AB56-ASA1,305,21 1848.13 Jurisdiction over children alleged to be in need of protection or
19services.
Except as provided in s. 48.028 (3), the court has exclusive original
20jurisdiction over a child alleged to be in need of protection or services which can be
21ordered by the court, and if one of the following applies:
AB56-ASA1,305,22 22(1) Who The child is without a parent or guardian;.
AB56-ASA1,305,23 23(2) Who The child has been abandoned;.
AB56-ASA1,305,25 24(2m) Whose The child's parent has relinquished custody of the child under s.
2548.195 (1);.
AB56-ASA1,306,2
1(3) Who The child has been the victim of abuse, as defined in s. 48.02 (1) (a) or
2(b) to (g), including injury that is self-inflicted or inflicted by another;.
AB56-ASA1,306,6 3(3m) Who The child is at substantial risk of becoming the victim of abuse, as
4defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted
5by another, based on reliable and credible information that another child in the home
6has been the victim of such abuse;.
AB56-ASA1,306,9 7(4) Whose The child's parent or guardian signs the petition requesting
8jurisdiction under this subsection and is unable or needs assistance to care for or
9provide necessary special treatment or care for the child;.
AB56-ASA1,306,12 10(4m) Whose The child's guardian is unable or needs assistance to care for or
11provide necessary special treatment or care for the child, but is unwilling or unable
12to sign the petition requesting jurisdiction under this subsection ;.
AB56-ASA1,306,13 13(5) Who The child has been placed for care or adoption in violation of law; .
AB56-ASA1,306,15 14(8) Who The child is receiving inadequate care during the period of time a
15parent is missing, incarcerated, hospitalized or institutionalized ;.
AB56-ASA1,306,19 16(9) Who The child is at least age 12, signs the petition requesting jurisdiction
17under this subsection and is in need of special treatment or care which the parent,
18guardian or legal custodian is unwilling, neglecting, unable or needs assistance to
19provide;.
AB56-ASA1,306,23 20(10) Whose The child's parent, guardian or legal custodian neglects, refuses or
21is unable for reasons other than poverty to provide necessary care, food, clothing,
22medical or dental care or shelter so as to seriously endanger the physical health of
23the child;.
AB56-ASA1,307,6 24(10m) Whose The child's parent, guardian or legal custodian is at substantial
25risk of neglecting, refusing or being unable for reasons other than poverty to provide

1necessary care, food, clothing, medical or dental care or shelter so as to endanger
2seriously the physical health of the child, based on reliable and credible information
3that the child's parent, guardian or legal custodian has neglected, refused or been
4unable for reasons other than poverty to provide necessary care, food, clothing,
5medical or dental care or shelter so as to endanger seriously the physical health of
6another child in the home;.
AB56-ASA1,307,10 7(11) Who The child is suffering emotional damage for which the parent,
8guardian or legal custodian has neglected, refused or been unable and is neglecting,
9refusing or unable, for reasons other than poverty, to obtain necessary treatment or
10to take necessary steps to ameliorate the symptoms; .
AB56-ASA1,307,13 11(11m) Who The child is suffering from an alcohol and other drug abuse
12impairment, exhibited to a severe degree, for which the parent, guardian or legal
13custodian is neglecting, refusing or unable to provide treatment ; or.
AB56-ASA1,307,15 14(13) Who The child has not been immunized as required by s. 252.04 and not
15exempted under s. 252.04 (3).
AB56-ASA1,493 16Section 493 . 48.13 (14) of the statutes is created to read:
AB56-ASA1,307,2217 48.13 (14) The child's parent is residing in a qualifying residential
18family-based treatment facility or will be residing at such a facility at the time of a
19child's placement with the parent in the facility, signs the petition requesting
20jurisdiction under this subsection, and, with the department's consent, requests that
21the child reside with him or her at the qualifying residential family-based treatment
22facility.
AB56-ASA1,494 23Section 494 . 48.207 (1) (L) of the statutes is created to read:
AB56-ASA1,308,224 48.207 (1) (L) With a parent in a qualifying residential family-based treatment
25facility if the child's permanency plan includes a recommendation for such a

1placement under s. 48.38 (4) (em) before the placement is made and the parent
2consents to the placement.
