LRB-4534/2
GMM:jlg:jf
1999 - 2000 LEGISLATURE
March 1, 2000 - Introduced by Senator Plache, cosponsored by Representative
Ward. Referred to Committee on Human Services and Aging.
SB418,1,2
1An Act to amend 48.833 of the statutes;
relating to: the placement of a child
2for adoption outside of the county where the child is located.
Analysis by the Legislative Reference Bureau
Under current law, the department of health and family services (DHFS), a
county department of human services or social services (county department) or a
child welfare agency may place a child for adoption in a licensed foster home without
a court order if DHFS, the county department or the child welfare agency is the
guardian of the child or makes the placement at the request of another agency that
is the guardian of the child. Current law requires DHFS, a county department or a
child welfare agency, before placing a child for adoption, to consider the availability
of a placement for adoption with a relative of the child. In addition, current federal
law prohibits a state that is receiving federal foster care and adoption assistance
moneys under Title IV-E of the federal Social Security Act from denying or delaying
the adoptive placement of a child when an approved family is available outside of the
jurisdiction that is responsible for handling the case of the child. This bill prohibits
DHFS, a county department or a child welfare agency from denying or delaying the
placement of a child for adoption when a family that has been approved as an
appropriate adoptive placement for the child is available outside of the county where
the child is located.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB418, s. 1
1Section
1. 48.833 of the statutes is amended to read:
SB418,2,21
248.833 Placement of children for adoption by the department, county
3departments and child welfare agencies. The department, a county department
4under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may
5place a child for adoption in a licensed foster home or a licensed treatment foster
6home without a court order if the department, county department under s. 48.57 (1)
7(e) or (hm) or the child welfare agency is the guardian of the child or makes the
8placement at the request of another agency which is the guardian of the child. Before
9placing a child for adoption under this section, the department, county department
10or child welfare agency making the placement shall consider the availability of a
11placement for adoption with a relative of the child who is identified in the child's
12permanency plan under s. 48.38 or 938.38 or who is otherwise known by the
13department, county department or child welfare agency.
The department, county
14department or child welfare agency may not deny or delay the placement of a child
15for adoption when a family that has been approved as an appropriate adoptive
16placement for the child is available outside of the county where the child is located. 17When a child is placed under this section in a licensed foster home or a licensed
18treatment foster home for adoption, the department, county department or child
19welfare agency making the placement shall enter into a written agreement with the
20adoptive parent, which shall state the date on which the child is placed in the licensed
21foster home or licensed treatment foster home for adoption by the adoptive parent.
SB418,3,32
(1) This act first applies to a child who is placed for adoption on the effective
3date of this subsection.
