Wisconsin 2019-2020 Regular Session Status: Passed Assembly 10 R cosponsors

AB 563 — Relating to: providing permanency plan and comments to foster parents and foster children over the age of 12 in advance of a permanency plan review or hearing. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

99 added · 152 removed

Plain-language change summary

The recent amendment to Assembly Bill 563 adds a requirement for foster parents and children aged 12 and older to receive copies of their permanency plans and any comments related to those plans before a review or hearing. This change ensures that key stakeholders—specifically older foster youth and their caregivers—are better informed and can actively participate in discussions about their futures. By involving these individuals, the amendment aims to enhance transparency and improve the decision-making process regarding children's living arrangements.

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- 2020 LEGISLATURE LRBs0179/1 EAW:kjf&ahe ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 563 December 11, 2019 - Offered by Representative D ITTRICH.
- 2020 LEGISLATURE LRB-4151/1 EAW:kjf ASSEMBLY BILL 563 October 23, 2019 - Introduced by Representatives M URPHY, CONSIDINE, BALLWEG , DITTRICH, FELZKOWSKI , HORLACHER , AMES , KATSMA, KERKMAN , ULP , URTZ , M AGNAFICI, MILROY, MURSAU , RAMTHUN , TUSLER, THIESFELDT, TRANEL, BORN , VANDER M EERand T ITT, cosponsored by Senators ACQUE , LSEN and DARLING .
A N A CT to create 48.64 (5) of the statutes;
Referred to Committee on Family Law.
A N A CT to renumber and amend 48.38 (5) (d) and 48.38 (5m) (d);
and to create 48.38 (5) (d) 1.
c., 48.38 (5) (d) 2.
(intro.), 48.38 (5m) (d) 1.
c.
and 48.38 (5m) (d) 2.
(intro.) of the statutes;
providing information to out-of-home care providers.
providing permanency plan and comments to foster parents and foster children over the age of 12 in advance of a permanency plan review or hearing.
Analysis by the Legislative Reference Bureau Under current law, the Department of Children and Families administrative code requires an agency that is placing a child in out-of-home care to provide certain information to the out-of-home care provider.
Analysis by the Legislative Reference Bureau This bill adds a child's foster parent and a child in foster care who is 12 years or older to the list of individuals that receive a copy of a permanency plan and any written comments submitted to the agency that is preparing the permanency plan before a permanency review and a permanency hearing.
Under current administrative code, an agency is required to provide, among other things, information pertaining to medical needs, upcoming appointments, and educational programming.
Under current law, the agency that prepared the permanency plan is required to send a copy of the plan and the written comments that the agency received on the plan to members of the review panel;
This bill creates a statutory provision that mirrors the current DCF administrative code on what information must be provided to an out-of-home care provider, and specifies that the information must include eligibility for services and an individualized education program, if applicable.
the child's parent, guardian, and 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 Indian child's Indian custodian and tribe.
- 2020 Legislature - 2 - LRB-4151/1 EAW:kjf ASSEMBLY BILL 563 For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
48.64 (5) of the statutes is created to read:
48.38 (5) (d) of the statutes is renumbered 48.38 (5) (d) 1.
48.64 (5) INFORMATION SHARING.
(intro.) and amended to read:
(a) In this subsection:
48.38 (5) (d) 1.
LRBs0179/1 - 2020 Legislature - 2 - EAW:kjf&ahe SECTION 1 1.
(intro.) Notwithstanding s.
“Agency” does not include the department of corrections.
48.78 (2) (a),The agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to eacha copy of the permanency plan and any written comments submitted under par.
(bm) 1.
to all of the following:
a.
Each person appointed to the review panel, the.
b.
The child's parent, guardian, and legal custodian, the.
d.
The person representing the interests of the public, the.
e.
The child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate, and, if f.
If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe a copy of the permanency plan and any written comments submitted under par.
(bm) 1.
Notwithstanding s.
48.78 (2) (a), a .
“Allegation” means an allegation of delinquency or a criminal charge against a child or the child's family for which there has not been a finding by a governmental body or court or a statement regarding the child or the child's family that is not substantiated by evidence, except “allegation" does not include any of the following:
An interpretation of information made by a professional individual involved in the child's treatment.
A person appointed to a review panel, the.
An allegation of delinquency, charge, or statement that, in whole or in part, formed the basis for the child's removal from his or her home.
The person representing the interests of the public, the.
In the case of a juvenile who has been adjudicated delinquent, any additional allegations of delinquency read into the record at the time of adjudication.
The child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate, and, if d.
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(b) Before a prospective out-of-home care provider agrees to placement of a child, the agency shall do all of the following:
If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have LRB-4151/1 - 2020 Legislature - 3 - EAW:kjf SECTION 1 ASSEMBLY BILL 563 access to any other records concerning the child for the purpose of participating in the review.
1.
Gather all available information about the child and the child's family that is required under par.
(e).
2.
Enter the information on the forms under par.
(e) or attach another document that contains the information to the appropriate form.
Provide the forms prescribed under par.
A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
(e) and any attached documents to the prospective out-of-home care provider.
SECTION 2.
48.38 (5) (d) 1.
c.
of the statutes is created to read:
48.38 (5) (d) 1.
c.
The child's foster parent and, if the child has been placed in a foster home and has attained the age of 12 years at the time of the review, the child.
SECTION 3.
48.38 (5) (d) 2.
(intro.) of the statutes is created to read:
48.38(5) (d) 2.
(intro.) An agency, as defined under s.
48.78 (1) may grant access to any other records concerning the child to any of the following individuals for the purpose of participating in the review:
SECTION 4.
48.38 (5m) (d) of the statutes is renumbered 48.38 (5m) (d) 1.
(intro.) and amended to read:
48.38 (5m) (d) 1.
(intro.) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under par.
The agency shall make a reasonable attempt to gather information required under par.
to the all of the following individuals:
(e) that was not available to the agency when the agency provided the forms to the prospective out-of-home care provider.
a.
The agency shall provide the out-of-home care provider with information it receives after providing the forms to the out-of-home care provider, as follows:
The court, to the.
LRBs0179/1 - 2020 Legislature - 3 - EAW:kjf&ahe S ECTION 1 a.
For information required under par (e) 1.
to 8., as soon as possible, but no later than 2 days after the date that the child is placed with the out-of-home care provider.
For information required under par.
The child's parent, guardian, and legal custodian, to the.
(e) 9.
d.
