LRB-2803/1
GMM:kmg:hmh
1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by Representatives Stone, Brandemuehl, Olsen,
Huebsch, Ladwig, Gronemus, Spillner, Plale, Rhoades, Musser, Vrakas,
Porter, Seratti, Kelso, Sykora, J. Lehman, Ryba, Klusman
and Gunderson,
cosponsored by Senators Wirch, Huelsman, Roessler, Darling, Plache, A.
Lasee
and Burke. Referred to Committee on Family Law.
AB688,1,2 1An Act to create 48.78 (3) and 938.78 (4) of the statutes; relating to: the
2disclosure of records relating to a substitute care parent.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, the department of health and
family services, the department of corrections, a county department of human
services or social services or a licensed child welfare agency (collectively "agency")
may not make available for inspection or disclose the contents of any record kept or
information received about an individual in the care or legal custody of the agency
except by order of the court assigned to exercise jurisdiction under the children's code
and the juvenile justice code (juvenile court). Current law, however, is silent as to
the confidentiality of records kept and information received relating to a foster
parent, treatment foster parent or family-operated group home parent (substitute
care parent). This bill prohibits an agency from making available for inspection or
disclosing the contents of any record kept or information received relating to a
substitute care parent or a family member of a substitute care parent without first
receiving the written permission of the substitute care parent, except by order of the
juvenile court. The bill, however, does not apply to the confidential exchange of
information between an agency and another social welfare agency. The bill also does
not prohibit an agency from making available for inspection or disclosing the
contents of a record as permitted under the child abuse and neglect reporting law,
from disclosing to the child's parent, guardian or legal custodian the name and

address of the substitute care parent or from including the location of the child's
placement in the child's permanency plan.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB688, s. 1 1Section 1. 48.78 (3) of the statutes is created to read:
AB688,2,82 48.78 (3) (a) Except as provided under pars. (b) to (d) or by order of the court,
3no agency may make available for inspection or disclose the contents of any record
4kept or information received relating to a foster parent, treatment foster parent or
5family-operated group home, as defined in s. 48.627 (1), parent or a family member
6of a foster parent, treatment foster parent or family-operated group home parent
7without first receiving the written permission of the foster parent, treatment foster
8parent or family-operated group home parent.
AB688,2,129 (b) Paragraph (a) does not apply to the confidential exchange of information
10between an agency and another social welfare agency. A social welfare agency that
11obtains information under this paragraph shall keep the information confidential as
12required under this section and s. 938.78.
AB688,2,1413 (c) Paragraph (a) does not prohibit an agency from making available for
14inspection or disclosing the contents of a record under s. 48.981 (7).
AB688,2,1815 (d) Paragraph (a) does not prohibit an agency from disclosing the name and
16address of a foster parent, treatment foster parent or family-operated group home
17parent under s. 48.20 (8), 48.227 (2), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) or (2m) or
1848.38 (4) (c).
AB688, s. 2 19Section 2. 938.78 (4) of the statutes is created to read:
AB688,3,520 938.78 (4) (a) Except as provided under pars. (b) and (c) or by order of the court,
21no agency may make available for inspection or disclose the contents of any record

1kept or information received relating to a foster parent, treatment foster parent or
2family-operated group home, as defined in s. 48.627 (1), parent or a family member
3of a foster parent, treatment foster parent or family-operated group home parent
4without first receiving the written permission of the foster parent, treatment foster
5parent or family-operated group home parent.
AB688,3,96 (b) Paragraph (a) does not apply to the confidential exchange of information
7between an agency and another social welfare agency. A social welfare agency that
8obtains information under this paragraph shall keep the information confidential as
9required under this section and s. 48.78.
AB688,3,1510 (c) Paragraph (a) does not prohibit an agency from disclosing the name and
11address of a foster parent, treatment foster parent or family-operated group home
12parent under s. 938.20 (8), 938.33 (5), 938.355 (2) (b) 2., 938.357 (1), (2m) or (4) (a)
13or (c) 3. or 938.38 (4) (c) or from disclosing to the parent, guardian or legal custodian
14of a juvenile the location of an alternate placement of the juvenile under s. 938.538
15(3) (a) 1p.
AB688,3,1616 (End)
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