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WI AB491
WI AB491Video monitoring or recording in residential care centers for children and youth, group homes, and shelter care facilities.
summary
Introduced
10/09/2025
10/09/2025
In Committee
02/13/2026
02/13/2026
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
This bill authorizes group homes, shelter care facilities, and child welfare agencies that operate a residential care center for children and youth to use video surveillance and recordings in common areas, entrances, and exits without the consent of the child being surveilled or recorded, but must inform the child and the child's parent, guardian, legal custodian, or Indian custodian about the video surveillance and recording. The bill requires all child welfare agencies that operate a residential care center for children and youth, all group homes, and all shelter care facilities to adopt a policy for monitoring safety, which may include the use of video surveillance and recording in common areas, entrances, and exits. The bill provides that the video surveillance and recording authorized under the bill may not be used as a substitute for one-on-one monitoring of a child who is at high risk for self-harm. The bill provides that, generally, such video data is confidential and not open to public inspection. However, the bill provides that all exceptions to confidentiality that apply under current law with respect to records and information kept by DCF, county departments of human or social services, licensed child welfare agencies, and licensed child care centers about individuals in their care or legal custody also apply to this video data. Under the bill, DCF may review any authorized video recording. Under current law, generally, an individual who is receiving services for mental illness, developmental disability, alcoholism, or drug dependency (patient) has a right not to be filmed or taped unless the patient signs an informed and voluntary consent. This includes an individual who is admitted to a treatment facility or detained, committed, or placed under the Children[s Code. Under the bill, a patient placed in a residential care center for children and youth, group home, or shelter care facility, may be subject to video surveillance or recording in common areas, entrances, and exits without the patient[s consent as authorized under the bill.
AI Summary
This bill authorizes residential care centers for children and youth, group homes, and child welfare agencies to use video surveillance and recordings in common areas, entrances, and exits without obtaining consent from the children being monitored, with the requirement that the children and their parents or guardians be informed about the surveillance. The bill mandates that these facilities develop a safety monitoring policy that may include video surveillance, but explicitly states that such surveillance cannot replace one-on-one monitoring for children at high risk of self-harm. The video recordings will generally be kept confidential and not available for public inspection, though existing exceptions to confidentiality for child welfare records will apply to these video recordings. Additionally, the bill modifies existing patient rights legislation to allow video surveillance of patients in residential care centers, group homes, and shelter care facilities without their specific consent, which is a change from previous law that required informed consent for filming or recording. The Department of Children and Families (DCF) will be permitted to review these recordings, providing an additional layer of oversight for the video surveillance in these facilities.
Committee Categories
Education
Sponsors (11)
Elijah Behnke (R)*,
Barbara Dittrich (R)*,
Rick Gundrum (R)*,
Paul Melotik (R)*,
Jeff Mursau (R)*,
William Penterman (R)*,
Kevin Petersen (R)*,
Jim Piwowarczyk (R)*,
Chuck Wichgers (R)*,
Rachael Cabral-Guevara (R),
Jesse James (R),
Last Action
Laid on the table (on 02/17/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab491 |
| AB491 ROCP for Committee on Children and Families | https://docs.legis.wisconsin.gov/2025/related/records/assembly/children_and_families/1964091.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB491.pdf |
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