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Wisconsin Legislature: AB1196: Bill Text
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AB1196: Bill Text
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2025 - 2026 LEGISLATURE
LRB-3521/1
EHS:emw
2025 ASSEMBLY BILL 1196
March 19, 2026 - Introduced by Representatives
Clancy
,
Hong
,
Madison
,
Tenorio
,
Arney
,
Goodwin
,
Miresse
,
Palmeri
and
Stubbs
. Referred to Committee on Children and Families.
AB1196,1,3
1
An Act
to renumber and amend
48.227 (1);
to amend
48.227 (2) and 48.227
2
(3);
to create
48.227 (1a) of the statutes;
relating to:
authorizing a respite
3
care provider home to be a runaway home.
Analysis by the Legislative Reference Bureau
This bill adds a respite care provider home to the entities that may provide housing or services to a child runaway, which, under current law, include a licensed foster home, group home, and shelter. Under the bill, a “respite care provider home” is the home of a person who has been approved in accordance with rules promulgated by the Department of Children and Families to provide respite services or emergency care to a foster child during a foster parent’s absence by DCF, a county department of human services or social services, or a licensed child welfare agency.
Under current law, a licensed foster home, group home, or shelter may provide housing or services to a child runaway if both the child and his or her parent, guardian, or legal custodian consent to the provision of housing or services. If the parent, guardian, or legal custodian does not consent, the foster home, group home, or shelter must notify the agency responsible for providing child welfare services of the child’s presence in the home or shelter within 12 hours of the child’s arrival at the home or shelter. After such notification, the agency must notify the parent, guardian, and legal custodian as soon as possible of the child’s presence in that home. Under current law, a hearing is then held to determine whether the child must be returned to the parent, guardian, or legal custodian or is permitted to stay at the foster home, group home, or shelter for up to 20 days. Under the bill, these provisions also apply to a respite care provider home.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1196,1
1
Section
1
.
48.227 (1) of the statutes is renumbered 48.227 (1m) and
2
amended to read:
AB1196,2,10
3
48.227
(1m)
Nothing contained in this section prohibits a home licensed
4
under s. 48.48 or 48.75
or a respite care provider home
from providing housing and
5
services to a runaway child with the consent of the child and the consent of the
6
child’s parent, guardian
,
or legal custodian, under the supervision of a county
7
department, a child welfare agency
,
or the department. When the parent,
8
guardian
,
or legal custodian and the child both consent to the provision of these
9
services and the child has not been taken into custody, no hearing as described in
10
this section is required.
AB1196,2
11
Section
2
.
48.227 (1a) of the statutes is created to read:
AB1196,2,16
12
48.227
(1a)
In this section, “respite care provider home” means the home of a
13
person who has been approved in accordance with rules promulgated by the
14
department under s. 48.67 to provide respite services or emergency care to a foster
15
child during a foster parent’s absence by the department, a county department, or
16
a child welfare agency licensed to place children in foster homes.
AB1196,3
17
Section
3
.
48.227 (2) of the statutes is amended to read:
AB1196,3,7
18
48.227
(2)
Any person who operates a home under sub.
(1)
(1m)
and licensed
19
under s. 48.48 or 48.75
or a respite care provider home
, when engaged in sheltering
20
a runaway child without the consent of the child’s parent, guardian
,
or legal
1
custodian, shall notify the intake worker of the presence of the child in the home
2
within 12 hours. The intake worker shall notify the parent, guardian
,
and legal
3
custodian as soon as possible of the child’s presence in that home. A hearing shall
4
be held under sub. (4). The child shall not be removed from the home except with
5
the approval of the court under sub. (4). This subsection does not prohibit the
6
parent, guardian
,
or legal custodian from conferring with the child or the person
7
operating the home.
AB1196,4
8
Section
4
.
48.227 (3) of the statutes is amended to read:
AB1196,3,18
9
48.227
(3)
For runaway children who have been taken into custody and then
10
released, the judge may, with the agreement of the persons operating the homes,
11
designate homes licensed under ss. 48.48 and 48.75
or respite care provider homes
12
as places for the temporary care and housing of such children. If the parent,
13
guardian
,
or legal custodian refuses to consent, the person taking the child into
14
custody or the intake worker may release the child to one of the homes designated
15
under this section; however, a hearing shall be held under sub. (4). The child shall
16
not be removed from the home except with the approval of the court under sub. (4).
17
This subsection does not prohibit the parent, guardian, or legal custodian from
18
conferring with the child or the person operating the home.
AB1196,3,19
19
(end)
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