AB674,1,6 1An Act to renumber 48.58 (1); to renumber and amend 48.63 (1); to amend
248.028 (5) (a), 48.38 (2) (d), 48.38 (4) (d) 1., 48.57 (3n) (am) 6. c., 48.615 (1) (b),
348.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.979 (1) (c), 48.979 (2), 253.10 (3)
4(c) 2. c., 938.22 (2) (c) and 938.38 (2) (d); and to create 48.58 (5) and 48.63 (1)
5(b) of the statutes; relating to: placement of a child in a shelter care facility
6under a voluntary agreement.
Analysis by the Legislative Reference Bureau
Under current law, a child who has been taken into custody under the
Children's Code or the Juvenile Justice Code, who has been ordered by the court
assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice
Code to be held in temporary physical custody, or who is in need of a transitional
placement when emergency conditions necessitate an immediate change in
placement may be held in a shelter care facility, which is a nonsecure place of
temporary care and physical custody for children licensed by the Department of
Children and Families (DCF).
This bill permits a child to be placed in a shelter care facility under a voluntary
agreement for not more than 20 days. Specifically, under the bill, a child's parent,
guardian, or Indian custodian, DCF, the Department of Corrections (DOC), a county
department of human services or social services (county department), or a child
welfare agency licensed to place children in shelter care facilities, may place the child

or negotiate or act as intermediary for the placement of the child in a shelter care
facility that DCF has approved for use for such voluntary placements. A shelter care
facility placement under a voluntary agreement may not exceed 20 days from the
date on which the child was placed in the shelter care facility under the voluntary
agreement and may not be extended.
Under the bill, a person licensed to operate a shelter care facility may request
DCF to permit the shelter care facility to be used for voluntary placements and DCF
must review the request based on the needs of children in the area served by the
shelter care facility and the services provided by the shelter care facility. If DCF
determines that those services would meet those needs, DCF may approve the
request.
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:
AB674,1 1Section 1. 48.028 (5) (a) of the statutes is amended to read:
AB674,3,32 48.028 (5) (a) Out-of-home care placement. A voluntary consent by a parent
3or Indian custodian to an out-of-home care placement of an Indian child under s.
448.63 (1) (a) or (b) or (5) (b) or a delegation of powers by a parent regarding the care
5and custody of an Indian child under s. 48.979 is not valid unless the consent or
6delegation is executed in writing, recorded before a judge, and accompanied by a
7written certification by the judge that the terms and consequences of the consent or
8delegation were fully explained in detail to and were fully understood by the parent
9or Indian custodian. The judge shall also certify that the parent or Indian custodian
10fully understood the explanation in English or that the explanation was interpreted
11into a language that the parent or Indian custodian understood. Any consent or
12delegation of powers given under this paragraph prior to or within 10 days after the
13birth of the Indian child is not valid. A parent or Indian custodian who has executed
14a consent or delegation of powers under this paragraph may withdraw the consent
15or delegation for any reason at any time, and the Indian child shall be returned to

1the parent or Indian custodian. A parent or Indian custodian who has executed a
2consent or delegation of powers under this paragraph may also move to invalidate
3the out-of-home care placement or delegation of powers under sub. (6).
AB674,2 4Section 2. 48.38 (2) (d) of the statutes is amended to read:
AB674,3,65 48.38 (2) (d) The child was placed under a voluntary agreement between the
6agency and the child's parent under s. 48.63 (1) (a) or (5) (b).
AB674,3 7Section 3. 48.38 (4) (d) 1. of the statutes is amended to read:
AB674,3,98 48.38 (4) (d) 1. That the placement is made pursuant to a voluntary agreement
9under s. 48.63 (1) (a).
AB674,4 10Section 4. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
AB674,3,1311 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
12kinship care relative's home under a court order or under a voluntary agreement
13under s. 48.63 (1) (a) or (b) or (5) (b).
AB674,5 14Section 5. 48.58 (1) of the statutes is renumbered 48.58.
AB674,6 15Section 6. 48.58 (5) of the statutes is created to read:
AB674,3,1716 48.58 (5) Provide temporary shelter care for children placed in the county
17children's home under a voluntary agreement under s. 48.63 (1) (b).
AB674,7 18Section 7. 48.615 (1) (b) of the statutes is amended to read:
AB674,3,2319 48.615 (1) (b) Except as provided in par. (e), before the department may issue
20a license under s. 48.60 (1) to a child welfare agency that places children in licensed
21foster homes, licensed group homes, shelter care facilities approved under s. 938.22
22(2) (c),
and in the homes of guardians under s. 48.977 (2), the child welfare agency
23must pay to the department a biennial fee of $254.10.
AB674,8 24Section 8. 48.63 (1) of the statutes is renumbered 48.63 (1) (a) and amended
25to read:
AB674,4,13
148.63 (1) (a) Acting under court order or voluntary agreement, the child's
2parent, guardian, or Indian custodian, or the department, the department of
3corrections, a county department under s. 46.215, 46.22, or 46.23, or a child welfare
4agency licensed to place children in foster homes or group homes may place a child
5or negotiate or act as intermediary for the placement of a child in a foster home or
6group home. Voluntary agreements under this subsection paragraph may not be
7used for placements in facilities other than foster homes or group homes and may not
8be extended. A foster home placement under a voluntary agreement may not exceed
9180 days from the date on which the child was removed from the home under the
10voluntary agreement. A group home placement under a voluntary agreement may
11not exceed 15 days from the date on which the child was removed from the home
12under the voluntary agreement, except as provided in sub. (5). These periods do not
13apply to placements made under s. 48.345, 938.183, 938.34, or 938.345.
AB674,4,22 14(c) Voluntary agreements may be made only under this subsection and par. (a)
15or (b) or
sub. (5) (b) and, shall be in writing, and shall specifically state that the
16agreement may be terminated at any time by the parent, guardian, or Indian
17custodian or by the child if the child's consent to the agreement is required. In the
18case of an Indian child who is placed under this subsection and par. (a) or (b) by the
19voluntary agreement of the Indian child's parent or Indian custodian, the voluntary
20consent of the parent or Indian custodian to the placement shall be given as provided
21in s. 48.028 (5) (a). The child's consent to the an agreement under par. (a) or (b) is
22required whenever the child is 12 years of age or older.
AB674,5,3 23(d) If a county department, the department, or the department of corrections
24places a child or negotiates or acts as intermediary for the placement of a child under
25this subsection and par. (a) or (b), the voluntary agreement shall also specifically