AB56-ASA1,495 3Section 495 . 48.345 (3) (c) of the statutes is amended to read:
AB56-ASA1,308,64 48.345 (3) (c) A foster home licensed under s. 48.62, a group home licensed
5under s. 48.625, a foster home, group home, or similar facility regulated in another
6state,
or in the home of a guardian under s. 48.977 (2).
AB56-ASA1,496 7Section 496 . 48.345 (3) (cm) of the statutes is amended to read:
AB56-ASA1,308,118 48.345 (3) (cm) A group home described in s. 48.625 (1m) or a similar facility
9regulated in another state,
if the child is at least 12 years of age, is a custodial parent,
10as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care,
11and is in need of a safe and structured living arrangement.
AB56-ASA1,497 12Section 497 . 48.345 (3) (d) of the statutes is amended to read:
AB56-ASA1,308,1513 48.345 (3) (d) A residential treatment care center for children and youth
14operated by a child welfare agency licensed under s. 48.60, or a similar facility
15regulated in another state
.
AB56-ASA1,498 16Section 498 . 48.345 (3) (e) of the statutes is created to read:
AB56-ASA1,308,2017 48.345 (3) (e) With a parent in a qualifying residential family-based treatment
18facility, or a similar facility regulated in another state, if the child's permanency plan
19includes a recommendation for such a placement under s. 48.38 (4) (em) before the
20placement is made.
AB56-ASA1,499 21Section 499 . 48.38 (2) (intro.) of the statutes is amended to read:
AB56-ASA1,309,622 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3),
23for each child living in a foster home, group home, residential care center for children
24and youth, juvenile detention facility, shelter care facility, qualifying residential
25family-based treatment facility with a parent,
or supervised independent living

1arrangement, the agency that placed the child or arranged the placement or the
2agency assigned primary responsibility for providing services to the child under s.
348.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
4conditions exists, and, for each child living in the home of a guardian or a relative
5other than a parent, that agency shall prepare a written permanency plan, if any of
6the conditions specified in pars. (a) to (e) exists:
AB56-ASA1,500 7Section 500 . 48.38 (2) (d) of the statutes is amended to read:
AB56-ASA1,309,108 48.38 (2) (d) The child was placed under a voluntary agreement between the
9agency and the child's parent under s. 48.63 (1) (a) or (bm) or (5) (b) or under a
10voluntary transition-to-independent-living agreement under s. 48.366 (3).
AB56-ASA1,501 11Section 501 . 48.38 (4) (em) of the statutes is created to read:
AB56-ASA1,309,1312 48.38 (4) (em) A recommendation regarding placement with a parent in a
13qualifying residential family-based treatment facility.
AB56-ASA1,507 14Section 507 . 48.48 (17) (a) 3. of the statutes is amended to read:
AB56-ASA1,310,415 48.48 (17) (a) 3. Provide appropriate protection and services for children and
16the expectant mothers of unborn children in its care, including providing services for
17those children and their families and for those expectant mothers in their own
18homes, placing the those children in licensed foster homes or group homes in this
19state or similar facilities regulated in another state within a reasonable proximity
20to the agency with legal custody, placing the those children in the homes of guardians
21under s. 48.977 (2), placing those children in a qualifying residential family-based
22treatment facility with a parent or in similar facilities regulated in another state,
or
23contracting for services for those children by licensed child welfare agencies in this
24state or a similar child welfare agency regulated in another state
, except that the
25department may not purchase the educational component of private day treatment

1programs unless the department, the school board, as defined in s. 115.001 (7), and
2the state superintendent of public instruction all determine that an appropriate
3public education program is not available. Disputes between the department and the
4school district shall be resolved by the state superintendent of public instruction.
AB56-ASA1,508 5Section 508 . 48.48 (17) (c) 4. of the statutes is amended to read:
AB56-ASA1,310,96 48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center
7for children and youth, qualifying residential family-based treatment facility, or a
8similar facility regulated in another state
or in a supervised independent living
9arrangement.
AB56-ASA1,509 10Section 509 . 48.481 (3) of the statutes is repealed.
AB56-ASA1,511 11Section 511 . 48.487 (1m) of the statutes is amended to read:
AB56-ASA1,310,1712 48.487 (1m) Tribal family services grants. From the appropriation account
13under s. 20.437 (1) (bd) (js), the department may distribute tribal family services
14grants to the elected governing bodies of the Indian tribes in this state. An elected
15governing body that receives a grant under this subsection may expend the grant
16moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b),
17(6), and (7) as determined by that body.
AB56-ASA1,512 18Section 512 . 48.526 (7) (intro.) of the statutes is amended to read:
AB56-ASA1,310,2319 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability
20of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate
21funds for community youth and family aids for the period beginning on July 1, 2015
222019, and ending on June 30, 2017 2021, as provided in this subsection to county
23departments under ss. 46.215, 46.22, and 46.23 as follows:
AB56-ASA1,513m 24Section 513m. 48.526 (7) (a) of the statutes is amended to read:
AB56-ASA1,311,4
148.526 (7) (a) For community youth and family aids under this section,
2amounts not to exceed $45,572,100 $45,383,600 for the last 6 months of 2015,
3$91,150,200
2019, $90,767,200 for 2016 2020, and $45,578,100 $45,383,600 for the
4first 6 months of 2017 2021.
AB56-ASA1,514 5Section 514 . 48.526 (7) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,311,96 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall
7allocate $2,000,000 for the last 6 months of 2015 2019, $4,000,000 for 2016 2020, and
8$2,000,000 for the first 6 months of 2017 2021 to counties based on each of the
9following factors weighted equally:
AB56-ASA1,515 10Section 515 . 48.526 (7) (bm) of the statutes is amended to read:
AB56-ASA1,311,1611 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall
12allocate $6,250,000 for the last 6 months of 2015 2019, $12,500,000 for 2016 2020,
13and $6,250,000 for the first 6 months of 2017 2021 to counties based on each county's
14proportion of the number of juveniles statewide who are placed in a juvenile
15correctional facility or a secured residential care center for children and youth during
16the most recent 3-year period for which that information is available.
AB56-ASA1,516 17Section 516 . 48.526 (7) (c) of the statutes is amended to read:
AB56-ASA1,311,2518 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate
19$1,053,200 for the last 6 months of 2015 2019, $2,106,500 for 2016 2020, and
20$1,053,300 for the first 6 months of 2017 2021 to counties based on each of the factors
21specified in par. (b) 1. to 3. weighted equally, except that no county may receive an
22allocation under this paragraph that is less than 93 percent nor more than 115
23percent of the amount that the county would have received under this paragraph if
24the allocation had been distributed only on the basis of the factor specified in par. (b)
253.
AB56-ASA1,517
1Section 517. 48.526 (7) (e) of the statutes is amended to read:
AB56-ASA1,312,62 48.526 (7) (e) For emergencies related to community youth and family aids
3under this section, amounts not to exceed $125,000 for the last 6 months of 2015
42019, $250,000 for 2016 2020, and $125,000 for the first 6 months of 2017 2021. A
5county is eligible for payments under this paragraph only if it has a population of not
6more than 45,000.
AB56-ASA1,518 7Section 518 . 48.526 (7) (h) of the statutes is amended to read:
AB56-ASA1,312,188 48.526 (7) (h) For counties that are purchasing community supervision
9services under s. 938.533 (2), $1,062,400 in the last 6 months of 2017 2019,
10$2,124,800 in 2018 2020, and $1,062,400 in the first 6 months of 2019 2021 for the
11provision of community supervision services for juveniles from that county. In
12distributing funds to counties under this paragraph, the department shall distribute
13to each county the full amount of the charges for the services purchased by that
14county, except that if the amounts available under this paragraph are insufficient to
15distribute that full amount, the department shall distribute those available amounts
16to each county that purchases community supervision services based on the ratio
17that the charges to that county for those services bear to the total charges to all
18counties that purchase those services.
AB56-ASA1,519 19Section 519 . 48.526 (8) of the statutes is amended to read:
AB56-ASA1,312,2320 48.526 (8) Alcohol and other drug abuse treatment. From the amount of the
21allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last
226 months of 2015 2019, $1,333,400 in 2016 2020, and $666,700 in the first 6 months
23of 2017 2021 for alcohol and other drug abuse treatment programs.
AB56-ASA1,522 24Section 522 . 48.53 of the statutes is repealed.
