Amendment ASA1-AB40

AB40-ASA1,525,25 48.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.

AB40-ASA1,874 Section 874. 48.06 (2) (title) of the statutes is amended to read:

AB40-ASA1,526,2 48.06 (2) (title) Counties with a population under 500,000 750,000.

AB40-ASA1,875 Section 875. 48.06 (2) (a) of the statutes is amended to read:

AB40-ASA1,526,16 48.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069. Intake services shall be provided by employees of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department. Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB40-ASA1,876 Section 876. 48.06 (3) of the statutes is amended to read:

AB40-ASA1,526,22 48.06 (3) Intake services. The court, the department in a county having a population of 500,000 750,000 or more, or the county department responsible for providing intake services under s. 48.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB40-ASA1,877 Section 877. 48.06 (4) of the statutes is amended to read:

AB40-ASA1,527,6 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569. Counties having a population of less than 500,000 750,000 may use funds received under s. 48.569 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB40-ASA1,878 Section 878. 48.069 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,527,12 48.069 (1) (intro.) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter, or, in a county having a population of 500,000 750,000 or more, the department or an agency under contract with the department to provide dispositional services, shall:

AB40-ASA1,879 Section 879. 48.069 (2) of the statutes is amended to read:

AB40-ASA1,527,19 48.069 (2) Except in a county having a population of 500,000 750,000 or more, licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested. In a county having a population of 500,000 750,000 or more, the department or, with the approval of the department, a licensed child welfare agency shall provide services under this section.

AB40-ASA1,880 Section 880. 48.069 (3) of the statutes is amended to read:

AB40-ASA1,527,24 48.069 (3) A court or county department responsible for disposition staff or, in a county having a population of 500,000 750,000 or more, the department may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB40-ASA1,881 Section 881. 48.07 (5) (b) 2. of the statutes is amended to read:

AB40-ASA1,528,15 48.07 (5) (b) 2. On receipt of an application from a prospective court-appointed special advocate, the court-appointed special advocate program, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the court-appointed special advocate program determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the court-appointed special advocate program may require the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identification of the applicant and obtaining the applicant's criminal arrest and conviction record. The court-appointed special advocate program shall keep confidential all information received from the department of justice and the federal bureau of investigation under this subdivision.

AB40-ASA1,882 Section 882. 48.345 (6m) of the statutes is amended to read:

AB40-ASA1,528,23 48.345 (6m) If the report prepared under s. 48.33 (1) recommends that the child is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, for a child who is a member of a tribe, as defined in s. 46.56 (1) (q), by for a tribe, the judge may order an assessment of the child and the child's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

AB40-ASA1,890 Section 890. 48.43 (7) of the statutes is renumbered 48.43 (7) (a) and amended to read:

AB40-ASA1,529,5 48.43 (7) (a) If the agency specified under sub. (1) (a) is the department and, the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2).

AB40-ASA1,529,12 (b) If a permanent adoptive or subsidized guardianship placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department, except that the department may not petition the court to transfer to a county department legal custody of a child who was initially taken into custody under s. 48.195 (1). The court shall transfer the child's legal custody to the county department specified in the petition. The department shall remain the child's guardian.

AB40-ASA1,891 Section 891. 48.48 (3m) (d) of the statutes is amended to read:

AB40-ASA1,529,17 48.48 (3m) (d) The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under s. 48.485 (2).

AB40-ASA1,892 Section 892. 48.48 (8p) of the statutes is amended to read:

AB40-ASA1,530,2 48.48 (8p) To reimburse tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts exceeds $50,000 in a fiscal year.

AB40-ASA1,893 Section 893. 48.48 (16m) of the statutes is amended to read:

AB40-ASA1,530,10 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 500,000 750,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 500,000 750,000 or more.

AB40-ASA1,894 Section 894. 48.48 (17) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,530,17 48.48 (17) (a) (intro.) In a county having a population of 500,000 750,000 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:

AB40-ASA1,895 Section 895. 48.481 (1) (a) of the statutes is amended to read:

AB40-ASA1,531,4 48.481 (1) (a) The department shall distribute $497,200 foster care continuation grants in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose. Beginning in fiscal year 2013-14, a county is eligible to receive funding under this paragraph only if the county received such funding in fiscal year 2012-13.

AB40-ASA1,896 Section 896. 48.481 (2) of the statutes is created to read:

AB40-ASA1,531,12 48.481 (2) Transition to independent living. The department shall distribute at least $231,700 in each fiscal year to counties for the purpose of assisting individuals who attain the age of 18 while residing in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent to make the transition from out-of-home care to independent living. No county may use funds provided under this subsection to replace funds previously used by the county for this purpose.

AB40-ASA1,897 Section 897. 48.485 of the statutes is renumbered 48.485 (1) and amended to read:

AB40-ASA1,531,20 48.485 (1) If the department accepts guardianship or legal custody or both from a tribal court under s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2) or under a substantially similar tribal law.

AB40-ASA1,532,2 (2) If a permanent adoptive or subsidized guardianship placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under s. 48.195 (1).

AB40-ASA1,898 Section 898. 48.487 (title) of the statutes is amended to read:

AB40-ASA1,532,4 48.487 (title) Tribal adolescent family services.

AB40-ASA1,899 Section 899. 48.487 (1m) of the statutes is amended to read:

AB40-ASA1,532,12 48.487 (1m) Tribal adolescent family services allocation grants. From the appropriation account under s. 20.437 (1) (eg) (bd), the department may allocate $210,000 in each fiscal year to provide the grants specified distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), and (4m) (b), (5) (b), (6), and (7) as determined by that body.

AB40-ASA1,900 Section 900. 48.487 (2) of the statutes is amended to read:

AB40-ASA1,532,23 48.487 (2) Adolescent self-sufficiency services. From the allocation under sub. (1m), the department may provide a grant annually in the amount of $85,000 to the An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide services for adolescent parents which. Those services shall emphasize high school graduation and vocational preparation, training, and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The Indian tribe seeking to receive a grant to provide these An Indian tribe that provides those services shall develop a proposed service plan that is approved by the department.

AB40-ASA1,901 Section 901. 48.487 (3) (b) of the statutes is amended to read:

AB40-ASA1,533,8 48.487 (3) (b) From the allocation under sub. (1m), the department may provide a grant annually in the amount of $65,000 to the An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide to high-risk adolescents pregnancy and parenthood prevention services which to high-risk adolescents. Those services shall be structured so as to increase the development of decision-making and communications skills, promote graduation from high school, and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention.

AB40-ASA1,902 Section 902. 48.487 (4m) (title) of the statutes is amended to read:

AB40-ASA1,533,10 48.487 (4m) (title) Adolescent choices project grants projects.

AB40-ASA1,903 Section 903. 48.487 (4m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,533,18 48.487 (4m) (b) (intro.) From the allocation under sub. (1m), the department may provide a grant annually in the amount of $60,000 to the An elected governing body of an Indian tribe for the provision of may expend moneys from a grant received under sub. (1m) to provide information to members of the Indian tribe in order to increase community knowledge about the problems of adolescents and to provide information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

AB40-ASA1,904 Section 904. 48.487 (4m) (c) of the statutes is amended to read:

AB40-ASA1,534,2 48.487 (4m) (c) Each funded tribal project An Indian tribe that provides services under par. (b) shall provide those services in areas an area of the state as that is approved by the Indian tribe and the department. The department shall determine the boundaries of the regional areas prior to soliciting project grant applications regions in this state within which the Indian tribes may provide services under par. (b) before approving the service area of an Indian tribe under this paragraph.

AB40-ASA1,905 Section 905. 48.487 (4m) (d) of the statutes is amended to read:

AB40-ASA1,534,8 48.487 (4m) (d) Prior to making grants to applying Indian tribes under par. (b) approving the service area of an Indian tribe under par. (c), the department shall consider whether and how the applying Indian tribe proposes to coordinate its services with other public or private resources, programs, or activities in the region and the state.

AB40-ASA1,906 Section 906. 48.487 (4m) (e) of the statutes is amended to read:

AB40-ASA1,534,13 48.487 (4m) (e) The department shall work closely with the women's council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities under projects funded by the program conducted under par. (b).

AB40-ASA1,907 Section 907. 48.487 (5) of the statutes is created to read:

AB40-ASA1,534,15 48.487 (5) Domestic abuse services. (a) In this subsection:

AB40-ASA1,534,20 1. "Domestic abuse" means physical abuse, including a violation of s. 940.225 (1), (2), or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.

AB40-ASA1,534,21 2. "Domestic abuse services" means any of the following:

AB40-ASA1,534,22 a. Shelter facilities or private home shelter care.

AB40-ASA1,534,23 b. Advocacy and counseling for victims.

AB40-ASA1,534,24 c. A 24-hour telephone service.

AB40-ASA1,534,25 d. Community education.

AB40-ASA1,535,2 3. "Family member" means a spouse, a parent, a child, or a person related by blood or adoption to another person.

AB40-ASA1,535,4 4. "Household member" means a person currently or formerly residing in a place of abode with another person.

AB40-ASA1,535,10 (b) Subject to pars. (c) and (d), an elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide domestic abuse services. If an elected governing body of an Indian tribe expends those moneys for those services, the body shall provide matching funds or in-kind contributions in an amount to be determined by the department. The department shall establish guidelines regarding the types of contributions that qualify as in-kind contributions.

AB40-ASA1,535,17 (c) An elected governing body of an Indian tribe may provide shelter facilities only if the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. An elected governing body of an Indian tribe may provide shelter facilities or private home shelter care only if the body ensures that the following services will be provided either by that Indian tribe or by another person:

AB40-ASA1,535,18 1. A 24-hour telephone service.

AB40-ASA1,535,19 2. Temporary housing and food.

AB40-ASA1,535,20 3. Advocacy and counseling for victims.

AB40-ASA1,535,21 4. Referral and follow-up services.

AB40-ASA1,535,22 5. Arrangements for education of school-age children.

AB40-ASA1,535,23 6. Emergency transportation to the shelter.

AB40-ASA1,535,24 7. Community education.

AB40-ASA1,536,3 (d) An Indian tribe that provides domestic abuse services under this subsection shall report all of the following information to the department by February 15 annually:

AB40-ASA1,536,5 1. The total expenditures that the Indian tribe made on domestic abuse services in the previous tribal fiscal year.

AB40-ASA1,536,7 2. The expenditures specified in subd. 1. by general category of domestic abuse services provided.

AB40-ASA1,536,9 3. The number of persons served in the previous tribal fiscal year by general type of domestic abuse service.

AB40-ASA1,536,12 4. The number of persons who were in need of domestic abuse services in the previous tribal fiscal year but who did not receive the domestic abuse services that they needed.

AB40-ASA1,908 Section 908. 48.487 (7) of the statutes is created to read:

AB40-ASA1,536,16 48.487 (7) Child welfare services. An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide child welfare services as authorized under 42 USC 621 to 628b.

AB40-ASA1,909 Section 909. 48.56 (title) of the statutes is amended to read:

AB40-ASA1,536,19 48.56 (title) Child welfare services in counties having populations of less than 500,000 750,000.

AB40-ASA1,910 Section 910. 48.56 (1) of the statutes is amended to read:

AB40-ASA1,536,22 48.56 (1) Each county having a population of less than 500,000 750,000 shall provide child welfare services through its county department.

AB40-ASA1,911 Section 911. 48.561 (title) of the statutes is amended to read:

AB40-ASA1,536,25 48.561 (title) Child welfare services in a county having a population of 500,000 750,000 or more.

AB40-ASA1,912 Section 912. 48.561 (1) of the statutes is amended to read:

AB40-ASA1,537,3 48.561 (1) The department shall provide child welfare services in a county having a population of 500,000 750,000 or more.