CORRECTED COPY
LRB-1189/1
EAW:amn
2021 - 2022 LEGISLATURE
January 29, 2021 - Introduced by Representatives Tittl, Callahan, Dittrich,
Drake, Gundrum, Murphy, Rozar and Wichgers, cosponsored by Senators
Jacque, Nass, Carpenter and Cowles. Referred to Committee on Children
and Families.
AB26,1,4 1An Act to renumber and amend 48.345 (3) (a) and 48.345 (3) (b); and to create
248.345 (3) (a) 1. and 2., 48.345 (3) (b) 1. and 2. and 48.685 (4m) (b) 2. and 2m.
3of the statutes; relating to: prohibiting the out-of-home placement of a child
4with a person with a record of a crime against a child.
Analysis by the Legislative Reference Bureau
Under current law, if the juvenile court places a child who is found to be in need
of protection or services in an out-of-home placement in a foster home, a shelter care
facility, a group home, a subsidized guardianship, or with a relative who receives
kinship care payments, the out-of-home placement is required to be licensed under
the Children's Code. A licensed out-of-home placement may not employ a person
or house a person as a nonclient resident if the person has been convicted or
adjudicated delinquent of certain offenses, including certain crimes against a child,
or has been determined by a child protective services agency to have abused or
neglected a child. Under this bill, a licensed out-of-home placement may not employ
a person or house a person as a nonclient resident if the person has pled no contest
to a charge of certain crimes against a child or has had a charge for those crimes
dismissed or amended as a result of a plea agreement.
Under current law, the juvenile court may place a child who is found to be in
need of protection or services in the home of a relative without a license or may
temporarily place a child with another person who is not licensed under the
Children's Code, unless the relative or unlicensed person has been convicted of
first-degree or second-degree intentional homicide of a parent of the child. Under

current law, the juvenile court may still place a child with such a person if the court
finds, by clear and convincing evidence, that the placement is in the best interests
of the child, taking into account the wishes of the child.
Under this bill, the juvenile court also may not place a child or juvenile with a
relative other than a parent or with another person who is not licensed under the
Children's Code if the relative or unlicensed person has been convicted of, pled no
contest to, or been subject to a plea agreement for a crime against a child. Under the
bill, the juvenile court may still place a child with such a person if the court finds,
by clear and convincing evidence, that the placement is in the best interests of the
child.
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:
AB26,1 1Section 1. 48.345 (3) (a) of the statutes is renumbered 48.345 (3) (a) (intro.)
2and amended to read:
AB26,2,103 48.345 (3) (a) (intro.) The home of a parent or other relative of the child, except
4that the judge may not designate the home of a parent or other relative of the child
5any of the following as the child's placement if the parent or other relative has been
6convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
7of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
8has not been reversed, set aside or vacated,
unless the judge determines by clear and
9convincing evidence that the placement would be in the best interests of the child.
10The judge shall consider the wishes of the child in making that determination.
:
AB26,2 11Section 2. 48.345 (3) (a) 1. and 2. of the statutes are created to read:
AB26,3,212 48.345 (3) (a) 1. The home of a parent or other relative of the child if the parent
13or other relative has been convicted under s. 940.01 of the first-degree intentional
14homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of
15the child, and the conviction has not been reversed, set aside, or vacated. In

1determining whether a placement under this subdivision is in the best interest of the
2child, the judge shall consider the wishes of the child.
AB26,3,63 2. The home of a relative other than the parent of a child if the judge finds that
4the relative has been convicted of a crime under ch. 948, has pled no contest to a crime
5under ch. 948, or has had a charge for a crime under ch. 948 dismissed or amended
6as a result of a plea agreement.
AB26,3 7Section 3. 48.345 (3) (b) of the statutes is renumbered 48.345 (3) (b) (intro.)
8and amended to read:
AB26,3,179 48.345 (3) (b) (intro.) The home of a person who is not required to be licensed
10if placement is for less than 30 days, except that the judge may not designate the
11home of a person who is not required to be licensed
any of the following as the child's
12placement if the person has been convicted under s. 940.01 of the first-degree
13intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
14a parent of the child, and the conviction has not been reversed, set aside or vacated,

15unless the judge determines by clear and convincing evidence that the placement
16would be in the best interests of the child. The judge shall consider the wishes of the
17child in making that determination.
:
AB26,4 18Section 4. 48.345 (3) (b) 1. and 2. of the statutes are created to read:
AB26,3,2419 48.345 (3) (b) 1. The home of a person who is not required to be licensed if the
20person has been convicted under s. 940.01 of the first-degree intentional homicide,
21or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child,
22and the conviction has not been reversed, set aside, or vacated. In determining
23whether a placement under this subdivision is in the best interest of the child, the
24judge shall consider the wishes of the child.
AB26,4,4
12. The home of a person who is not required to be licensed if the judge finds that
2the person has been convicted of a crime under ch. 948, has pled no contest to a crime
3under ch. 948, or has had a charge for a crime under ch. 948 dismissed or amended
4as a result of a plea agreement.
AB26,5 5Section 5. 48.685 (4m) (b) 2. and 2m. of the statutes are created to read:
AB26,4,106 48.685 (4m) (b) 2. That the person was charged for a violation of s. 948.02 (1)
7or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06,
8948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21,
9948.215, 948.30, or 948.53, or a similar law of another state, and the charge was
10dismissed or amended as part of a plea agreement.
AB26,4,1411 2m. That the person has pled no contest to a violation of s. 948.02 (1) or (2),
12948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
13948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215,
14948.30, or 948.53, or a similar law of another state.
AB26,4,1515 (End)
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