to 15., as soon as possible, but no later than 7 days after the date that the child is placed with the out-of-home care provider, except that the agency shall provide information that the agency determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider to the out-of-home care provider no later than 2 days after receiving the information.
The person representing the interests of the public, to the.
2.
e.
If the agency receives information required under par.
The child's counsel or, the child's guardian ad litem, to and the child's court-appointed special advocate, and, if.
(e) after the deadlines in subd.
f.
1.
If the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, to the Indian child's Indian custodian and tribe.
have passed, the agency shall provide the information to the out-of-home care provider as soon as possible, but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider no later than 2 days after receiving the information.
Notwithstanding s.
(d) Notwithstanding pars.
48.78 (2) (a), the - 2020 Legislature - 4 - LRB-4151/1 EAW:kjf ASSEMBLY BILL 563 S ECTION 4 2.
(b) and (c), the agency may not provide a prospective or actual out-of-home care provider with information regarding the child or the child's family that is an allegation unless the agency determines that, if substantiated, the allegation would have a significant impact on the success of the placement and related services or on the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community.
a.
If the agency informs the out-of-home care provider of an allegation about the child or the child's family, the agency shall record the allegation in the child's case record and shall include the justification for providing the information.
Theperson representing the interests of the public, the.
LRBs0179/1 - 2020 Legislature - 4 - EAW:kjf&ahe SECTION 1 (e) An agency shall use forms prescribed by the department to provide information about the child and the child's family to a prospective or actual out-of-home care provider under this section.
b.
The forms shall include requests for all of the following information:
The child's counsel or, the child's guardian ad litem, and the child's court-appointed special advocate, and.
1.
if c.
Child information, including the child's name, date of birth, physical characteristics, tribal affiliation, the spiritual or religious affiliation of the child or family, and the date the child is placed in out-of-home care.
If the child is an Indian child who is placed outside of the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe may have access to any other records concerning the child for the purpose of participating in the review.
2.
Parent or guardian contact information.
Significant contact information, including agency contacts, emergency contact person, persons who are allowed to have contact with the child, prohibited contacts and visitors, and sibling information.
A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
4.
S ECTION 5.
Medical information, including providers, health insurance coverage, medications, scheduled medical or mental health appointments, eligibility for services, and immunization record.
48.38 (5m) (d) 1.
5.
c.
Information on the school or child care that the child currently attends or most recently attended and the child's educational programming, including an individualized education program for the child, if applicable.
of the statutes is created to read:
6.
48.38 (5m) (d) 1.
Life functioning, including formula or feeding restrictions, special medical equipment, allergies, therapeutic exercises, eligibility for services, and activity restrictions.
c.
7.
The child's foster parent and, if the child has been placed in a foster home and has attained the age of 12 years at the time of the hearing, the child.
Considerations for making reasonable and prudent parenting decisions.
S ECTION 6.
8.
48.38 (5m) (d) 2.
Any additional information critical to the care of the child.
(intro.) of the statutes is created to read:
9.
48.38 (5m) (d) 2.
Placement reasons.
(intro.) An agency, as defined under s.
10.
48.78 (1) may grant access to any other records concerning the child to any of the following individuals for the purpose of participating in the review:
Contact information for the child's guardian ad litem and legal counsel.
11.
Placement history, permanence goal, and concurrent permanence goal.
LRBs0179/1 - 2020 Legislature - 5 - EAW:kjf&ahe SECTION 1 12.
Information on the well-being of the child, including the child's trauma history and developmental, medical, cultural, emotional, behavioral, and educational needs.
13.
Qualifications or needs of the out-of-home care provider.
14.
A list of important documents and records regarding the child that have been given to the out-of-home care provider.
15.
A plan for managing challenging behaviors, including a list of the child's behaviors that may lead to health or safety concerns, warning signs of escalating behaviors, steps to take in response to those escalations, and the agency's reporting requirements.
(f) An agency is not required to provide information under this subsection if the agency determines that one of the following applies:
1.
The information is confidential information that the agency does not have access to, and the agency has made a reasonable effort to obtain the information.
2.
The information is not critical to the success of the placement and related treatment or services and failing to provide the information does not jeopardize the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community.
(g) An agency shall provide detailed documentation in the narrative section of the child's case record for any information that the agency does not provide under par.
(f).
The documentation shall specify the information or type of information that was not provided to the out-of-home care provider, the reason for not providing the information, the name of the agency representative who made the decision to not provide that information, the date the decision was made, and written approval by that person's supervisor or the supervisor's designee.
LRBs0179/1 - 2020 Legislature - 6 - EAW:kjf&ahe S ECTION 1 (h) Except as permitted under s.
252.15 (6), an out-of-home care provider that receives any information under this chapter shall keep the information confidential and may disclose the information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.
(i) When an agency first provides any information regarding a child to the out-of-home care provider, the agency shall inform the out-of-home care provider of all confidentiality requirements mandated under state or federal law, including the confidentiality requirements under ss.
48.396, 48.78, 48.981 (7), 51.30, 118.125, 146.82, 252.15, 938.396, and 938.78, and any agency policy.
The agency shall also inform the out-of-home care provider of any penalties that may be imposed for violating the confidentiality rights of the child and the child's family.
(j) The agency providing information about a child under this subsection shall require that the information and any related documents be maintained by the out-of-home care provider in a manner that would prohibit access to the information by the child, any other children in the care of the out-of-home care provider, and any other party whose access to the information is prohibited.
SECTION 20Initial applicability.
(1) This act first applies to an agency that places a child with an out-of-home care provider on the effective date of this subsection.
SECTION 3.Effective date.
(1) This act takes effect on the 30th day after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Universities, Technical Colleges, Children and Families

  3. Senate Substitute Amendment 1 offered by Senator Jacque

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Substitute Amendment 1 adopted

  10. Read a second time

  11. Placed on calendar 1-15-2020 by Committee on Rules

  12. Referred to committee on Rules

  13. Report passage as amended recommended by Committee on Family Law, Ayes 9, Noes 0

  14. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Family Law, Ayes 9, Noes 0

  15. Executive action taken

  16. Representative Snyder added as a coauthor

  17. Assembly Substitute Amendment 1 offered by Representative Dittrich

  18. Fiscal estimate received

  19. Representative Edming added as a coauthor

  20. Public hearing held

  21. Read first time and referred to Committee on Family Law

  22. Introduced by Representatives Murphy, Considine, Ballweg, Dittrich, Felzkowski, Horlacher, James, Katsma, Kerkman, Kulp, Kurtz, Magnafici, Milroy, Mursau, Ramthun, Tusler, Thiesfeldt, Tranel, Born, VanderMeer and Tittl; cosponsored by Senators Jacque, Olsen and Darling

Sponsors

Sponsorship breakdown

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21 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (21)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 563?
AB 563 is sponsored by Murphy, David (Republican), Considine, Ballweg, Felzkowski, Mary (Republican), Horlacher, James, Katsma, Kerkman, Kulp, Magnafici, Milroy, Mursau, Jeffrey (Republican), Ramthun, Tusler, Ron (Republican), Thiesfeldt, Tranel, Travis (Republican), Born, Mark (Republican), VanderMeer, Nancy (Republican), Tittl, Paul (Republican), Kurtz, Tony (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 563?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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