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LRBs0188/1
EAW:amn
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 532
January 2, 2020 - Offered by Senator Darling.
SB532-SSA1,1,9 1An Act to renumber and amend 48.357 (2r), 48.437 (2r), 48.64 (4) (a), 48.64 (4)
2(c) and 938.357 (2r); to amend 48.293 (2), 48.295 (1), 48.295 (3), 48.357 (1) (am)
32. a., 48.357 (1) (am) 3., 48.357 (2m) (am) 2., 48.357 (2m) (c) 2., 48.396 (3) (b) 1.,
448.396 (3) (c) 1m., 48.437 (1) (c), 48.437 (2r) (title), 48.78 (2) (a), 938.293 (2),
5938.295 (1) (b), 938.295 (3), 938.396 (2m) (b) 1., 938.396 (2m) (c) 1m. and 938.78
6(2) (a); and to create 48.357 (2r) (b), 48.437 (2r) (b), 48.64 (4) (a) 2. and 3., 48.64
7(4) (c) 3. and 4. and 938.357 (2r) (b) of the statutes; relating to: the rights of
8a foster parent or other physical custodian of a child on removal of the child from
9the person's home and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill changes the rights of a foster parent or other physical custodian in a
proceeding for a change of placement under the Children's Code and the Juvenile
Justice Code.
Under current law, a child who is subject to a dispositional order of the court
assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice

Code (juvenile court), the child's parent, guardian, or legal custodian, or any agency
bound by the dispositional order may request a change in placement of the child.
Currently, if the agency requests the change in placement, the agency must provide
notice to the child, the child's parent, guardian, and legal custodian, and the child's
foster parent, treatment foster parent, or other physical custodian stating the
reasons for the change in placement, why the new placement is preferable to the
current placement, and how the new placement satisfies the objectives of the child's
treatment plan. A person who receives notice of such a change in placement may
obtain a hearing on the change in placement by filing an objection to the change in
placement.
Current law provides a slightly different procedure for when the child or the
child's parent, guardian, or legal custodian requests a change in placement. In that
case, the notice must state what new information affects the advisability of the
current placement and a hearing must be held unless all parties waive their
objections to the change in placement.
Finally, under current law, when an agency is appointed the guardian of a child
after parental rights are terminated and the district attorney or corporation counsel
requests a change in placement, the juvenile court may decide whether to hold a
hearing on the change in placement.
Under any of these three procedures, if a hearing is held and the change in
placement would remove the child from a foster home or from the home of another
physical custodian, the juvenile court must give the foster parent or other physical
custodian the right to be heard by permitting that person to make a written or oral
statement at the hearing or to submit a written statement prior to the hearing
relating to the child and to the change in placement. Current law specifies that a
foster parent is not a party to a proceeding solely on the basis of receiving notice of
the proceeding and the right to be heard.
This bill expands the rights of a foster parent or other physical custodian in
connection with a change-in-placement proceeding. Specifically, the bill provides
that, if a hearing is held and the change in placement would remove the child from
a foster home or from the home of another physical custodian in which the child has
been placed for six months or more, the foster parent or other physical custodian is
a party to the proceeding and, as a party, may be represented by counsel, may inspect
and copy, through counsel, all records relating to the child, may request that the child
be examined or assessed by an expert of the foster parent's, treatment foster parent's,
or other physical custodian's own choosing, and has the right to present evidence,
including expert testimony, to confront and cross-examine witnesses, and to present
alternative placement recommendations.
Also, under current law, any decision or order issued by an agency that affects
the head of a foster home or group home, the head of the home of a relative other than
a parent in which a child is placed, or the child involved may be appealed to the
Department of Children and Families under fair hearing procedures. Under those
procedures, the head of the home is entitled to be represented by counsel, to examine
documents and records, to bring witnesses, to confront and cross-examine adverse
witnesses, and to have judicial review of DCF's decision.

