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LRB-5341/1
EAW:ahe&cdc
2019 - 2020 LEGISLATURE
January 22, 2020 - Introduced by Representatives Tittl, C. Taylor, Subeck and
Gruszynski, cosponsored by Senators Jacque, Carpenter and Nass. Referred
to Committee on Children and Families.
AB778,1,4 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
This bill prohibits the out-of-home placement of a child with a nonparent
relative or other unlicensed person if that relative or person has been convicted, pled
no contest, or had a charge for a crime against a child against him or her dismissed
or amended as a result of a plea agreement. This bill also prohibits subsidized
guardianships and licensing of child welfare agencies, foster homes, group homes,
and shelter care facilities under the Children's Code if the license applicant, an
employee, or a nonclient resident has pled no contest to certain crimes against a child
or had a charge against them for certain crimes against a child dismissed or amended
as the result of a plea agreement.
Under current law, a court assigned to exercise jurisdiction under the
Children's Code (juvenile court) may designate an out-of-home placement for a child
found to be in need of protection or services (CHIPS). Under current law, the juvenile
court may place a child in the home of a relative or may temporarily place a child with
a person who is not licensed under the Children's Code, unless the relative or
unlicensed person has been convicted of the first- or second-degree intentional
homicide of a parent of the child. Under this bill, the juvenile court may not place
a child with a relative other than a parent or with a person who is not licensed under

the Children's Code if the relative or unlicensed person has been convicted, pled no
contest, or been subject to a plea agreement for a crime against a child.
Under current law, if the juvenile court places a child in out-of-home care,
including in a foster home, a shelter care facility, a group home, subsidized
guardianship, or with a relative, the out-of-home care placement is required to
apply for a license. Under current law, any licensee, its employees, and its nonclient
residents are required to undergo a background investigation, and the out-of-home
placement may not receive a license if the background investigation indicates that
the licensee, an employee, or a nonclient resident has been convicted or adjudicated
delinquent of certain offenses, including certain crimes against a child, or if there has
been a final determination by a child protective services agency that the person has
abused or neglected a child. Under this bill, the out-of-home care placement may
not receive a license if the background investigation shows that the licensee,
employee, or nonclient resident has pled no contest to a charge of certain crimes
against a child or has had a charge against them for certain crimes against a child
dismissed or amended as a result of a plea agreement.
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:
AB778,1 1Section 1. 48.345 (3) (a) of the statutes is renumbered 48.345 (3) (a) (intro.)
2and amended to read:
AB778,2,103 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.
:
AB778,2 11Section 2. 48.345 (3) (a) 1. and 2. of the statutes are created to read:
AB778,3,6
148.345 (3) (a) 1. The home of a parent or other relative of the child if the parent
2or other relative has been convicted under s. 940.01 of the first-degree intentional
3homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of
4the child, and the conviction has not been reversed, set aside, or vacated. In
5determining whether a placement under this subdivision is in the best interest of the
6child, the judge shall consider the wishes of the child.
AB778,3,107 2. The home of a relative other than the parent of a child if the judge finds that
8the relative has been convicted of a crime under ch. 948, has pled no contest to a crime
9under ch. 948, or has had a charge for a crime under ch. 948 dismissed or amended
10as a result of a plea agreement.
AB778,3 11Section 3. 48.345 (3) (b) of the statutes is renumbered 48.345 (3) (b) (intro.)
12and amended to read:
AB778,3,2113 48.345 (3) (b) (intro.) The home of a person who is not required to be licensed
14if placement is for less than 30 days, except that the judge may not designate the
15home of a person who is not required to be licensed
any of the following as the child's
16placement if the person has been convicted under s. 940.01 of the first-degree
17intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
18a parent of the child, and the conviction has not been reversed, set aside or vacated,

19unless the judge determines by clear and convincing evidence that the placement
20would be in the best interests of the child. The judge shall consider the wishes of the
21child in making that determination.
:
AB778,4 22Section 4. 48.345 (3) (b) 1. and 2. of the statutes are created to read:
AB778,4,323 48.345 (3) (b) 1. The home of a person who is not required to be licensed if the
24person has been convicted under s. 940.01 of the first-degree intentional homicide,
25or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child,

1and the conviction has not been reversed, set aside, or vacated. In determining
2whether a placement under this subdivision is in the best interest of the child, the
3judge shall consider the wishes of the child.
AB778,4,74 2. The home of a person who is not required to be licensed if the judge finds that
5the person has been convicted of a crime under ch. 948, has pled no contest to a crime
6under ch. 948, or has had a charge for a crime under ch. 948 dismissed or amended
7as a result of a plea agreement.
AB778,5 8Section 5. 48.685 (4m) (b) 2. and 2m. of the statutes are created to read:
AB778,4,139 48.685 (4m) (b) 2. That the person was charged for a violation of s. 948.02 (1)
10or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06,
11948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21,
12948.215, 948.30, or 948.53, or a similar law of another state, and the charge was
13dismissed or amended as part of a plea agreement.
AB778,4,1714 2m. That the person has pled no contest to a violation of s. 948.02 (1) or (2),
15948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
16948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215,
17948.30, or 948.53, or a similar law of another state.
AB778,4,1818 (End)
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