2023 - 2024 LEGISLATURE
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2023 SENATE BILL 81
February 21, 2023 - Introduced by Senators JACQUE, BALLWEG and TOMCZYK,
cosponsored by Representatives MURPHY, ROZAR, BRANDTJEN, BROOKS,
MURSAU, WICHGERS and BEHNKE. Referred to Committee on Mental Health,
Substance Abuse Prevention, Children and Families.
1 AN ACT to amend 48.78 (2) (a) and 938.78 (2) (a); and to create 48.38 (5) (dm),
2 48.38 (5m) (dm), 938.38 (5) (dm) and 938.38 (5m) (dm) of the statutes; relating
3 to: providing permanency plan and comments to out-of-home care providers
4 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 the Department of Children and
Families in Milwaukee County 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, or nonrelative in
whose home a child or juvenile is placed, or the operator of a group home, residential
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SENATE BILL 81
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:
1 SECTION 1. 48.38 (5) (dm) of the statutes is created to read:
2 48.38 (5) (dm) The agency that prepared the permanency plan may provide a
3 copy of the permanency plan and any written comments submitted under par. (bm)
4 1. to the out-of-home care provider of the child. A permanency plan provided to an
5 out-of-home care provider of the child under this paragraph shall be redacted to
6 protect information that is required to remain confidential, including confidentiality
7 under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
8 49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
9 remain confidential under federal law.
10 SECTION 2. 48.38 (5m) (dm) of the statutes is created to read:
11 48.38 (5m) (dm) The agency that prepared the permanency plan may provide
12 a copy of the permanency plan and any written comments submitted under par. (c)
13 1. to the out-of-home care provider of the child. A permanency plan provided to an
14 out-of-home care provider of the child under this paragraph shall be redacted to
15 protect information that is required to remain confidential, including confidentiality
16 under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
17 49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
18 remain confidential under federal law.
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SENATE BILL 81 SECTION 3
1 SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
2 48.78 (2) (a) No agency may make available for inspection or disclose the
3 contents of any record kept or information received about an individual who is or was
4 in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5)
5 (b) or, (d), or (dm) or (5m) (d) or (dm), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48
6 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or
7 938.78 or by order of the court.
8 SECTION 4. 938.38 (5) (dm) of the statutes is created to read:
9 938.38 (5) (dm) The agency that prepared the permanency plan may provide
10 a copy of the permanency plan and any written comments submitted under par. (bm)
11 1. to the out-of-home care provider of the child. A permanency plan provided to an
12 out-of-home care provider of the child under this paragraph shall be redacted to
13 protect information that is required to remain confidential, including confidentiality
14 under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
15 49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
16 remain confidential under federal law.
17 SECTION 5. 938.38 (5m) (dm) of the statutes is created to read:
18 938.38 (5m) (dm) The agency that prepared the permanency plan may provide
19 a copy of the permanency plan and any written comments submitted under par. (c)
20 1. to the out-of-home care provider of the child. A permanency plan provided to an
21 out-of-home care provider of the child under this paragraph shall be redacted to
22 protect information that is required to remain confidential, including confidentiality
23 under s. 48.396 (1) and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7),
24 49.83, 51.30 (4), 118.125 (2), 146.82 (1), or 938.396 (1) and (2), or that is required to
25 remain confidential under federal law.
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SENATE BILL 81 SECTION 6
1 SECTION 6. 938.78 (2) (a) of the statutes is amended to read:
2 938.78 (2) (a) No agency may make available for inspection or disclose the
3 contents of any record kept or information received about an individual who is or was
4 in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
5 (bm) or (c) 1r., 938.371, 938.38 (5) (b) or, (d), or (dm) or (5m) (d) or (dm), 938.396 (2m)
6 (c) 1r., 938.51, or 938.57 (2m) or by order of the court.
7 SECTION 7.0Initial applicability.
8 (1) PERMANENCY PLAN TO AN OUT-OF-HOME CARE PROVIDER. This act first applies
9 to a permanency review or permanency hearing on the 30th day after the effective
10 date of this subsection.
11 (END)


Statutes affected:
Bill Text: 48.78(2)(a), 48.78, 938.78(2)(a), 938.78