In addition, under current law, an interested party may file a petition with the
circuit court for the county where a child is placed alleging that a decision or order
of the agency supervising the child's placement is not in the best interests of the child.
On receipt of a petition, the circuit court may call a hearing for the purpose of
reviewing the decision or order. If the child is placed in a foster home or in the home
of a relative other than a parent, the foster parent or relative may present relevant
evidence at the hearing.
This bill makes the rights of the head of a foster home or home of a relative other
than a parent in connection with an appeal of an agency decision or order removing
a child from the person's home consistent with the rights of a foster parent or other
physical custodian in connection with a change-in-placement proceeding.
Specifically, the bill provides that, if the head of a foster home or home of a relative
other than a parent in which a child has been placed for six months or more appeals
an agency decision affecting the head of the home to DCF or files a petition with the
circuit court requesting the circuit court to review the agency decision or order, the
head of the home is a party to the proceeding and, as a party, may be represented by
counsel, may inspect and copy, through counsel, all records relating to the child, may
request that the child be examined or assessed by an expert of his or her own
choosing, and has the right to present evidence, including expert testimony, to
confront and cross-examine witnesses, and to present alternative placement
recommendations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB532-SSA1,1 1Section 1. 48.293 (2) of the statutes is amended to read:
SB532-SSA1,4,42 48.293 (2) All records relating to a child, or to an unborn child and the unborn
3child's expectant mother, that are relevant to the subject matter of a proceeding
4under this chapter shall be open to inspection by a guardian ad litem or counsel for
5any party and to inspection, by the court-appointed special advocate for the child,
6or by counsel for any foster parent or other physical custodian described in s. 48.357
7(2r) (b), 48.437 (2r) (b), or 48.64 (4) (a) 2. or (c) 3.,
upon demand and upon presentation
8of releases when necessary, at least 48 hours before the proceeding. Persons entitled
9to inspect the records may obtain copies of the records with the permission of the
10custodian of the records or with permission of the court. The court may instruct
11counsel, a guardian ad litem, or a court-appointed special advocate not to disclose

1specified items in the materials records to the child or, the parent, or to the expectant
2mother, or the child's foster parent or other physical custodian described in s. 48.357
3(2r) (b), 48.437 (2r) (b), or 48.64 (4) (a) 2. or (c) 3.
if the court reasonably believes that
4the disclosure would be harmful to the interests of the child or the unborn child.
SB532-SSA1,2 5Section 2. 48.295 (1) of the statutes is amended to read:
SB532-SSA1,5,46 48.295 (1) After the filing of a petition and upon a finding by the court that
7reasonable cause exists to warrant a physical, psychological, mental, or
8developmental examination or an alcohol and other drug abuse assessment that
9conforms to the criteria specified under s. 48.547 (4), the court may order any child
10coming within its jurisdiction to be examined as an outpatient by personnel in an
11approved treatment facility for alcohol and other drug abuse, by a physician,
12psychiatrist or licensed psychologist, or by another expert appointed by the court
13holding at least a master's degree in social work or another related field of child
14development, in order that the child's physical, psychological, alcohol or other drug
15dependency, mental, or developmental condition may be considered. The court may
16also order a physical, psychological, mental, or developmental examination or an
17alcohol and other drug abuse assessment that conforms to the criteria specified
18under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
19a child is at issue before the court or of an expectant mother whose ability to control
20her use of alcohol beverages, controlled substances, or controlled substance analogs
21is at issue before the court. The court shall hear any objections by the child or, the
22child's parents, guardian, or legal custodian, or the child's foster parent or other
23physical custodian described in s. 48.357 (2r) (b), 48.437 (2r) (b), or 48.64 (4) (a) 2. or
24(c) 3.
to the request for such an examination or assessment before ordering the
25examination or assessment. The expenses of an examination, if approved by the

1court, shall be paid by the county of the court ordering the examination in a county
2having a population of less than 750,000 or by the department in a county having a
3population of 750,000 or more. The payment for an alcohol and other drug abuse
4assessment shall be in accordance with s. 48.361.
SB532-SSA1,3 5Section 3. 48.295 (3) of the statutes is amended to read:
SB532-SSA1,5,116 48.295 (3) If the child, the child's parent or, the expectant mother, or the child's
7foster parent or other physical custodian described in s. 48.357 (2r) (b), 48.437 (2r)
8(b), or 48.64 (4) (a) 2. or (c) 3.
objects to a particular physician, psychiatrist, licensed
9psychologist or other expert as required under this section, the court shall appoint
10a different physician, psychiatrist, psychologist or other expert as required under
11this section.
SB532-SSA1,4 12Section 4. 48.357 (1) (am) 2. a. of the statutes is amended to read:
SB532-SSA1,5,1613 48.357 (1) (am) 2. a. By the parent, guardian, legal custodian, or Indian
14custodian, the foster parent or other physical custodian described in sub. (2r) (b), the
15child, if 12 years of age or over, and the child's tribe, if the child is an Indian child who
16has been removed from the home of his or her parent or Indian custodian.
SB532-SSA1,5 17Section 5 . 48.357 (1) (am) 3. of the statutes is amended to read:
SB532-SSA1,6,418 48.357 (1) (am) 3. If the court changes the child's placement from a placement
19outside the home to another placement outside the home, the change-in-placement
20order shall contain the applicable order under sub. (2v) (a) 1m., the applicable
21statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court
22changes the placement of an Indian child who has been removed from the home of
23his or her parent or Indian custodian from a placement outside that home to another
24placement outside that home, the change-in-placement order shall, in addition,
25comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable,

1s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e),
2for departing from that order. The amount of time that the child has spent with a
3foster parent or other physical custodian is not, on its own, good cause for departing
4from the order of placement preference under s. 48.028 (7) (b) or (c).
SB532-SSA1,6 5Section 6 . 48.357 (2m) (am) 2. of the statutes is amended to read:
SB532-SSA1,6,156 48.357 (2m) (am) 2. If the proposed change in placement would change the
7placement of an Indian child placed outside the home of his or her parent or Indian
8custodian to another placement outside that home, a request under par. (a) shall also
9contain a statement as to whether the new placement is in compliance with the order
10of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and,
11if the new placement is not in compliance with that order, specific information
12showing good cause, as described in s. 48.028 (7) (e), for departing from that order.
13The amount of time that the child has spent with a foster parent or other physical
14custodian is not, on its own, good cause for departing from the order of placement
15preference under s. 48.028 (7) (b) or (c).
SB532-SSA1,7 16Section 7 . 48.357 (2m) (c) 2. of the statutes is amended to read:
SB532-SSA1,7,317 48.357 (2m) (c) 2. If the court changes the child's placement from a placement
18outside the home to another placement outside the home, the change-in-placement
19order shall contain the applicable order under sub. (2v) (a) 1m., the applicable
20statement under sub. (2v) (a) 2., and the finding under sub. (2v) (a) 2m. If the court
21changes the placement of an Indian child from a placement outside the home of his
22or her parent or Indian custodian to another placement outside that home, the
23change-in-placement order shall, in addition, comply with the order of placement
24preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court
25finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The

1amount of time that the child has spent with a foster parent or other physical
2custodian is not, on its own, good cause for departing from the order of placement
3preference under s. 48.028 (7) (b) or (c).
SB532-SSA1,8 4Section 8. 48.357 (2r) of the statutes is renumbered 48.357 (2r) (a) and
5amended to read:
SB532-SSA1,7,176 48.357 (2r) (a) If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and the
7change in placement would remove a child from a foster home or other placement
8with a physical custodian described in s. 48.62 (2) in which the child has been placed
9for less than 6 months
, the court shall give the foster parent or other physical
10custodian a right to be heard at the hearing by permitting the foster parent or other
11physical custodian to make a written or oral statement during the hearing or to
12submit a written statement prior to the hearing relating to the child and the
13requested change in placement. A foster parent or other physical custodian
14described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (am) 1. or (2m)
15(b) 2. and a right to be heard under this subsection paragraph does not become a party
16to the proceeding on which the hearing is held solely on the basis of receiving that
17notice and right to be heard.
SB532-SSA1,9 18Section 9. 48.357 (2r) (b) of the statutes is created to read:
SB532-SSA1,8,319 48.357 (2r) (b) 1. If a hearing is held under sub. (1) (am) 2. or (2m) (b) 1. and
20the change in placement would remove a child from a foster home or other placement
21with a physical custodian described in s. 48.62 (2) in which the child has been placed
22for 6 months or more, the foster parent or other physical custodian is a party to the
23proceeding and, as a party, may be represented by counsel and has the right to be
24heard as described in par. (a), to request an examination or assessment of the child
25under s. 48.295 by an expert of the foster parent's or other physical custodian's own

1choosing, to present evidence relative to the issue of placement, including expert
2testimony, to confront and cross-examine witnesses, and to make alternative
3placement recommendations.
SB532-SSA1,8,144 2. If the proposed change in placement would remove an Indian child from a
5foster home or other placement with a physical custodian described in s. 48.62 (2),
6the foster parent or other physical custodian may not make an alternative placement
7recommendation in the proceeding unless the alternative placement
8recommendation complies with the order of placement preference under s. 48.028 (7)
9(b) or, if applicable, s. 48.028 (7) (c) or, if the alternative placement recommendation
10does not comply with that order, the foster parent or other physical custodian shall
11provide specific information showing good cause, as described in s. 48.028 (7) (e), for
12departing from that order. The amount of time that the child has spent with the
13foster parent or other physical custodian is not, on its own, good cause for departing
14from the order of placement preference under s. 48.028 (7) (b) or (c).
SB532-SSA1,8,2015 3. Counsel for the foster parent or other physical custodian may inspect and
16obtain copies of all records relating to the child as provided under s. 48.293. If counsel
17for the foster parent or other physical custodian discloses a record to the foster parent
18or other physical custodian, counsel shall advise that person that the information
19contained in the record is confidential and may be disclosed only for the purpose of
20participating in the change-in-placement proceeding.
SB532-SSA1,10 21Section 10 . 48.396 (3) (b) 1. of the statutes is amended to read:
SB532-SSA1,9,1222 48.396 (3) (b) 1. The court shall make information relating to proceedings
23under this chapter that is contained in the electronic records of the court available
24to any other court assigned to exercise jurisdiction under this chapter and ch. 938,
25a municipal court exercising jurisdiction under s. 938.17 (2), a court of criminal

1jurisdiction, a person representing the interests of the public under s. 48.09 or
2938.09, an attorney or guardian ad litem for a parent or child who is a party to a
3proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 938,
4or an attorney for a foster parent or other physical custodian described in s. 48.357
5(2r) (b), 48.437 (2r) (b), or 48.64 (4) (a) 2. or (c) 3.
or a municipal court, a district
6attorney prosecuting a criminal case, the department, or a county department under
7s. 46.215, 46.22, or 46.23, regardless of whether the person to whom the information
8is transferred is a party to or is otherwise involved in the proceedings in which the
9electronic records containing that information were created. The director of state
10courts may use the circuit court automated information systems established under
11s. 758.19 (4) to make information contained in the electronic records of the court
12available as provided in this subdivision.
SB532-SSA1,11 13Section 11 . 48.396 (3) (c) 1m. of the statutes is amended to read:
SB532-SSA1,9,2414 48.396 (3) (c) 1m. A person representing the interests of the public under s.
1548.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party
16to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch.
17938, or an attorney for a foster parent or other physical custodian described in s.
1848.357 (2r) (b), 48.437 (2r) (b), or 48.64 (4) (a) 2. or (c) 3.
or a municipal court, or a
19district attorney prosecuting a criminal case shall keep any information made
20available to that person under par. (b) 1. confidential and may use or allow access to
21that information only for the purpose of performing his or her official duties relating
22to a proceeding in a court assigned to exercise jurisdiction under this chapter and ch.
23938, a municipal court, or a court of criminal jurisdiction. That person may allow that
24access regardless of whether the person who is allowed that access is a party to or

1is otherwise involved in the proceedings in which the electronic records containing
2that information were created.
SB532-SSA1,12 3Section 12 . 48.437 (1) (c) of the statutes is amended to read:
SB532-SSA1,10,134 48.437 (1) (c) Contents of order. The change-in-placement order shall contain
5the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b),
6and the finding under sub. (2v) (c). If the court changes the placement of an Indian
7child who has been removed from the home of his or her parent or Indian custodian,
8the change-in-placement order shall, in addition, comply with the order of
9placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless
10the court finds good cause, as described in s. 48.028 (7) (e), for departing from that
11order. The amount of time that the child has spent with a foster parent or other
12physical custodian is not, on its own, good cause for departing from the order of
13placement preference under s. 48.028 (7) (b) or (c).
SB532-SSA1,13 14Section 13. 48.437 (2r) (title) of the statutes is amended to read:
SB532-SSA1,10,1615 48.437 (2r) (title) Removal from foster home, sustaining parent, or other
16physical custodian.
SB532-SSA1,14 17Section 14. 48.437 (2r) of the statutes is renumbered 48.437 (2r) (a) and
18amended to read:
SB532-SSA1,11,419 48.437 (2r) (a) If a hearing is held under sub. (1) (bm) and the change in
20placement would remove a child from a foster home or other placement with a
21physical custodian described in s. 48.62 (2) in which the child has been placed for less
22than 6 months
, the court shall give the foster parent or other physical custodian a
23right to be heard at the hearing by permitting the foster parent or other physical
24custodian to make a written or oral statement during the hearing or to submit a
25written statement prior to the hearing relating to the child and the requested change

1in placement. A foster parent or other physical custodian described in s. 48.62 (2)
2who receives notice of a hearing under sub. (1) (bm) and a right to be heard under this
3subsection paragraph does not become a party to the proceeding on which the
4hearing is held solely on the basis of receiving that notice and right to be heard.
SB532-SSA1,15 5Section 15. 48.437 (2r) (b) of the statutes is created to read:
SB532-SSA1,11,156 48.437 (2r) (b) 1. If a hearing is held under sub. (1) (bm) and the change in
7placement would remove a child from a foster home or other placement with a
8physical custodian described in s. 48.62 (2) in which the child has been placed for 6
9months or more, the foster parent or other physical custodian is a party to the
10proceeding and, as a party, may be represented by counsel and has the right to be
11heard as described in par. (a), to request an examination or assessment of the child
12under s. 48.295 by an expert of the foster parent's or other physical custodian's own
13choosing, to present evidence relative to the issue of placement, including expert
14testimony, to confront and cross-examine witnesses, and to make alternative
15placement recommendations.
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