LRB-4509/2
EAW:skw&ahe
2019 - 2020 LEGISLATURE
October 23, 2019 - Introduced by Representatives Ramthun, Snyder, Dittrich,
Felzkowski, Horlacher, James, Katsma, Kulp, Kurtz, Magnafici, Milroy,
Murphy, Mursau, Tusler, Thiesfeldt, Tranel, Born and Tittl, cosponsored
by Senators Olsen, Darling and Cowles. Referred to Committee on Family
Law.
AB565,1,5
1An Act to amend 48.355 (1), 48.355 (2) (cm) 1., 48.357 (1) (am) 3., 48.357 (2v)
2(b), 48.357 (2v) (d) 1., 938.355 (2) (cm) 1., 938.357 (1) (am) 3., 938.357 (2v) (b)
3and 938.357 (2v) (d) 1.; and
to create 48.21 (5) (e) 3., 48.357 (2v) (a) 5., 938.21
4(5) (e) 3. and 938.357 (2v) (a) 5. of the statutes;
relating to: placement of a child
5with a relative under the Children's Code or the Juvenile Justice Code.
Analysis by the Legislative Reference Bureau
This bill limits the timeframe during which a relative of a child may indicate
his or her willingness to participate in the care and placement of the child in a child
in need of protection or services (CHIPS) proceeding or a proceeding under the
Juvenile Justice Code and requires a judge who is placing a child with a relative to
make certain findings.
Under current law, when a child or juvenile is removed from his or her home in
a CHIPS proceeding or a proceeding under the Juvenile Justice Code, the county
department of human services or social services, the Department of Children and
Families in Milwaukee County, or the child welfare agency primarily responsible for
providing services to the child or juvenile is required to provide a notice to adult
relatives, other than a parent, of the child or juvenile advising that relative of his or
her options to participate in the care and placement of the child. Under this bill, an
adult relative who receives such a notice has no more than four months from receipt
of the notice to indicate his or her willingness to participate in the care and placement
of the child or juvenile.
This bill requires a judge who is overseeing a CHIPS proceeding or a proceeding
under the Juvenile Justice Code, when changing the placement of a child or juvenile
from a foster home or other placement outside of the home to another placement
outside of the home, to make a finding that the change in placement is in the best
interest of the child or juvenile. The bill also states that there is no presumption that
removing a child or juvenile from a foster home or other out-of-home placement to
place the child or juvenile with a relative other than a parent is in the best interest
of the child or juvenile.
Under current law, whenever a dispositional order is entered in a CHIPS
proceeding, if there is no less drastic alternative for a child than transferring custody
from the parent, the judge shall consider transferring custody to a relative whenever
possible. Under this bill, the judge may only transfer custody to a relative if it is in
the best interest of the child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows: