2025 - 2026 LEGISLATURE
LRB-3305/1
MDE:emw
June 4, 2025 - Introduced by Senators Jacque and Wirch, cosponsored by Representatives Murphy, Behnke, Goeben, Knodl, O'Connor and Wichgers. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB313,1,4
1An Act to amend 48.78 (2) (a) and 938.78 (2) (a); to create 48.38 (5) (dm), 248.38 (5m) (dm), 938.38 (5) (dm) and 938.38 (5m) (dm) of the statutes; 3relating to: providing permanency plan and comments to out-of-home care
4providers in advance of a permanency plan review or hearing. Analysis by the Legislative Reference Bureau
Under current law, when a child is the subject of a child or juvenile in need of protection or services (CHIPS or JIPS) proceeding, the county social or human services department, a child welfare agency, or, if the child or juvenile is located in Milwaukee County, the Department of Children and Families is required to prepare a permanency plan for the child. The permanency plan is reviewed every six months either by a review panel or at a court hearing. Before the review or hearing, the agency is required to provide a copy of the plan, and any written comments that the agency receives about the plan, to the following people: the members of the review panel; the child’s parent, guardian, or legal custodian; the person representing the interests of the public; the child’s counsel, guardian ad litem, or court-appointed special advocate; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the child’s Indian custodian and tribe.
This bill allows an agency to provide a copy of a child’s permanency plan and comments on the plan to a child’s out-of-home care provider in the context of a permanency review and a permanency hearing. An out-of-home care provider includes a foster parent, guardian, relative other than a parent, nonrelative in whose home a child or juvenile is placed, and operator of a group home, residential care center for children and youth, or shelter care facility in which a child or juvenile is placed.
Under this bill, any information that is required to remain confidential under federal or state law must be redacted from the permanency plan before it is provided to the out-of-home care provider.
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:
SB313,1
1Section 1. 48.38 (5) (dm) of the statutes is created to read: SB313,2,9248.38 (5) (dm) The agency that prepared the permanency plan may provide a 3copy of the permanency plan and any written comments submitted under par. (bm) 41. to the out-of-home care provider of the child. A permanency plan provided to an 5out-of-home care provider of the child under this paragraph shall be redacted to 6protect information that is required to remain confidential under ss. 48.396 (1) and 7(2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4), 8118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain 9confidential under federal law. SB313,210Section 2. 48.38 (5m) (dm) of the statutes is created to read: SB313,3,31148.38 (5m) (dm) The agency that prepared the permanency plan may provide 12a copy of the permanency plan and any written comments submitted under par. (c) 131. to the out-of-home care provider of the child. A permanency plan provided to an 14out-of-home care provider of the child under this paragraph shall be redacted to 15protect information that is required to remain confidential under ss. 48.396 (1) and
1(2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4), 2118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain 3confidential under federal law. SB313,34Section 3. 48.78 (2) (a) of the statutes is amended to read: SB313,3,10548.78 (2) (a) No agency may make available for inspection or disclose the 6contents of any record kept or information received about an individual who is or 7was in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 848.38 (5) (b) or, (d), or (dm) or (5m) (d) or (dm), 48.396 (3) (bm) or (c) 1r., 48.432, 948.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 10938.51, or 938.78 or by order of the court. SB313,411Section 4. 938.38 (5) (dm) of the statutes is created to read: SB313,3,1912938.38 (5) (dm) The agency that prepared the permanency plan may provide 13a copy of the permanency plan and any written comments submitted under par. 14(bm) 1. to the out-of-home care provider of the child. A permanency plan provided 15to an out-of-home care provider of the child under this paragraph shall be redacted 16to protect information that is required to remain confidential under ss. 48.396 (1) 17and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4), 18118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain 19confidential under federal law. SB313,520Section 5. 938.38 (5m) (dm) of the statutes is created to read: SB313,4,521938.38 (5m) (dm) The agency that prepared the permanency plan may 22provide a copy of the permanency plan and any written comments submitted under 23par. (c) 1. to the out-of-home care provider of the child. A permanency plan provided
1to an out-of-home care provider of the child under this paragraph shall be redacted 2to protect information that is required to remain confidential under ss. 48.396 (1) 3and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4), 4118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain 5confidential under federal law. SB313,66Section 6. 938.78 (2) (a) of the statutes is amended to read: SB313,4,117938.78 (2) (a) No agency may make available for inspection or disclose the 8contents of any record kept or information received about an individual who is or 9was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 10(3) (bm) or (c) 1r., 938.371, 938.38 (5) (b) or, (d), or (dm) or (5m) (d) or (dm), 938.396 11(2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court. SB313,712Section 7. Initial applicability. SB313,4,1513(1) Permanency plan to an out-of-home care provider. This act first 14applies to a permanency review or permanency hearing commencing on the 30th 15day after the effective date of this subsection.