1997 Wisconsin Act 27

27,1569 Section 1569 . 48.275 (2) (d) 2. of the statutes is created to read:

48.275 (2) (d) 2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the state treasurer, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).

27,1570 Section 1570 . 48.295 (1) of the statutes is amended to read:

48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental or developmental condition may be considered. The court may also order an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal custodian whose ability to care for a child is at issue before the court. The court shall hear any objections by the child, the child's parents, guardian or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

27,1571 Section 1571 . 48.33 (4) (b) of the statutes is amended to read:

48.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county designee child support agency under s. 59.53 (5) for the establishment of child support.

27,1572 Section 1572 . 48.345 (4) (b) of the statutes is amended to read:

48.345 (4) (b) A The county department in a county having a population of less than 500,000.

27,1573 Section 1573 . 48.345 (4) (bm) of the statutes is created to read:

48.345 (4) (bm) The department in a county having a population of 500,000 or more.

27,1574 Section 1574 . 48.345 (11) of the statutes is repealed.

27,1575 Section 1575 . 48.345 (12) (b) of the statutes is amended to read:

48.345 (12) (b) The judge shall order the school board to disclose the child's pupil records, as defined under s. 118.125 (1) (d), to the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child, as necessary to determine the child's compliance with the order under par. (a).

27,1576 Section 1576 . 48.345 (12) (c) of the statutes is amended to read:

48.345 (12) (c) The judge shall order the county department, department, in a county having a population of 500,000 or more, or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board or private, nonprofit, nonsectarian agency which is providing an educational program under par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under par. (a).

27,1577 Section 1577 . 48.345 (13) (a) of the statutes is amended to read:

48.345 (13) (a) If the report prepared under s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.

27,1578 Section 1578 . 48.345 (13) (b) of the statutes is amended to read:

48.345 (13) (b) If the report prepared under s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program and the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.

27,1579 Section 1579 . 48.355 (2) (b) 4. of the statutes is amended to read:

48.355 (2) (b) 4. If the child is placed outside the child's home, a designation of the amount of support, if any, to be paid by the child's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.53 (5) for establishment of child support.

27,1580 Section 1580 . 48.355 (2) (b) 6. of the statutes is amended to read:

48.355 (2) (b) 6. If the child is placed outside the home, the court's a finding that continued placement of the child in his or her home would be contrary to the welfare of the child and a finding as to whether a the county department which provides social services, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for the provision of services under a court order has made reasonable efforts to prevent the removal of the child from the home or, if applicable, that the agency primarily responsible for the provision of services under a court order has made reasonable efforts to make it possible for the child to return to his or her home.

27,1581 Section 1581 . 48.355 (2) (c) of the statutes is amended to read:

48.355 (2) (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district in which the child is enrolled to notify the county department that is responsible for supervising the child or, in a county having a population of 500,000 or more, the department within 5 days after any violation of the condition by the child.

27,1582 Section 1582 . 48.355 (2c) (a) (intro.) of the statutes is amended to read:

48.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to whether a the county department which provides social services, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

27,1583 Section 1583 . 48.36 (1) (a) of the statutes is amended to read:

48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

27,1584 Section 1584 . 48.36 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of workforce development, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

27,1585 Section 1585 . 48.36 (2) of the statutes is amended to read:

48.36 (2) If a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child as the court may order based on the ability of the parent or guardian to pay. This subsection shall be subject to s. 46.03 (18).

27,1586 Section 1586 . 48.36 (3) of the statutes is amended to read:

48.36 (3) In determining county or departmental liability, this section does not apply to services specified in ch. 115.

27,1587 Section 1587 . 48.365 (2g) (a) of the statutes is amended to read:

48.365 (2g) (a) At the hearing the person or agency primarily responsible for providing services to the child shall file with the court a written report stating to what extent the dispositional order has been meeting the objectives of the plan for the child's rehabilitation or care and treatment. The juvenile offender review program may file a written report regarding any child examined by the program.

27,1588 Section 1588 . 48.366 (8) of the statutes is amended to read:

48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

27,1589 Section 1589 . 48.38 (5) (am) of the statutes is amended to read:

48.38 (5) (am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under par. (a). If the court in a county having a population of less than 500,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.

27,1592 Section 1592 . 48.428 (2) (a) of the statutes is amended to read:

48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

27,1593 Section 1593 . 48.428 (2) (b) of the statutes is amended to read:

48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4., the court shall terminate the guardianship under s. 48.977.

27,1593t Section 1593t. 48.48 (16m) of the statutes is created to read:

48.48 (16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 500,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 500,000 or more.

27,1594 Section 1594 . 48.48 (17) of the statutes is created to read:

48.48 (17) (a) In a county having a population of 500,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:

1. Investigate the conditions surrounding nonmarital children and 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 department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this subdivision. 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 these laws.

2. Accept legal custody of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court and if providing special treatment and care is not the responsibility of the county department under s. 46.215, 51.42 or 51.437. A court may not order the department to administer psychotropic medications to children who receive special treatment or care under this subdivision.

3. Provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the 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 department and the school district shall be resolved by the state superintendent of public instruction.

4. 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.

5. Place children in a county children's home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

6. Provide services to the court under s. 48.06.

7. Contract with any parent or guardian or other person for the care and maintenance of any child.

8. License foster homes or treatment foster homes in accordance with s. 48.75.

9. Use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.

10. Administer kinship care as provided in s. 48.57 (3m) and (3p).

11. Contract with the county department under s. 46.215, 51.42 or 51.437 or with a licensed child welfare agency to provide any of the services that the department is authorized to provide under this chapter.

(b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children in the county.

(c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the department may provide funding for the maintenance of any child who meets all of the following criteria:

1. Is 18 years of age or older.

2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior to his or her 18th birthday.

4. Is living in a foster home, treatment foster home, group home or child caring institution.

(d) The funding provided for the maintenance of a child under par. (c) shall be in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx), (kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.

27,1595j Section 1595j. 48.551 (2) (a) of the statutes is amended to read:

48.551 (2) (a) Training persons who provide counseling to adolescents including school counselors, county employes providing child welfare services under s. 48.56 and family planning clinic employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b).

27,1595k Section 1595k. 48.551 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.551 (2) (a) Training persons who provide counseling to adolescents including school counselors, county or department employes providing child welfare services under s. 48.56 or 48.561 and employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b).

27,1596 Section 1596 . Subchapter XII (title) of chapter 48 [precedes 48.56] of the statutes is amended to read:

CHAPTER 48

SUBCHAPTER XII
COUNTY CHILD WELFARE SERVICES

27,1597 Section 1597 . 48.56 (title) of the statutes is amended to read:

48.56 (title) County child Child welfare services in counties having populations of less than 500,000 .

27,1598 Section 1598 . 48.56 (1) of the statutes is amended to read:

48.56 (1) Each county having a population of less than 500,000 shall provide child welfare services through its county department.

27,1599 Section 1599 . 48.561 of the statutes is created to read:

48.561 Child welfare services in a county having a population of 500,000 or more. (1) Beginning on January 1, 1998, the department shall provide child welfare services in a county having a population of 500,000 or more.

(2) Beginning on January 1, 1998, 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.

(3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 in state fiscal year 1997‐98 for the provision of child welfare services in that county by the department.

(b) 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, 79.04, 79.058, 79.06 or 79.08 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, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later, 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, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, 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.

27,1600d Section 1600d. 48.561 (1), (2) and (3) of the statutes, as created by 1997 Wisconsin Act .... (this act), are amended to read:

48.561 (1) Beginning on January 1, 1998, the The department shall provide child welfare services in a county having a population of 500,000 or more.

(2) Beginning on January 1, 1998, the 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.

(3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $62,561,400 in each state fiscal year 1997‐98 for the provision of child welfare services in that county by the department.

(b) 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, 79.04, 79.058, 79.06 or 79.08 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, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later 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, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later of each year, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, the 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.

27,1601 Section 1601 . 48.57 (title) of the statutes is amended to read: