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LRB-3546/1
EHS:skw
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Representatives Emerson, Loudenbeck,
Stubbs, Kolste, Billings, Anderson, Subeck, Sinicki, Brostoff, Bowen,
Cabrera, Goyke, Fields, Crowley, Haywood and C. Taylor, cosponsored by
Senators Johnson, Carpenter and Smith. Referred to Committee on Children
and Families.
AB926,1,4 1An Act to renumber and amend 48.227 (2); to amend 48.227 (4) (a); and to
2create
48.227 (2) (b) of the statutes; relating to: notifying a child welfare
3agency and a parent, guardian, and legal custodian of the presence of a child
4in a runaway home.
Analysis by the Legislative Reference Bureau
Under current law, a licensed foster home, group home, or shelter may provide
housing or services to a child runaway if both the child and his or her parent,
guardian, or legal custodian consent to the provision of housing or services. If the
parent, guardian, or legal custodian does not consent, the foster home, group home,
or shelter must notify the agency responsible for providing child welfare services of
the child's presence in the home or shelter within 12 hours of the child's arrival at
the home or shelter. After such notification, the agency must notify the parent,
guardian, and legal custodian as soon as possible of the child's presence in that home.
Under current law, a hearing is then held to determine whether the child must be
returned to the parent, guardian, or legal custodian or is permitted to stay at the
foster home, group home, or shelter for up to 20 days.
This bill extends from 12 to 72 hours the time after a child runaway's arrival
that a foster home, group home, or shelter must notify the agency responsible for
providing child welfare services of the child's presence in the home or shelter. Under
the bill, an intake worker must only notify the parent, guardian, or legal custodian
of the child if it is in the best interest of the child. The bill also specifies that, if it is
in the child's best interest, no later than six hours after the child arrives the home

or shelter must notify the parent, guardian, and legal custodian of the child's
presence. If he or she cannot be reached for the purpose of this notification, the home
or shelter must attempt to reach them for that purpose at least every six hours until
successful.
Under current law, if the child's parent, guardian, or legal custodian does not
consent to the temporary care and housing of the child at the home or shelter, current
law requires a hearing to be held on the issue within 24 hours of the time that the
child entered the home or shelter. This bill changes this deadline to within 24 hours
of the time the intake worker is notified that the child entered the home or shelter.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB926,1 1Section 1 . 48.227 (2) of the statutes is renumbered 48.227 (2) (a) and amended
2to read:
AB926,2,83 48.227 (2) (a) Any person who operates a home under sub. (1) and licensed
4under s. 48.48 or 48.75, when engaged in sheltering a runaway child without the
5consent of the child's parent, guardian or legal custodian, shall notify the intake
6worker of the presence of the child in the home within 12 72 hours. The If it is in the
7best interest of the child, the
intake worker shall notify the parent, guardian, and
8legal custodian as soon as possible of the child's presence in that home.
AB926,2,12 9(c) A hearing shall be held under sub. (4). The child shall not be removed from
10the home except with the approval of the court under sub. (4). This subsection does
11not prohibit the parent, guardian or legal custodian from conferring with the child
12or the person operating the home.
AB926,2 13Section 2 . 48.227 (2) (b) of the statutes is created to read:
AB926,3,214 48.227 (2) (b) If it is in the best interest of the child, no later than 6 hours after
15the child enters the home under sub. (1) the person who operates the home shall
16notify the parent, guardian, and legal custodian of the child's presence in the home.
17If the parent, guardian, or legal custodian cannot be reached for the purpose of

1notification, the person who operates the home shall attempt to reach him or her for
2that purpose at least every 6 hours until successful.
AB926,3 3Section 3 . 48.227 (4) (a) of the statutes is amended to read:
AB926,3,104 48.227 (4) (a) If the child's parent, guardian , or legal custodian does not consent
5to the temporary care and housing of the child at the runaway home as provided
6under sub. (2) or (3), a hearing shall be held on the issue by the judge or a circuit court
7commissioner within 24 hours of the time that the intake worker is notified under
8sub. (2) (a) that the
child entered the runaway home, excluding Saturdays, Sundays
9and legal holidays. The intake worker shall notify the child and the child's parent,
10guardian, or legal custodian of the time, place , and purpose of the hearing.
AB926,3,1111 (End)
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