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SB24-SSA1,1,5 1An Act to renumber and amend 48.345 (3) (a), 48.345 (3) (b), 938.34 (3) (a) and
2938.34 (3) (b); and to create 48.345 (3) (a) 2., 48.345 (3) (b) 2., 48.685 (4m) (b)
32. and 2m., 938.34 (3) (a) 2. and 938.34 (3) (b) 2. of the statutes; relating to:
4prohibiting the out-of-home placement of a child with a person with a record
5of a crime against a child.
Analysis by the Legislative Reference Bureau
Under current law, if the juvenile court places a child or juvenile 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, or 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
pleaded 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 or juvenile 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 the
first-degree or second-degree intentional homicide of a parent of the child. Under
current law, the juvenile court may nevertheless place a child or juvenile with such
a person if the court finds, by clear and convincing evidence, that the placement is
in the best interests of the child or juvenile, taking into account the wishes of the child
or juvenile.
Under this bill, the juvenile court also generally 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, pleaded no contest to, or been subject to a plea agreement for certain
crimes against a child that would disqualify the person from receiving a license
under the Children's Code. Under the bill, the juvenile court may nevertheless place
a child or juvenile with such a person if the court finds, by clear and convincing
evidence, that the placement is in the best interests of the child or juvenile.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB24-SSA1,1 1Section 1. 48.345 (3) (a) of the statutes is renumbered 48.345 (3) (a) (intro.)
2and amended to read:
SB24-SSA1,2,73 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 , unless the judge determines by clear
6and convincing evidence that the placement would be in the best interests of the
7child:
SB24-SSA1,3,2 81. The home of a parent or other relative if the parent or other relative has been
9convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
10of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
11has not been reversed, set aside, or vacated, unless the judge determines by clear and
12convincing evidence that the
. In determining whether a placement under this

1subdivision
would be in the best interests of the child . The, the judge shall consider
2the wishes of the child in making that determination.
SB24-SSA1,2 3Section 2. 48.345 (3) (a) 2. of the statutes is created to read:
SB24-SSA1,3,94 48.345 (3) (a) 2. The home of a relative other than the parent of a child if the
5judge finds that the relative has been convicted of, has pleaded no contest to, or has
6had a charge dismissed or amended as a result of a plea agreement for a crime under
7s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
8948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
9948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.
SB24-SSA1,3 10Section 3. 48.345 (3) (b) of the statutes is renumbered 48.345 (3) (b) (intro.)
11and amended to read:
SB24-SSA1,3,1612 48.345 (3) (b) (intro.) The home of a person who is not required to be licensed
13if placement is for less than 30 days, except that the judge may not designate the
14home of a person who is not required to be licensed
any of the following as the child's
15placement, unless the judge determines by clear and convincing evidence that the
16placement would be in the best interests of the child:
SB24-SSA1,3,23 171. The home of a person who is not required to be licensed if the person has been
18convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
19of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
20has not been reversed, set aside, or vacated, unless the judge determines by clear and
21convincing evidence that the
. In determining whether a placement under this
22subdivision
would be in the best interests of the child. The, the judge shall consider
23the wishes of the child in making that determination.
SB24-SSA1,4 24Section 4. 48.345 (3) (b) 2. of the statutes is created to read:
SB24-SSA1,4,6
148.345 (3) (b) 2. The home of a person who is not required to be licensed if the
2judge finds that the person has been convicted of, has pleaded no contest to, or has
3had a charge dismissed or amended as a result of a plea agreement for a crime under
4s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
5948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
6948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.
SB24-SSA1,5 7Section 5. 48.685 (4m) (b) 2. and 2m. of the statutes are created to read:
SB24-SSA1,4,128 48.685 (4m) (b) 2. That the person was charged for a violation of s. 948.02 (1)
9or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06,
10948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21,
11948.215, 948.30, or 948.53, or a similar law of another state, and the charge was
12dismissed or amended as part of a plea agreement.
SB24-SSA1,4,1613 2m. That the person has pleaded no contest to a violation of s. 948.02 (1) or (2),
14948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
15948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215,
16948.30, or 948.53, or a similar law of another state.
SB24-SSA1,6 17Section 6. 938.34 (3) (a) of the statutes is renumbered 938.34 (3) (a) (intro.)
18and amended to read:
SB24-SSA1,4,2319 938.34 (3) (a) (intro.) The home of a parent or other relative of the juvenile,
20except that the court may not designate the home of a parent or other relative of the
21juvenile
any of the following as the juvenile's placement, unless the court determines
22by clear and convincing evidence that the placement would be in the best interests
23of the child:
SB24-SSA1,5,4 241. The home of a parent or other relative of the juvenile if the parent or other
25relative has been convicted of the homicide of a parent of the juvenile under s. 940.01

1or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the
2court determines by clear and convincing evidence that the
. In determining whether
3a
placement under this subdivision would be in the best interests of the juvenile.
4The
, the court shall consider the wishes of the juvenile in making that determination.
SB24-SSA1,7 5Section 7. 938.34 (3) (a) 2. of the statutes is created to read:
SB24-SSA1,5,116 938.34 (3) (a) 2. The home of a relative other than the parent of the juvenile
7if the court finds that the relative has been convicted of, has pleaded no contest to,
8or has had a charge dismissed or amended as a result of a plea agreement for a crime
9under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
10948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
11948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.
SB24-SSA1,8 12Section 8. 938.34 (3) (b) of the statutes is renumbered 938.34 (3) (b) (intro.)
13and amended to read:
SB24-SSA1,5,1814 938.34 (3) (b) (intro.) The home of a person who is not required to be licensed
15if placement is for less than 30 days, except that the court may not designate the
16home of a person who is not required to be licensed
any of the following as the
17juvenile's placement if the, unless the court determines by clear and convincing
18evidence that the placement would be in the best interests of the juvenile:
SB24-SSA1,5,25 191. The home of a person who is not required to be licensed if the court finds that
20the person
has been convicted of the homicide of a parent of the juvenile under s.
21940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated,
22unless the court determines by clear and convincing evidence that the
. In
23determining whether a
placement under this subdivision would be in the best
24interests of the juvenile. The, the court shall consider the wishes of the juvenile in
25making that determination
.
SB24-SSA1,9
1Section 9. 938.34 (3) (b) 2. of the statutes is created to read:
SB24-SSA1,6,72 938.34 (3) (b) 2. The home of a person who is not required to be licensed if the
3court finds that the person has been convicted of, has pleaded no contest to, or has
4had a charge dismissed or amended as a result of a plea agreement for a crime under
5s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
6948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
7948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.
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