SB 61 — Relating to: a minor contracting for admission to a shelter facility or transitional living program.

- 2020 LEGISLATURE LRBa0133/1LRB-2086/1 EHS:kjf SENATE AMENDMENTBILL 61 March 1, TO2019 SENATE- BILLIntroduced 61by AprilSenators 8,D 2019ARLING -, OfferedOHNSON , OLSEN and R INGHAND , cosponsored by SenatorARLING.Representatives L OUDENBECK , NYDER , BALLWEG , ELZKOWSKI , FIELDS, HORLACHER , KNODL , OLSTE , MURSAU , PLUMER , INICKI, SKOWRONSKI , SUBECK , C.T AYLOR, THIESFELDT , ITTL, TUSLER and Z IMMERMAN .

AtReferred theto locationsCommittee indicated,on amendUniversities, theTechnical billColleges, asChildren follows:and Families.

1.A N A CT to create 48.9875 of the statutes;

Pagerelating 2,to: line 3:

deletea “homeless".minor contracting for admission to a shelter facility or transitional living program.

2.Analysis by the Legislative Reference Bureau Under this bill, a minor is presumed to be competent to contract for admission to a shelter facility or transitional living program if the minor is 17 years of age;

Pagea 2,local lineeducational 11:agency liaison designated under the federal McKinney–Vento Homeless Assistance Act confirms that the minor is an unaccompanied youth as defined under that act;

deleteand linesthe 11minor is not under the supervision of a county department of social or human services, a licensed child welfare agency, the Department of Children and Families, or the Department of Corrections under the Children's Code or the Juvenile Justice Code or under the jurisdiction of the court assigned to 13exercise jurisdiction under the Children's Code and substitute:the Juvenile Justice Code.

“(c)Under One of the followingbill, confirmsa thatshelter thefacility minor is ana unaccompaniedtemporary youthplace asof definedlodging underfor 42homeless USCindividuals 11434aor (6):families.

1.Under the McKinney–Vento Homeless Assistance Act, an unaccompanied youth is a homeless child or youth not in the physical custody of a parent or guardian.

AThe localbill educationalexempts agencythis liaisontype designatedof undercontract 42with USCa 11432minor (g)from (1)the (J)defense (ii)of whoinfancy, haswhich obtainedunder thecurrent minor'slaw consentis a defense to discloseliability theunder minor'sa statuscontract asthat anis unaccompaniedavailable youth.to minors.

2.The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

If- a2020 localLegislature education- agency2 liaison- isLRB-2086/1 notEHS:kjf available,SENATE anBILL employee61 ofSECTION the1 shelterSECTION facility1. or transitional living program who conducts intake.”.

48.9875 of the statutes is created to read:

48.9875 Minor consent for housing.

(1) In this section, “shelter facility” means a temporary place of lodging for homeless individuals or families.

(2) A minor shall be presumed to be qualified and competent to contract for admission to a shelter facility or transitional living program, if all of the following apply:

(a) The minor is 17 years of age.

(b) The minor is not under the supervision of a county department, a child welfare agency, the department, or the department of corrections under this chapter or ch.

938 or under the jurisdiction of the court.

(c) A local educational agency liaison designated under 42 USC 11432 (g) (1) (J) (ii) confirms that the minor is an unaccompanied youth as defined under 42 USC 11434a (6).

(3) The defense of infancy does not apply to any contract with a minor under sub.

(2).