1state that the county department, department, or department of corrections has
2placement and care responsibility for the child as required under 42 USC 672 (a) (2)
3and has primary responsibility for providing services to the child.
AB674,9 4Section 9. 48.63 (1) (b) of the statutes is created to read:
AB674,5,155 48.63 (1) (b) Acting under a voluntary agreement, a child's parent, guardian,
6or Indian custodian, the department, the department of corrections, a county
7department under s. 46.215, 46.22, or 46.23, or a child welfare agency licensed to
8place children in shelter care facilities, may place the child or negotiate or act as
9intermediary for the placement of the child in a shelter care facility that the
10department has approved under s. 938.22 (2) (c) for use for placements under this
11paragraph. A voluntary agreement under this paragraph may not be used for
12placement in a facility other than an approved shelter care facility. A shelter care
13facility placement under a voluntary agreement may not exceed 20 days from the
14date on which the child was placed in the shelter care facility under the voluntary
15agreement and may not be extended.
AB674,10 16Section 10. 48.64 (1) of the statutes is amended to read:
AB674,5,2117 48.64 (1) Definition. In this section, "agency" means the department, the
18department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
19a licensed child welfare agency authorized to place children in foster homes or, group
20homes, or shelter care facilities approved under s. 938.22 (2) (c) or in the homes of
21relatives other than a parent.
AB674,11 22Section 11. 48.64 (1m) of the statutes is amended to read:
AB674,6,1823 48.64 (1m) Out-of-home care agreements. If an agency places a child in a
24foster home or group home or in the home of a relative other than a parent under a
25court order or places a child in a foster home or, group home, or shelter care facility

1approved under s. 938.22 (2) (c)
under a voluntary agreement under s. 48.63, the
2agency shall enter into a written agreement with the head of the home or facility.
3The agreement shall provide that the agency shall have access at all times to the
4child and the home or facility, and that the child will be released to the agency
5whenever, in the opinion of the agency placing the child or the department, the best
6interests of the child require release to the agency. If a child has been in a foster home
7or group home or in the home of a relative other than a parent for 6 months or more,
8the agency shall give the head of the home written notice of intent to remove the
9child, stating the reasons for the removal. The child may not be removed from a foster
10home, group home, or home of a relative other than a parent
before completion of the
11hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
12whichever is later, unless the safety of the child requires it or, in a case in which the
13reason for removal is to place the child for adoption under s. 48.833, unless all of the
14persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
15waivers of objection to the proposed removal. If the safety of the child requires earlier
16removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
17the head of the home shall have no claim against the placing agency for the expense
18of care, clothing, or medical treatment.
AB674,12 19Section 12. 48.64 (1r) of the statutes is amended to read:
AB674,7,220 48.64 (1r) Notification of school district. When an agency places a
21school-age child in a foster home or, group home, or shelter care facility approved
22under s. 938.22 (2) (c)
or in the home of a relative other than a parent, the agency shall
23notify the clerk of the school district in which the foster home, group home, shelter
24care facility,
or home of the relative is located that a school-age child has been placed

