AB875-ASA2,1,9
1An Act to renumber and amend 48.371 (1), 48.371 (2), 48.371 (3), 938.371 (1),
2938.371 (2) and 938.371 (3);
to amend 48.371 (intro.), 252.15 (5) (a) 19. and
3938.371 (intro.); and
to create 48.371 (3) (b), 48.371 (3) (c), 48.371 (3) (d), 48.371
4(4), 146.82 (2) (a) 18., 938.371 (3) (b), 938.371 (3) (c), 938.371 (3) (d) and 938.371
5(4) of the statutes;
relating to: access by a child's substitute care provider to
6medical information concerning the child, the child's religious affiliation or
7belief and information relating to any involvement of the child in any sexual
8abuse, in any cult or group that promotes criminal activity or in any activities
9that are harmful to the child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB875-ASA2, s. 1
10Section
1. 48.371 (intro.) of the statutes is amended to read:
AB875-ASA2,2,5
1148.371 Access to certain information by substitute care provider. 12(intro.) At the time of placement of a child in a foster home,
treatment foster home, 13group home or child caring institution under s. 48.345 or 48.357, or, if the information
14specified in this section is not available at that time, within 30 days after the date
1of the placement, the agency that prepared the child's permanency plan shall provide
2the foster parent
, treatment foster parent or operator of the group home or child
3caring institution with any information contained in the court report submitted
4under s. 48.33 or permanency plan submitted under s. 48.38, relating to any of the
5following:
AB875-ASA2, s. 2
6Section
2. 48.371 (1) of the statutes is renumbered 48.371 (1) (a) and amended
7to read:
AB875-ASA2,2,158
48.371
(1) (a) Results of a test or a series of tests of the child to determine the
9presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of
10HIV, or an antibody to HIV, if the child's parent or a temporary or permanent
11guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4.
12b. and release of the test results under s. 252.15 (5) (a) 19. and the agency directed
13to prepare the permanency plan notifies the foster parent
, treatment foster parent 14or operator of the group home or child caring institution of the confidentiality
15requirements under s. 252.15 (6).
AB875-ASA2, s. 3
16Section
3. 48.371 (2) of the statutes is renumbered 48.371 (1) (b) and amended
17to read:
AB875-ASA2,2,2218
48.371
(1) (b)
Results Any other medical information concerning the child,
19including the results of any tests of the child to determine the presence of viral
20hepatitis, type B. The foster parent
, treatment foster parent or operator of a group
21home or child caring institution receiving information under this
subsection 22paragraph shall keep the information confidential.
AB875-ASA2, s. 4
23Section
4. 48.371 (3) of the statutes is renumbered 48.371 (3) (intro.) and
24amended to read:
AB875-ASA2,3,2
148.371
(3) (intro.) Findings or opinions of the court or agency that prepared the
2court report or permanency plan relating to any
mental, of the following:
AB875-ASA2,3,6
3(a) Any mental, emotional, cognitive, developmental or behavioral disability
4of the child. The foster parent
, treatment foster parent or operator of a group home
5or child caring institution receiving information under this
subsection paragraph 6shall keep the information confidential.
AB875-ASA2,3,118
48.371
(3) (b) Any involvement of the child in any cult or group that promotes
9or has as one of its goals criminal activity. The foster parent, treatment foster parent
10or operator of a group home or child caring institution receiving information under
11this paragraph shall keep the information confidential.
AB875-ASA2, s. 6
12Section
6. 48.371 (3) (c) of the statutes is created to read:
AB875-ASA2,3,1613
48.371
(3) (c) Any involvement of the child in any activities that are harmful
14to the child's physical, mental or moral well-being. The foster parent, treatment
15foster parent or operator of a group home or child caring institution receiving
16information under this paragraph shall keep the information confidential.
AB875-ASA2, s. 7
17Section
7. 48.371 (3) (d) of the statutes is created to read:
AB875-ASA2,3,2418
48.371
(3) (d) Any involvement of the child, whether as victim or perpetrator,
19in sexual intercourse or sexual contact in violation of s. 940.225, 948.02 or 948.025,
20prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s.
21948.05 or causing a child to view or listen to sexual activity in violation of s. 948.055.
22The foster parent, treatment foster parent or operator of a group home or child caring
23institution receiving information under this paragraph shall keep the information
24confidential.
AB875-ASA2,4,1
148.371
(4) The religious affiliation or belief of the child.
AB875-ASA2, s. 9
2Section
9. 146.82 (2) (a) 18. of the statutes is created to read:
AB875-ASA2,4,83
146.82
(2) (a) 18. To an agency directed by a court assigned to exercise
4jurisdiction under chs. 48 and 938 to prepare a court report under s. 48.33 (1) or
5938.33 (1) or a permanency plan under s. 48.38 or 938.38 regarding a child and, by
6that agency, to the child's foster parent, treatment foster parent or the operator of the
7group home or child caring institution in which the child is placed, as provided in s.
848.371 or 938.371.
AB875-ASA2,4,1711
252.15
(5) (a) 19. If the test was administered to a child for whom placement
12in a foster home,
treatment foster home, group home or child caring institution is
13recommended under s. 48.33 (4) or 938.33 (3) or (4), to an agency directed by a court
14to prepare a court report under s. 48.33 (1) or 938.33 (1) or a permanency plan under
15s. 48.38 or 938.38 regarding the child and, by that agency, to the child's foster parent
16, treatment foster parent or the operator of the group home or child caring institution
17in which the child is placed, as provided in s. 48.371 or 938.371.
AB875-ASA2,5,3
20938.371 Access to certain information by substitute care provider. 21(intro.) At the time of placement of a juvenile in a foster home,
treatment foster
22home, group home or child caring institution under s. 938.183 (2), 938.34, 938.345
23or 938.357, or, if the information specified in this section is not available at that time,
24within 30 days after the date of the placement, the agency that prepared the
25juvenile's permanency plan shall provide the foster parent
, treatment foster parent
1or operator of the group home or child caring institution with any information
2contained in the court report submitted under s. 938.33 or permanency plan
3submitted under s. 938.38, relating to any of the following:
AB875-ASA2,5,136
938.371
(1) (a) Results of a test or a series of tests of the juvenile to determine
7the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products
8of HIV, or an antibody to HIV, if the juvenile's parent or a temporary or permanent
9guardian appointed by the court has consented to the test under s. 252.15 (2) (a) 4.
10b. and release of the test results under s. 252.15 (5) (a) 19. and the agency directed
11to prepare the permanency plan notifies the foster parent
, treatment foster parent 12or operator of the group home or child caring institution of the confidentiality
13requirements under s. 252.15 (6).
AB875-ASA2,5,2016
938.371
(1) (b)
Results Any other medical information concerning the child,
17including the results of any tests of the juvenile to determine the presence of viral
18hepatitis, type B. The foster parent
, treatment foster parent or operator of a group
19home or child caring institution receiving information under this
subsection 20paragraph shall keep the information confidential.
AB875-ASA2,5,2423
938.371
(3) (intro.) Findings or opinions of the court or agency that prepared
24the court report or permanency plan relating to any
mental, of the following:
AB875-ASA2,6,4
1(a) Any mental, emotional, cognitive, developmental or behavioral disability
2of the juvenile. The foster parent
, treatment foster parent or operator of a group
3home or child caring institution receiving information under this
subsection 4paragraph shall keep the information confidential.
AB875-ASA2,6,96
938.371
(3) (b) Any involvement of the juvenile in any cult or group that
7promotes or has as one of its goals criminal activity. The foster parent, treatment
8foster parent or operator of a group home or child caring institution receiving
9information under this paragraph shall keep the information confidential.
AB875-ASA2,6,1411
938.371
(3) (c) Any involvement of the juvenile in any activities that are
12harmful to the juvenile's physical, mental or moral well-being. The foster parent,
13treatment foster parent or operator of a group home or child caring institution
14receiving information under this paragraph shall keep the information confidential.
AB875-ASA2,6,2216
938.371
(3) (d) Any involvement of the child, whether as victim or perpetrator,
17in sexual intercourse or sexual contact in violation of s. 940.225, 948.02 or 948.025,
18prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s.
19948.05 or causing a child to view or listen to sexual activity in violation of s. 948.055.
20The foster parent, treatment foster parent or operator of a group home or child caring
21institution receiving information under this paragraph shall keep the information
22confidential.
AB875-ASA2,6,2424
938.371
(4) The religious affiliation or belief of the child.
AB875-ASA2,7,3
1(1) This act first applies to a child who is placed in a foster home, treatment
2foster home, group home or child caring institution on the effective date of this
3subsection.
AB875-ASA2,7,6
5(1)
This act takes effect on July 1, 1996, or on the day after publication,
6whichever is later.