Read the full stored bill text
Wisconsin Legislature: AB328: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB328: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-3323/1
MDE:emw
2025 ASSEMBLY BILL 328
July 8, 2025 - Introduced by Representatives
Murphy
,
Behnke
,
Goeben
,
Knodl
,
O'Connor
and
Wichgers
, cosponsored by Senators
Jacque
and
Wirch
. Referred to Committee on Children and Families.
AB328,1,4
1
An Act
to amend
48.78 (2) (a) and 938.78 (2) (a);
to create
48.38 (5) (dm),
2
48.38 (5m) (dm), 938.38 (5) (dm) and 938.38 (5m) (dm) of the statutes;
3
relating to:
providing permanency plan and comments to out-of-home care
4
providers in advance of a permanency plan review or hearing.
Analysis by the Legislative Reference Bureau
Under current law, when a child is the subject of a child or juvenile in need of protection or services (CHIPS or JIPS) proceeding, the county social or human services department, a child welfare agency, or, if the child or juvenile is located in Milwaukee County, the Department of Children and Families is required to prepare a permanency plan for the child. The permanency plan is reviewed every six months either by a review panel or at a court hearing. Before the review or hearing, the agency is required to provide a copy of the plan, and any written comments that the agency receives about the plan, to the following people: the members of the review panel; the child’s parent, guardian, or 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 child’s Indian custodian and tribe.
This bill allows an agency to provide a copy of a child’s permanency plan and comments on the plan to a child’s out-of-home care provider in the context of a permanency review and a permanency hearing. An out-of-home care provider includes a foster parent, guardian, relative other than a parent, nonrelative in whose home a child or juvenile is placed, and operator of a group home, residential care center for children and youth, or shelter care facility in which a child or juvenile is placed.
Under this bill, any information that is required to remain confidential under federal or state law must be redacted from the permanency plan before it is provided to the out-of-home care provider.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB328,1
1
Section
1
.
48.38 (5) (dm) of the statutes is created to read:
AB328,2,9
2
48.38
(5)
(dm) The agency that prepared the permanency plan may provide a
3
copy of the permanency plan and any written comments submitted under par. (bm)
4
1. to the out-of-home care provider of the child. A permanency plan provided to an
5
out-of-home care provider of the child under this paragraph shall be redacted to
6
protect information that is required to remain confidential under ss. 48.396 (1) and
7
(2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4),
8
118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain
9
confidential under federal law.
AB328,2
10
Section
2
.
48.38 (5m) (dm) of the statutes is created to read:
AB328,3,3
11
48.38
(5m)
(dm) The agency that prepared the permanency plan may provide
12
a copy of the permanency plan and any written comments submitted under par. (c)
13
1. to the out-of-home care provider of the child. A permanency plan provided to an
14
out-of-home care provider of the child under this paragraph shall be redacted to
15
protect information that is required to remain confidential under ss. 48.396 (1) and
1
(2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4),
2
118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain
3
confidential under federal law.
AB328,3
4
Section
3
.
48.78 (2) (a) of the statutes is amended to read:
AB328,3,10
5
48.78
(2)
(a) No agency may make available for inspection or disclose the
6
contents of any record kept or information received about an individual who is or
7
was in its care or legal custody, except as provided under sub. (2m) or s. 48.371,
8
48.38 (5) (b)
or
,
(d)
, or (dm)
or (5m) (d)
or (dm)
, 48.396 (3) (bm) or (c) 1r., 48.432,
9
48.433, 48.48 (17) (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 938.396 (2m) (c) 1r.,
10
938.51, or 938.78 or by order of the court.
AB328,4
11
Section
4
.
938.38 (5) (dm) of the statutes is created to read:
AB328,3,19
12
938.38
(5)
(dm) The agency that prepared the permanency plan may provide
13
a copy of the permanency plan and any written comments submitted under par.
14
(bm) 1. to the out-of-home care provider of the child. A permanency plan provided
15
to an out-of-home care provider of the child under this paragraph shall be redacted
16
to protect information that is required to remain confidential under ss. 48.396 (1)
17
and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4),
18
118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain
19
confidential under federal law.
AB328,5
20
Section
5
.
938.38 (5m) (dm) of the statutes is created to read:
AB328,4,5
21
938.38
(5m)
(dm) The agency that prepared the permanency plan may
22
provide a copy of the permanency plan and any written comments submitted under
23
par. (c) 1. to the out-of-home care provider of the child. A permanency plan provided
1
to an out-of-home care provider of the child under this paragraph shall be redacted
2
to protect information that is required to remain confidential under ss. 48.396 (1)
3
and (2), 48.57 (3p) (i), 48.685 (2) (c) 1., 48.686 (4s) (m), 48.981 (7), 49.83, 51.30 (4),
4
118.125 (2), 146.82 (1), and 938.396 (1) and (2) or that is required to remain
5
confidential under federal law.
AB328,6
6
Section
6
.
938.78 (2) (a) of the statutes is amended to read:
AB328,4,11
7
938.78
(2)
(a) No agency may make available for inspection or disclose the
8
contents of any record kept or information received about an individual who is or
9
was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396
10
(3) (bm) or (c) 1r., 938.371, 938.38 (5) (b)
or
,
(d)
, or (dm)
or (5m) (d)
or (dm)
, 938.396
11
(2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.
AB328,7
12
Section
7
. Initial applicability.
AB328,4,15
13
(
1
)
Permanency plan to an out-of-home care provider.
This act first
14
applies to a permanency review or permanency hearing commencing on the 30th
15
day after the effective date of this subsection.
AB328,4,16
16
(end)
Down
Down
/2025/related/proposals/ab328
true
proposaltext
/2025/related/proposals/ab328
proposaltext/2025/REG/AB328
proposaltext/2025/REG/AB328
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB328: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting