman and Schraa, cosponsored by Senators Darling, Johnson, Olsen
and Ringhand. Referred to Committee on Children and Families.
1An Act to create
48.9875 of the statutes; relating to: a minor contracting for
2admission to a shelter facility or transitional living program.
Analysis by the Legislative Reference Bureau
Under this bill, a minor is presumed to be competent to contract for admission
to a shelter facility or transitional living program if the minor is 17 years of age; a
local educational agency liaison designated under the federal McKinney–Vento
Homeless Assistance Act confirms that the minor is an unaccompanied youth as
defined under that act; and the minor is not under the supervision of a county
department of social or human services, a licensed child welfare agency, the
Department of Children and Families, or the Department of Corrections under the
Children's Code or the Juvenile Justice Code or under the jurisdiction of the court
assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice
Code. Under the bill, a shelter facility is a temporary place of lodging for homeless
individuals or families. Under the McKinney–Vento Homeless Assistance Act, an
unaccompanied youth is a homeless child or youth not in the physical custody of a
parent or guardian. The bill exempts this type of contract with a minor from the
defense of infancy, which under current law is a defense to liability under a contract
that is available to minors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
48.9875 of the statutes is created to read:
248.9875 Minor consent for housing. (1)
In this section, “shelter facility” 3
means a temporary place of lodging for homeless individuals or families.
A minor shall be presumed to be qualified and competent to contract for 5
admission to a shelter facility or transitional living program, if all of the following 6
(a) The minor is 17 years of age.
(b) The minor is not under the supervision of a county department, a child 9
welfare agency, the department, or the department of corrections under this chapter 10
or ch. 938 or under the jurisdiction of the court.
(c) A local educational agency liaison designated under 42 USC 11432
(g) (1) 12
(J) (ii) confirms that the minor is an unaccompanied youth as defined under 42 USC
The defense of infancy does not apply to any contract with a minor under 15