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Bills from the 2009–10 session

Assembly Bill 164

Notice of intent to remove a child from the home of a relative and review of decisions or orders involving the placement and care of a child placed in the home of a relative

Topics: Children and Families, Department of, Children: Protection and services, County: Human services, Family

Became law

The governor signed it on Dec 2, 2009. It's ⁠.

  1. Introduced, passed

    Mar 19, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Sep 22, 2009

  4. Senate vote, passed

    Passed Nov 5, 2009

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 81

Latest entry in the official record, Dec 2, 2009: “Published 12-15-2009.”

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if a child has been placed in a foster home, treatment foster home, or group home for six months or longer, the Department of Children and Families (DCF), the Department of Corrections, the county department of human services or social services (county department), or licensed child welfare agency (collectively, "agency") that placed the child must give the head of the home written notice of intent to remove the child from the home, stating the reasons for the removal. In those cases, the child may not be removed from the home before completion of a hearing before DCF or the circuit court to review the removal decision, if a hearing has been requested, or 30 days after receipt of the notice of intent to remove, whichever is later, unless the safety of the child requires removal.

Also, under current law, any decision or order issued by an agency that affects the head of a foster home, treatment foster home, or group home or the children involved may be appealed to DCF under fair hearing procedures. Under those procedures, the head of the home is entitled to be represented by counsel, to examine documents and records, to bring witnesses, to confront and cross-examine adverse witnesses, and to have judicial review of DCF's decision.

Read the full summary

In addition, under current law, an interested party may file a petition with the circuit court for the county where a child is placed alleging that a decision or order of the agency supervising the child's placement is not in the best interests of the child.

On receipt of a petition, the circuit court may call a hearing for the purpose of reviewing the decision or order. If the child is placed in a foster home, the foster parent may present relevant evidence at the hearing.

This bill grants to a relative, other than a parent, in whose home a child is placed the same procedural rights relating to notice of intent to remove a child from the home and review of decisions or orders involving the placement and care of the child that are granted a foster parent under current law. Specifically, under the bill:

1. The agency that placed the child in the home of the relative must give the relative written notice of intent to remove the child from the home, stating the reasons for the removal, and the child may not be removed from the home before completion of a hearing before DCF or the circuit court to review the removal decision, if a hearing has been requested, or 30 days after receipt of the notice of intent to remove, whichever is later, unless the safety of the child requires removal.

2. Any decision or order issued by an agency that affects the relative or the child may be appealed to DCF under fair hearing procedures that include the rights to be represented by counsel, to examine documents and records, to bring witnesses, to confront and cross-examine adverse witnesses, and to have judicial review of DCF's decision.

3. The relative may file a petition with the circuit court for the county where the child is placed alleging that a decision or order of the agency supervising the child's placement is not in the best interests of the child, the circuit court may call a hearing for the purpose of reviewing the decision or order, and the relative may present relevant evidence at the hearing.

Who's behind it

11 lawmakers are its ⁠. 10 are Democrats and 1 is a Republican.

2 more lawmakers ⁠.

See all 13 names

Authors (11)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Assembly Committee on Children and Families vote on an amendment

Passed, 7 to 0 · Sep 4, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Children and Families, Ayes 7, Noes 0”. Official record · This vote on its own page

Assembly Committee on Children and Families vote to recommend it

Passed, 7 to 0 · Sep 4, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by committee on Children and Families, Ayes 7, Noes 0”. Official record · This vote on its own page

Senate Committee on Children and Families and Workforce Development vote to recommend it

Passed, 5 to 0 · Oct 22, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by committee on Children and Families and Workforce Development, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Dec 2, 2009

    The new law was published.

  2. Dec 2, 2009

    The governor signed it. It became 2009 Wisconsin Act 81.

  3. Nov 30, 2009

    Sent to the governor.

  4. Nov 5, 2009

    The Senate passed it too.

  5. Nov 3, 2009

    A state agency sent in its estimate of the cost.

  6. Nov 2, 2009

    A state agency sent in its estimate of the cost.

  7. Oct 22, 2009

    The committee voted to recommend passing it, 5 to 0.

  8. Oct 21, 2009

    The committee held a public hearing.

  9. Sep 24, 2009

    Sent to the Senate Committee on Children and Families and Workforce Development.

  10. Sep 23, 2009

    The Senate received it.

  11. Sep 22, 2009

    The Assembly passed it.

  12. Sep 22, 2009

    The Assembly adopted it.

  13. Sep 4, 2009

    Sent to the Assembly Committee on Rules.

  14. Sep 4, 2009

    The committee voted to recommend passing it, 7 to 0.

  15. Aug 5, 2009

    The committee held a public hearing.

  16. Aug 5, 2009

    A state agency sent in its estimate of the cost.

  17. Mar 26, 2009

    A state agency sent in its estimate of the cost.

  18. Mar 19, 2009

    Sent to the Assembly Committee on Children and Families.

  19. Mar 19, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 19, 2009 · Assembly

    Introduced by Representatives Grigsby, Seidel, Sinicki, Berceau, Pasch, Toles, A. Williams, Fields, Ballweg, Turner and Young;Cosponsored by Senators Taylor and Lassa

  2. Mar 19, 2009 · Assembly

    Read first time and referred to committee on Children and Families

  3. Mar 26, 2009 · Assembly

    Fiscal estimate received

  4. Aug 5, 2009 · Assembly

    Fiscal estimate received

  5. Aug 5, 2009 · Assembly

    Public hearing held

  6. Aug 19, 2009 · Assembly

    Executive action taken

  7. Aug 19, 2009 · Assembly

    Assembly amendment 1 offered by committee on Children and Families

  8. Aug 26, 2009 · Assembly

    LRB correction

  9. Sep 4, 2009 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Children and Families, Ayes 7, Noes 0

  10. Sep 4, 2009 · Assembly

    Report passage as amended recommended by committee on Children and Families, Ayes 7, Noes 0

  11. Sep 4, 2009 · Assembly

    Referred to committee on Rules

  12. Sep 17, 2009 · Assembly

    Placed on calendar 9-22-2009 by committee on Rules

  13. Sep 22, 2009 · Assembly

    Read a second time

  14. Sep 22, 2009 · Assembly

    Assembly amendment 1 adopted

  15. Sep 22, 2009 · Assembly

    Ordered to a third reading

  16. Sep 22, 2009 · Assembly

    Rules suspended

  17. Sep 22, 2009 · Assembly

    Read a third time and passed

  18. Sep 22, 2009 · Assembly

    Ordered immediately messaged

  19. Sep 23, 2009 · Senate

    Received from Assembly

  20. Sep 24, 2009 · Senate

    Read first time and referred to committee on Children and Families and Workforce Development

  21. Oct 21, 2009 · Senate

    Public hearing held

  22. Oct 22, 2009 · Senate

    Executive action taken

  23. Oct 22, 2009 · Senate

    Report concurrence recommended by committee on Children and Families and Workforce Development, Ayes 5, Noes 0

  24. Oct 22, 2009 · Senate

    Available for scheduling

  25. Nov 2, 2009 · Senate

    Fiscal estimate received

  26. Nov 2, 2009 · Senate

    Fiscal estimate received

  27. Nov 3, 2009 · Senate

    Fiscal estimate received

  28. Nov 4, 2009 · Senate

    Placed on calendar 11-5-2009 by committee on Senate Organization

  29. Nov 5, 2009 · Senate

    Read a second time

  30. Nov 5, 2009 · Senate

    Ordered to a third reading

  31. Nov 5, 2009 · Senate

    Rules suspended

  32. Nov 5, 2009 · Senate

    Read a third time and concurred in

  33. Nov 5, 2009 · Senate

    Ordered immediately messaged

  34. Nov 5, 2009 · Assembly

    Received from Senate concurred in

  35. Nov 12, 2009 · Assembly

    Report correctly enrolled

  36. Nov 30, 2009 · Assembly

    Presented to the Governor on 11-30-2009

  37. Dec 2, 2009 · Assembly

    Report approved by the Governor on 12-1-2009. 2009 Wisconsin Act 81

  38. Dec 2, 2009 · Assembly

    Published 12-15-2009.

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote