LRB-1027/2
GMM&EHS:wlj&kjf:rs
2015 - 2016 LEGISLATURE
February 17, 2015 - Introduced by Joint Legislative Council. Referred to
Committee on Children and Families.
AB39,1,4 1An Act to amend 48.63 (3) (b) 2., 48.83 (1), 48.833 (1) and (2), 48.837 (1r) (b) and
248.88 (2) (a) (intro.); and to create 48.75 (3), 48.88 (2) (aj) and 48.88 (2) (d) of
3the statutes; relating to: jurisdiction and venue in adoption proceedings and
4investigation of suitability of a home for adoption of a child.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Adoption Disruption and Dissolution.
Jurisdiction and Venue
Under current law, a petition for adoption or adoptive placement of a child must
be filed in the county where the proposed adoptive parent or child resides.
This bill extends jurisdiction and venue to allow a proceeding for an adoption or
adoptive placement to be heard in the county in which a petition for termination of

parental rights to the child was filed or granted, in addition to the county in which the
child or proposed adoptive parent resides.
Home Study
Under current law, in order to adopt a child in Wisconsin a county, licensed
adoption agency, or the Bureau of Milwaukee Child Welfare (BMCW) in the Department
of Children and Families (DCF) must investigate whether a proposed adoptive family's
home is suitable for the child. This is commonly referred to as a "home study." Certain
aspects of the home study are governed by administrative rule.
This bill requires all counties, licensed adoption agencies, and BMCW to use a
standardized qualitative assessment system for the home study that is approved by DCF.
The bill requires the standardized assessment to be used in licensing a home for foster
care and, if supplemented to evaluate suitability of the home for a child who is the subject
of an adoption, need not be repeated for purposes of the adoption. Under this bill, the
requirement for a standardized home study applies to all public and private adoptions in
Wisconsin, whether the child is a U.S. or foreign citizen, but does not apply to an adoption
by a stepparent for which other screening standards are required under current law. In
any case in which there is special cause for concern as to the welfare of the child or the
suitability of the placement, an assessment may include a clinical assessment of the
proposed adoptive parents that is conducted by someone outside the unit of the agency
that is administering the home study or any other unit of the agency.
AB39,1 1Section 1. 48.63 (3) (b) 2. of the statutes is amended to read:
AB39,2,72 48.63 (3) (b) 2. The department, a county department under s. 48.57 (1) (e) or
3(hm), or a child welfare agency licensed under s. 48.60 may place a child under subd.
41. in the home of a proposed adoptive parent or parents who reside in this state if that
5home is licensed as a foster home under s. 48.62 and the investigation made under
6s. 48.75 (3) has been supplemented to evaluate whether the home is suitable for the
7child
.
Note: This Section requires a standardized home study done at the request of a
proposed adoptive parent whose home is licensed as a foster home to be supplemented to
evaluate suitability of the home for a specific child before placing the child in the proposed
adoptive home.
AB39,2 8Section 2. 48.75 (3) of the statutes is created to read:
AB39,2,129 48.75 (3) Before issuing a license under sub. (1d) or (1g), a child welfare agency
10or public licensing agency shall require that each foster parent receive a favorable
11report following an investigation that is conducted in the same manner as an
12investigation under s. 48.88 (2) (aj) is conducted.

Note: This Section requires that a home that is being licensed to provide foster
care be investigated using the same standardized home study that is required under this
bill for purposes of adopting a child.
AB39,3 1Section 3. 48.83 (1) of the statutes is amended to read:
AB39,3,122 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
3the proposed adoptive parent or child resides or the court of the county where a
4petition for termination of parental rights to the child was filed or granted under
5subch. VIII
, upon the filing with that court of a petition for adoption or for the
6adoptive placement of a child, has jurisdiction over the child until the petition is
7withdrawn, denied, or granted. Venue in a proceeding for adoption or adoptive
8placement of a child
shall be in the county where the proposed adoptive parent or
9child resides at the time the petition is filed or in the county where a petition for
10termination of parental rights to the child was filed or granted under subch. VIII
.
11The court may transfer the case to a court in the county in which the proposed
12adoptive parents reside.
Note: This Section allows jurisdiction and venue in a proceeding for an adoption
or adoptive placement of a child to be in the county in which a petition for termination
of parental rights to the child was filed or granted, in addition to the jurisdiction and
venue allowed under current law for the county in which the child or proposed adoptive
parent resides.
AB39,4 13Section 4. 48.833 (1) and (2) of the statutes are amended to read:
AB39,4,914 48.833 (1) Placement by department or county department. The department
15or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption
16in a licensed foster home without a court order under s. 48.63 (3) (b) or if the
17department or county department is the guardian of the child or makes the
18placement at the request of another agency that is the guardian of the child, if the
19investigation made under s. 48.75 (3) has been supplemented to evaluate whether
20the home is suitable for the child,
and if the proposed adoptive parents have

1completed the preadoption preparation required under s. 48.84 (1) or the department
2or county department determines that the proposed adoptive parents are not
3required to complete that preparation. The department or a county department
4under s. 48.57 (1) (e) or (hm) may also place a child for adoption in a licensed foster
5home without a court order under s. 48.63 (3) (b).
When a child is placed under this
6subsection in a licensed foster home for adoption, the department or county
7department making the placement shall enter into a written agreement with the
8proposed adoptive parent, which shall state the date on which the child is placed in
9the licensed foster home for adoption by the proposed adoptive parent.
AB39,4,24 10(2) Placement by child welfare agency. A child welfare agency licensed under
11s. 48.60 may place a child for adoption in a licensed foster home without a court order
12under s. 48.63 (3) (b) or if the child welfare agency is the guardian of the child or
13makes the placement at the request of another agency that is the guardian of the
14child, if the investigation made under s. 48.75 (3) has been supplemented to evaluate
15whether the home is suitable for the child,
and if the proposed adoptive parents have
16completed the preadoption preparation required under s. 48.84 (1) or the child
17welfare agency determines that the proposed adoptive parents are not required to
18complete that preparation. A child welfare agency licensed under s. 48.60 may also
19place a child for adoption in a licensed foster home without a court order under s.
2048.63 (3) (b).
When a child is placed under this subsection in a licensed foster home
21for adoption, the child welfare agency making the placement shall enter into a
22written agreement with the proposed adoptive parent, which shall state the date on
23which the child is placed in the licensed foster home for adoption by the proposed
24adoptive parent.

Note: This Section requires a standardized home study done for the purpose of
placing a child for adoption in a licensed foster home to be supplemented to evaluate
suitability of the home for a specific child before DCF, a county, or a licensed child welfare
agency may place the child in the home for adoption under agency adoption procedures.
AB39,5 1Section 5. 48.837 (1r) (b) of the statutes is amended to read:
AB39,5,72 48.837 (1r) (b) The department, a county department under s. 48.57 (1) (e) or
3(hm), or a child welfare agency licensed under s. 48.60 may place a child under par.
4(a) in the home of a proposed adoptive parent or parents who reside in this state if
5that home is licensed as a foster home under s. 48.62 and the investigation made
6under s. 48.75 (3) has been supplemented to evaluate whether the home is suitable
7for the child
.
Note: This Section requires a standardized home study done for the purpose of
placing a child for adoption in a licensed foster home to be supplemented to evaluate
suitability of the home for a specific child before DCF, a county, or a licensed child welfare
agency may place the child in the home under independent adoption procedures.
AB39,6 8Section 6. 48.88 (2) (a) (intro.) of the statutes is amended to read:
AB39,5,139 48.88 (2) (a) (intro.) Except as provided under pars. (ag) and, (c), and (d), when
10a petition to adopt a child is filed, the court shall order an investigation to determine
11whether the child is a proper subject for adoption and whether the petitioner's home
12is suitable for the child. The court shall order one of the following to conduct or
13supplement
the investigation:
Note: This Section adjusts a cross-reference to the exceptions from the general
requirement for a court to order an investigation as to whether an adoption petitioner has
a suitable home for the child, in order to include the exception created under this bill when
a standardized home study was conducted to place the child in the home for foster care.
This Section also allows a court to order that a foster care home study be supplemented
for purposes of the adoption.
AB39,7 14Section 7. 48.88 (2) (aj) of the statutes is created to read:
AB39,6,215 48.88 (2) (aj) 1. In determining whether the petitioner's home is suitable for
16the child, the agency or tribal child welfare department making the investigation
17shall consider whether the petitioner is fit and qualified to care for the child,

1exercises sound judgment, does not abuse alcohol or drugs, and displays the capacity
2to successfully nurture the child.
AB39,6,73 2. The investigation shall be conducted using an assessment system that is
4approved by the department. The assessment system shall provide a reliable,
5comprehensive, and standardized qualitative evaluation of a petitioner's personal
6characteristics, civil and criminal history, age, health, financial stability, and ability
7to responsibly meet all requirements of the department.
AB39,6,178 3. If the agency or tribal child welfare department making the investigation has
9special concern as to the welfare of the child or the suitability of the placement, the
10investigation may include a clinical assessment of the petitioner's mental health or
11alcohol or other drug use by an employee of the agency or tribal child welfare
12department who is not employed in the unit of the agency or tribal child welfare
13department that is making the investigation or by a person who is not employed by
14that agency or tribal child welfare department. A person who provides such an
15assessment shall be a licensed psychologist, licensed psychiatrist, certified advanced
16practice social worker, certified independent social worker, licensed clinical social
17worker, or licensed professional counselor.
Note: This Section requires that a standardized system be used in assessing a
home for an adoption in all cases other than an adoption by a stepparent. This Section
also specifies that the home study may include a clinical assessment of the proposed
adoptive parents if there is special concern as to the welfare of the child or the suitability
of the placement.
AB39,8 18Section 8. 48.88 (2) (d) of the statutes is created to read:
AB39,6,2019 48.88 (2) (d) An investigation is not required under this subsection if all of the
20following apply:
AB39,6,2221 1. The petitioner is licensed to operate a foster home and the license is in effect
22at the time the adoption petition is filed.
AB39,7,2
12. The petitioner has never had a license to operate a foster home revoked or
2suspended.
AB39,7,63 3. An investigation as to the suitability of the petitioner's home was conducted
4as provided in par. (aj) for the purpose of licensing the petitioner's home for foster
5care and the investigation has been supplemented to evaluate whether the
6petitioner's home is suitable for the child who is the subject of the adoption.
Note: This Section creates an exception to the general requirement for a court to
order an investigation as to whether an adoption petitioner has a suitable home for the
child if a standardized home study required under this bill was conducted for the purpose
of licensing the home for foster care and the home study has been supplemented to
evaluate suitability of the home for the specific child who is the subject of the adoption.
AB39,9 7Section 9. Initial applicability.
AB39,7,108 (1) Home studies for foster care placement. The treatment of section 48.75
9(3) of the statutes first applies to an initial application for a foster home license
10submitted on the effective date of this subsection.
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