Receiving homes to be used for the temporary care of children;
Foster homes or treatment foster homes;
Other facilities deemed by the department to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under s. 49.19
if such funds would reduce federal funds to this state.
(1m) Facilities maintained or used for adult expectant mothers.
The department may maintain or use the following facilities for adult expectant mothers in its care:
Other facilities determined by the department to be appropriate for the adult expectant mother.
In addition to the facilities and services described in sub. (1)
, the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children and the expectant mothers of unborn children in its care. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5)
, 48.347 (6)
and ch. 51
Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent.
The department shall have the right to inspect all facilities it is using and to examine and consult with persons whom the department has placed in that facility.
(4) Coeducational programs and institutions.
The department may institute and maintain coeducational programs and institutions under this chapter.
A detention home is not one of the other facilities. State ex rel. Harris v. Larson, 64 W (2d) 521, 219 NW (2d) 335.
Foster homes owned, operated or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
Foster homes leased by the department pursuant to sub. (2) are immune from local zoning to the extent that the zoning conflicts with the department's possessory use of property under ch. 48, subject to s. 13.48 (13). The lessor remains responsible for property tax. 65 Atty. Gen. 93.
Alcohol and other drug abuse program. 48.547(1)(1)
Legislative findings and purpose.
The legislature finds that the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children and the expectant mothers of unborn children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children and the expectant mothers of unborn children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children by establishing a juvenile and expectant mother alcohol and other drug abuse program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children and expectant mothers with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938
in the counties selected by the department.
(2) Department responsibilities.
Within the availability of funding under s. 20.435 (7) (mb)
that is available for the program, the department shall select counties to participate in the program. Unless a county department of human services has been established under s. 46.23
in the county that is seeking to implement a program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42
. The department shall select counties in accordance with the request for proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.
(3) Multidisciplinary screen.
The department shall provide a multidisciplinary screen for the program. The screen shall be used by an intake worker to determine whether or not a child or an expectant mother of an unborn child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children and expectant mothers for:
(4) Assessment criteria.
The department shall provide uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3.
and 48.295 (1)
. An approved treatment facility that assesses a person under s. 48.245 (2) (a) 3.
or 48.295 (1)
may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.
Multidisciplinary screen and assessment criteria.
The department shall make the multidisciplinary screen developed under s. 48.547 (3)
and the assessment criteria developed under s. 48.547 (4)
available to all counties.
History: 1987 a. 339
State adoption information exchange.
The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under s. 20.435 (3) (dg)
, may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.
State adoption center. 48.551(1)
The department shall establish a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg)
, the department may provide not more than $75,000 in grants in each fiscal year to individuals and private agencies to operate the adoption center.
The department shall promulgate rules specifying the functions of the state adoption center, which shall include:
Training persons who provide counseling to adolescents including school counselors, county or department employes providing child welfare services under s. 48.56
and employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b)
Operating a toll-free telephone number to provide information and referral services.
Distributing pamphlets which provide information on the availability of adoption services.
Promoting adoption through the communications media.
History: 1985 a. 56
; 1989 a. 31
; Stats. 1989 s. 48.551; 1995 a. 27
; 1997 a. 27
CHILD WELFARE SERVICES
Child welfare services in counties having populations of less than 500,000. 48.56(1)
Each county having a population of less than 500,000 shall provide child welfare services through its county department.
Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457
This section shall not apply to those counties which had child welfare services administered by the staff of the juvenile court prior to January 1, 1955.
Child welfare services in a county having a population of 500,000 or more. 48.561(1)
The department shall provide child welfare services in a county having a population of 500,000 or more.
The department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457
A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department.
The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will collect the amount specified in par. (a)
. If the department of administration and a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for deducting all or part of that amount from any state payment due that county under s. 79.03
or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60
, the department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from those state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15 of each year, the department of administration shall determine that method without the agreement of that county. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw)
and shall notify the county from which those amounts are collected of that collection.
History: 1997 a. 27
Powers and duties of department and county departments providing child welfare services. 48.57(1)
Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall have the authority specified in s. 48.48 (17)
. A county department shall have the authority:
To investigate the conditions surrounding nonmarital children, children in need of protection or services, including developmentally disabled children, and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of those laws.
To accept legal custody of children transferred to it by the court under s. 48.355
, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355
and to provide special treatment and care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph.
To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes or group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7)
and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
To provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.
If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.
Upon request of the department of health and family services or the department of corrections, to provide service for any child or expectant mother of an unborn child in the care of those departments.
To contract with any parent or guardian or other person for the care and maintenance of any child.
If a county department in a county with a population of less than 500,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63
and to place that child under its guardianship for adoption by the foster parent or treatment foster parent.
To license foster homes or treatment foster homes in accordance with s. 48.75
To use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.
In performing the functions specified in sub. (1)
the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.
From the reimbursement received under s. 46.495 (1) (d)
, counties may provide funding for the maintenance of any child who:
Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma;
Is living in a foster home, treatment foster home, group home or child caring institution.
The funding provided for the maintenance of a child under par. (a)
shall be in an amount equal to that which the child would receive under s. 46.495 (1) (d)
if the child were 17 years of age.
In this subsection, "kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
From the appropriations under s. 20.435 (3) (cz)
, the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
The kinship care relative applies to the county department or department for payments under this subsection and the county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.
The county department or department determines that the child meets one or more of the criteria specified in s. 48.13
or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.
The county department or department conducts a background investigation under sub. (3p)
of the kinship care relative, any employe and prospective employe of the kinship care relative who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.
Subject to sub. (3p) (fm) 1.
, the kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child and that no adult resident, as defined in sub. (3p) (a)
, and no employe or prospective employe of the kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.
The kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the kinship care relative may be eligible.
The kinship care relative is not receiving payments under sub. (3n)
with respect to the child.
The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381
or state supplemental payments under s. 49.77
The department shall promulgate rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am)
. The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am)
received, and to reviews under par. (d)
conducted, on the effective date of those rules.
The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a)
the name of the parent or parents of a child for whom a payment is made under par. (am)
When any kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.