48.52(2)(b)
(b) 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.
48.52(2)(c)
(c) 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.
48.52(4)
(4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.
48.52 Annotation
A detention home is not an `other facility' under sub. (1). State ex rel. Harris v. Larson,
64 Wis. 2d 521,
219 N.W.2d 335 (1974).
48.52 Annotation
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.
48.52 Annotation
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.
48.545
48.545
Brighter futures initiative. 48.545(1)(a)
(a) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
48.545(1)(b)
(b) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
48.545(2)(a)(a) From the appropriations under
s. 20.437 (1) (eg) and
(nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300 in each fiscal year to applying county departments under
s. 46.22,
46.23,
51.42, or
51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:
48.545(2)(a)1.
1. Prevent and reduce the incidence of youth violence and other delinquent behavior.
48.545(2)(a)2.
2. Prevent and reduce the incidence of youth alcohol and other drug use and abuse.
48.545(2)(a)3.
3. Prevent and reduce the incidence of child abuse and neglect.
48.545(2)(a)4.
4. Prevent and reduce the incidence of nonmarital pregnancy and increase the use of abstinence as a method of preventing nonmarital pregnancy.
48.545(2)(a)5.
5. Increase adolescent self-sufficiency by encouraging high school graduation, vocational preparedness, improved social and other interpersonal skills and responsible decision making.
48.545(2)(b)
(b) A nonprofit corporation or public agency that is applying for a grant under
par. (a) shall provide to the department a proposed service plan for the use of the grant moneys. If the department approves the service plan, the department may award the grant. The department shall award the grants on a competitive basis and for a 3-year period.
48.545(3)(a)(a) The department shall provide a set of benchmark indicators to measure the outcomes that are expected of a program funded under
sub. (2) (a). Those benchmark indicators shall measure all of the following among youth who have participated in a program funded under
sub. (2) (a):
48.545(3)(a)1.
1. The rate of participation in violent or other delinquent behavior.
48.545(3)(a)3.
3. The rate of nonmarital pregnancy and the rate at which abstinence is used to prevent nonmarital pregnancy.
48.545(3)(a)4.
4. The rate of substantiated cases of child abuse and neglect.
48.545(3)(a)5.
5. The development of self-sufficiency, as indicated by the rate of high school graduation, the degree of vocational preparedness, any improvements in social and other interpersonal skills and in responsible decision making and any other indicators that the department considers important in indicating the development of adolescent self-sufficiency.
48.545(3)(a)6.
6. Any other indicators that the department considers important in indicating the development of positive behaviors among adolescents.
48.545(3)(b)
(b) The department shall require a grant recipient under
sub. (2) (a) to provide an annual report showing the status of its program participants in terms of the benchmark indicators provided under
par. (a) and may renew a grant only if the recipient shows improvement on those indicators.
48.545 History
History: 1999 a. 9;
2001 a. 16;
2005 a. 25;
2007 a. 20 ss.
1204 to
1214; Stats. 2007 s. 48.545.
48.547
48.547
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.
48.547(2)
(2) Department responsibilities. Within the availability of funding under
s. 20.437 (1) (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 or
51.437. 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.
48.547(3)
(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:
48.547(4)
(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.
48.548
48.548
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.
48.548 History
History: 1987 a. 339.
48.55
48.55
State adoption information exchange and state adoption center. 48.55(1)(1) 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 and 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. 20.437 (1) (dg), the department may provide not more than $171,300 in each fiscal year as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.
48.55(2)
(2) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center. The rules specifying the functions of the state adoption center shall include all of the following:
48.55(2)(a)
(a) Training persons who provide counseling to adolescents including school counselors, county or department employees providing child welfare services under
s. 48.56 or
48.561 and employees of a clinic providing family planning services, as defined in
s. 253.07 (1) (b).
48.55(2)(c)
(c) Operating a toll-free telephone number to provide information and referral services.
48.55(2)(d)
(d) Distributing pamphlets which provide information on the availability of adoption services.
48.55(2)(e)
(e) Promoting adoption through the communications media.
48.55 Cross-reference
Cross Reference: See also chs.
DCF 42,
50, and
51, Wis. adm. code.
CHILD WELFARE SERVICES
48.56
48.56
Child welfare services in counties having populations of less than 500,000. 48.56(1)
(1) Each county having a population of less than 500,000 shall provide child welfare services through its county department.
48.56(2)
(2) 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.
48.56(3)
(3) 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.
48.561
48.561
Child welfare services in a county having a population of 500,000 or more. 48.561(1)
(1) The department shall provide child welfare services in a county having a population of 500,000 or more.
48.561(2)
(2) 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.
48.561(3)(a)(a) 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. That contribution shall be made as follows:
48.561(3)(a)2.
2. Through a reduction of $1,583,000 from the amount distributed to that county under
s. 46.40 (2m) (a) in each state fiscal year.
48.561(3)(b)
(b) The department of administration shall collect the amount specified in
par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under
s. 79.03,
79.04,
79.058,
79.06, or
79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under
s. 79.03,
79.04,
79.058,
79.06, or
79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under
s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under
s. 20.437 (1) (cx) for providing services to children and families under
s. 48.48 (17) until the amounts in the appropriation account under
s. 20.437 (1) (kw) are exhausted.
48.562
48.562
Milwaukee child welfare partnership council. The Milwaukee child welfare partnership council shall do all of the following:
48.562(1)
(1) Formulate suggested policies and plans for the improvement of the child welfare system in Milwaukee County and make recommendations with respect to those policies and plans to the department and the legislature.
48.562(2)
(2) Formulate suggested measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and make recommendations with respect to those measures to the department and the legislature.
48.562(3)
(3) Formulate suggested funding priorities for the child welfare system in Milwaukee County and make recommendations with respect to those funding priorities to the department and the legislature.
48.562(4)
(4) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and make recommendations with respect to those funding opportunities to the department and the legislature.
48.562(5)
(5) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of child welfare services in Milwaukee County.
48.562 History
History: 1995 a. 303;
1997 a. 27;
2007 a. 20 s.
799; Stats. 2007 s. 48.562.
48.563
48.563
Children and family aids funding. 48.563(1)(a)(a) Within the limits of available federal funds and of the appropriations under
s. 20.437 (1) (b) and
(o), the department shall distribute funds for children and family services to county departments as provided in
subs. (2),
(3), and
(7m) and
s. 48.986.
48.563(1)(b)
(b) Notwithstanding
s. 48.568, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under
par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in
s. 48.567.
48.563(1)(c)
(c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under
par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding
s. 48.568, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.
48.563(1)(d)
(d) If the department receives from the department of health services under
s. 46.40 (1) (d) any federal moneys under
42 USC 1396 to
1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under
sub. (2) that is budgeted from federal funds.
48.563(2)
(2) Basic county allocation. For children and family services under
s. 48.569 (1) (d), the department shall distribute not more than $67,452,000 in each fiscal year.
48.563(3)
(3) Tribal child care. For child care services under
42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under
s. 20.437 (1) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in
42 USC 9858n (4).
48.563(7m)
(7m) Use by county of children and family aids funds to pay private attorneys for certain proceedings. Upon application by a county department under
s. 46.215,
46.22, or
46.23 to the department for permission to use funds allocated to that county department under
sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under
sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under this chapter relating to child abuse or neglect, unborn child abuse, termination of parental rights, and the Indian Child Welfare Act,
25 USC 1901 to
1963.
48.563(14m)
(14m) County children and family aids budgets. Before December 1 of each year, each county department and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under
s. 48.565 (2) (a), or carried forward under
s. 48.565 (3). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.
48.565
48.565
Carry-over of children and family aids funds. Funds allocated by the department under
s. 48.569 (1) (d) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes, or private nonprofit organizations by December 31 of each year and funds recovered under
s. 48.569 (2) (b) and deposited into the appropriation account under
s. 20.437 (1) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under
s. 20.437 (1) (b) or as follows:
48.565(2)(a)(a) Subject to
par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under
s. 48.563 (2) an amount that exceeds the amount received under
42 USC 670 to
679a and allocated under
s. 48.563 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with
s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in
sub. (3). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with
s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with
s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under
s. 48.563 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under
s. 20.437 (1) (j).
