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Bills from the 2009–10 session

Senate Bill 346

Required judicial findings and orders when a child is placed outside the home, termination of parental rights warnings, mandatory child abuse or neglect reporters, the confidentiality of social services records, changing from day care to child care the term used to describe care and supervision for children for less than 24 hours a day, and renumbering the definition of neglect

Topics: Children and Families, Department of, Children: Abuse and neglect, Children: Protection and services, County: Human services, Day care, Juvenile court, Privacy

Passed the Senate, then stopped

The Senate passed it on Nov 5, 2009, but the Assembly never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Oct 12, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Nov 5, 2009

  4. Assembly vote, stopped here

    Stopped here. The Assembly never voted on it.

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ⁠”

Read the bill

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What it would have done

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

Introduction This bill makes various changes to the Children's Code and the Juvenile Justice Code, including changes relating to required judicial findings and orders when a child is placed outside the home, termination of parental rights (TPR) warnings, mandatory child abuse or neglect reporters, the confidentiality of social services records, changing from "day care" to "child care" the term used to describe care and supervision for children for less than 24 hours a day, and renumbering from the section of the Children's Code relating to child abuse and neglect reporting to the definitions section of that code the definition of "neglect."

Required judicial findings and orders when child placed outside the home Under current law, a court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court) is required to include in a dispositional order placing a child outside the home, in an extension of a dispositional order continuing the placement of a child outside the home, and in a consent decree maintaining a child in a placement outside the home findings that continued placement of the child in the home would be contrary to the welfare of the child, that reasonable efforts have been made to prevent the removal of the child from the home, and that reasonable efforts have been made to achieve the goal of the child's permanency plan, which is a plan designed to ensure that the child is reunified with his or her family whenever appropriate or that the child quickly attains a placement providing long-term stability.

Read the full summary

The juvenile court, however, is not required to make a finding that reasonable efforts have been made to achieve the goal of the child's permanency plan if return of the child to the home is the goal of the permanency plan and the juvenile court has found that a parent has committed certain crimes of homicide against a child of the parent; has committed battery, sexual assault, or physical or sexual abuse resulting in great bodily harm or substantial bodily harm to a child of the parent; has had his or her parental rights terminated with respect to another child; or has subjected the child to aggravated circumstances, which are defined as including criminal abandonment, torture, chronic abuse, and sexual abuse. This bill eliminates that exception to the requirement that the juvenile court make a finding that reasonable efforts have been made to achieve the goal of the child's permanency plan.

TPR warnings Under current law, when the juvenile court orders a child to be placed outside the home because the child has been adjudged to be in need of protection or services under a dispositional order, a change-in-placement order, a revision of a dispositional order, or an extension of a dispositional order, the juvenile court is required to inform orally the parent or parents who appear in juvenile court of any grounds for TPR that may be applicable and of the conditions necessary for the child to be returned to the home. This bill requires a TPR warning to be given also when the juvenile court orders a child to be placed outside the home because the child has been adjudged delinquent and when the juvenile court holds a hearing to review a child's permanency plan.

Mandatory child abuse or neglect reporters Current law requires certain persons who have reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected to report that suspected abuse or neglect to the sheriff or police department or to the county department or, in Milwaukee County, the Department of Children and Families (DCF) or a child welfare agency under contract with DCF (mandatory reporter). Currently, a child care worker in a group home that is authorized solely to provide a safe and structured living arrangement for children 12 years of age or over who are custodial parents or expectant mothers is a mandatory reporter. This bill makes a child care worker in any group home a mandatory reporter.

Confidentiality of social services records Under the current Juvenile Justice Code, the Department of Corrections (DOC), a county department, or a child welfare agency, subject to certain exceptions, is required to maintain the confidentiality of records kept or information received about an individual who is or was in its care or legal custody. Under the current Children's Code, DCF, a county department, a child welfare agency, or a day care center (collectively "agency"), subject to certain exceptions, is required to maintain the confidentiality of records kept or information received about an individual who is currently in its care or legal custody. This bill conforms the Children's Code to the Juvenile Justice Code by requiring an agency to maintain the confidentiality of records kept or information received about an individual who is or was in its care or legal custody.

Child care Current law requires a person who for compensation provides care and supervision for four or more children under the age of seven for less than 24 hours a day to obtain a license from DCF to operate a day care center. Current law also permits a school board to provide or contract for the provision of day care programs for children. In addition, current law requires a person who is not licensed to operate a day care center or who is not under contract with a school board to provide a day care program to be certified as a day care provider by a county department of human services or social services to receive reimbursement under the Wisconsin Works program for child care services provided by the person. Current law also includes numerous other references to facilities and services involved in the care of children for less than 24 hours a day that include the term "day care." This bill changes the term used to describe care and supervision for children for less than 24 hours a day from "day care" to "child care."

Neglect Under current law, "neglect" is defined in the section of the Children's Code relating to child abuse and neglect reporting as failure, refusal, or inability on the part of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child. This bill moves that definition to the definitions section of the Children's Code, thereby making it applicable throughout that code.

Who's behind it

Robert Jauch, a Democrat, is its ⁠.

1 more lawmaker ⁠.

See all 2 names

Author (1)

Signed on in support (1)

How lawmakers voted

There was one vote on this bill.

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 passage 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. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Nov 10, 2009

    Sent to the Assembly Committee on Rules.

  3. Nov 10, 2009

    The Assembly received it.

  4. Nov 5, 2009

    The Senate passed it.

  5. Oct 22, 2009

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

  6. Oct 21, 2009

    The committee held a public hearing.

  7. Oct 12, 2009

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

  8. Oct 12, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Oct 12, 2009 · Senate

    Introduced by Senator Jauch;Cosponsored by Representative Dexter

  2. Oct 12, 2009 · Senate

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

  3. Oct 21, 2009 · Senate

    Public hearing held

  4. Oct 22, 2009 · Senate

    Executive action taken

  5. Oct 22, 2009 · Senate

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

  6. Oct 22, 2009 · Senate

    Available for scheduling

  7. Nov 4, 2009 · Senate

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

  8. Nov 5, 2009 · Senate

    Read a second time

  9. Nov 5, 2009 · Senate

    Ordered to a third reading

  10. Nov 5, 2009 · Senate

    Rules suspended

  11. Nov 5, 2009 · Senate

    Read a third time and passed

  12. Nov 5, 2009 · Senate

    Ordered immediately messaged

  13. Nov 10, 2009 · Assembly

    Received from Senate

  14. Nov 10, 2009 · Assembly

    Read first time and referred to committee on Rules

  15. Apr 28, 2010 · Assembly

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. 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

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

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

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

Roll call

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

Official term: Roll call vote