1in a foster home, group home, shelter care facility, or home of a relative in the school
2district.
AB674,13 3Section 13. 48.64 (2) of the statutes is amended to read:
AB674,7,84 48.64 (2) Supervision of out-of-home care placements. Every child who is
5placed in a foster home or, group home , or shelter care facility approved under s.
6938.22 (2) (c)
shall be under the supervision of an agency. Every child who is placed
7in the home of a relative other than a parent under a court order shall be under the
8supervision of an agency.
AB674,14 9Section 14. 48.979 (1) (c) of the statutes is amended to read:
AB674,7,1310 48.979 (1) (c) A parent who has legal custody of a child may not place the child
11in a foster home, group home, shelter care facility, or inpatient treatment facility by
12means of a delegation of powers under par. (a). Those placements may be made only
13by means of a court order or as provided in s. 48.63 or 51.13.
AB674,15 14Section 15. 48.979 (2) of the statutes is amended to read:
AB674,7,1615 48.979 (2) A power of attorney complies with sub. (1) (a) if the power of attorney
16substantially conforms to the following form:
AB674,7,17 17power of attorney
AB674,7,18 18delegating parental power
AB674,7,19 19Authorized by s. 48.979, Wis. Stats.
AB674,7,2020 NAME(S) OF CHILD(REN)
AB674,7,2221 This power of attorney is for the purpose of providing for the care and custody
22of:
AB674,7,2323 Name, address, and date of birth of child ....
AB674,7,2424 Name, address, and date of birth of child ....
AB674,7,2525 Name, address, and date of birth of child ....
AB674,8,1
1DELEGATION OF POWER TO AGENT
AB674,8,62 I, .... (name and address of parent), state that I have legal custody of the
3child(ren) named above. (Only a parent who has legal custody may use this form.)
4A parent may not use this form to delegate parental powers regarding a child who is
5subject to the jurisdiction of the juvenile court under
s. 48.13, 48.14, 938.12, 938.13,
6or 938.14, Wis. Stats.
AB674,8,77 I delegate my parental power to:
AB674,8,88 Name of agent ....
AB674,8,99 Agent's address ....
AB674,8,1010 Agent's telephone number(s) ....
AB674,8,1111 Agent's e-mail address ....
AB674,8,1212 Relationship of agent to child(ren) ....
AB674,8,1313 The parental power I am delegating is as follows:
AB674,8,1414 FULL
AB674,8,1615 (Check if you want to delegate full parental power regarding the care and
16custody of the child(ren) named above.
)
AB674,8,1817 .... Full parental power regarding the care and custody of the child(ren) named
18above
AB674,8,1919 PARTIAL
AB674,8,2120 (Check each subject over which you want to delegate your parental power
21regarding the child(ren) named above.
)
AB674,8,2222 .... The power to consent to all health care; or
AB674,8,2323 .... The power to consent to only the following health care:
AB674,8,2524 .... Ordinary or routine health care, excluding major surgical procedures,
25extraordinary procedures, and experimental treatment
AB674,9,1
1.... Emergency blood transfusion
AB674,9,22 .... Dental care
AB674,9,33 .... Disclosure of health information about the child(ren)
AB674,9,44 .... The power to consent to educational and vocational services
AB674,9,55 .... The power to consent to the employment of the child(ren)
AB674,9,76 .... The power to consent to the disclosure of confidential information, other
7than health information, about the child(ren)
AB674,9,88 .... The power to provide for the care and custody of the child(ren)
AB674,9,109 .... The power to consent to the child(ren) obtaining a motor vehicle operator's
10license
AB674,9,1111 .... The power to travel with the child(ren) outside the state of Wisconsin
AB674,9,1212 .... The power to obtain substitute care, such as child care, for the child(ren)
AB674,9,1613 .... Other specifically delegated powers or limits on delegated powers (Fill in the
14following space or attach a separate sheet describing any other specific powers that
15you wish to delegate or any limits that you wish to place on the powers you are
16delegating.
) ....
AB674,9,1917 This delegation of parental powers does not deprive a custodial or noncustodial
18parent of any of his or her powers regarding the care and custody of the child,
19whether granted by court order or force of law.
AB674,9,2420 THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO
21CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE
22PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE
23CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE
24CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED

1FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME,
2SHELTER CARE FACILITY, OR INPATIENT TREATMENT FACILITY.
AB674,10,43 EFFECTIVE DATE AND TERM
4 OF THIS DELEGATION
AB674,10,125 This Power of Attorney takes effect on .... and will remain in effect until .... If
6no termination date is given or if the termination date given is more than one year
7after the effective date of this Power of Attorney, this Power of Attorney will remain
8in effect for a period of one year after the effective date, but no longer. This Power
9of Attorney may be revoked in writing at any time by a parent who has legal custody
10of the child(ren) and such a revocation invalidates the delegation of parental powers
11made by this Power of Attorney, except with respect to acts already taken in reliance
12on this Power of Attorney.
AB674,10,1313 SIGNATURE(S) OF PARENT(S)
AB674,10,1414 Signature of parent ....   Date ....
AB674,10,1515 Parent's name printed ....
AB674,10,1616 Parent's address ....
AB674,10,1717 Parent's telephone number ....
AB674,10,1818 Parent's e-mail address ....
AB674,10,1919 Signature of parent ....   Date ....
AB674,10,2020 Parent's name printed ....
AB674,10,2121 Parent's address ....
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