AB56-ASA1,522m 25Section 522m. 48.561 (3) (a) of the statutes is amended to read:
AB56-ASA1,313,4
148.561 (3) (a) A county having a population of 750,000 or more shall contribute
2the greater of $58,893,500 or the amount in the schedule for the appropriation under
3s. 20.437 (1) (cx)
in each state fiscal year for the provision of child welfare services
4in that county by the department. That contribution shall be made as follows:
AB56-ASA1,313,65 1. Through a reduction of $37,209,200 from the amounts distributed to that
6county under ss. 46.40 (2) and 48.563 (2) in each state fiscal year.
AB56-ASA1,313,87 2. Through a reduction of $1,583,000 from the amount distributed to that
8county under s. 46.40 (2m) (a) in each state fiscal year.
AB56-ASA1,313,119 3. Through a deduction of $20,101,300 the remainder of the payment after the
10county's contribution under subds. 1. and 2.
from any state payment due that county
11under s. 79.035, 79.04, or 79.08 as provided in par. (b).
AB56-ASA1,523 12Section 523 . 48.563 (2) of the statutes is amended to read:
AB56-ASA1,313,1613 48.563 (2) County allocation. For children and family services under s. 48.569
14(1) (d), the department shall distribute not more than $70,211,100 $80,125,200 in
15fiscal year 2017-18 2019-20 and $74,308,000 $101,145,500 in fiscal year 2018-19
162020-21.
AB56-ASA1,524 17Section 524 . 48.57 (1) (c) of the statutes is amended to read:
AB56-ASA1,314,718 48.57 (1) (c) To provide appropriate protection and services for children and the
19expectant mothers of unborn children in its care, including providing services for
20those children and their families and for those expectant mothers in their own
21homes, placing those children in licensed foster homes or group homes in this state
22or similar facilities regulated in another state within a reasonable proximity to the
23agency with legal custody, placing those children in the homes of guardians under
24s. 48.977 (2), placing those children in a qualifying residential family-based
25treatment facility, or in a similar facility regulated in another state,
or contracting

1for services for those children by licensed child welfare agencies in this state or a
2child welfare agency regulated in another state
, except that the county department
3may not purchase the educational component of private day treatment programs
4unless the county department, the school board, as defined in s. 115.001 (7), and the
5state superintendent of public instruction all determine that an appropriate public
6education program is not available. Disputes between the county department and
7the school district shall be resolved by the state superintendent of public instruction.
AB56-ASA1,525 8Section 525 . 48.57 (3) (a) 4. of the statutes is amended to read:
AB56-ASA1,314,129 48.57 (3) (a) 4. Is living in a foster home, group home, residential care center
10for children and youth, or subsidized guardianship home, qualifying residential
11family-based treatment facility, or a similar facility regulated in another state
or in
12a supervised independent living arrangement.
AB56-ASA1,526m 13Section 526m. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
AB56-ASA1,314,2214 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
15(me), and (s), the department shall reimburse counties having populations of less
16than 750,000 for payments made under this subsection and shall make payments
17under this subsection in a county having a population of 750,000 or more. Subject
18to par. (ap), a county department and, in a county having a population of 750,000 or
19more, the department shall make payments in the amount of $238 $254 per month
20beginning on January 1, 2018, and $244 per month beginning on January 1, 2019
212020, to a kinship care relative who is providing care and maintenance for a child if
22all of the following conditions are met:
AB56-ASA1,527m 23Section 527m. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB56-ASA1,315,724 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
25(me), and (s), the department shall reimburse counties having populations of less

1than 750,000 for payments made under this subsection and shall make payments
2under this subsection in a county having a population of 750,000 or more. Subject
3to par. (ap), a county department and, in a county having a population of 750,000 or
4more, the department shall make monthly payments for each child in the amount of
5$238 $254 per month beginning on January 1, 2018, and $244 per month beginning
6on January 1, 2019
2020, to a long-term kinship care relative who is providing care
7and maintenance for that child if all of the following conditions are met:
AB56-ASA1,528m 8Section 528m. 48.62 (4) of the statutes is amended to read:
AB56-ASA1,316,39 48.62 (4) Monthly payments in foster care shall be provided according to the
10rates specified in this subsection. Beginning on January 1, 2018 2020, the rates are
11$238 $254 for care and maintenance provided for a child of any age by a foster home
12that is certified to provide level one care, as defined in the rules promulgated under
13sub. (8) (a) and, for care and maintenance provided by a foster home that is certified
14to provide care at a level of care that is higher than level one care, $394 $420 for a
15child under 5 years of age; $431 $460 for a child 5 to 11 years of age; $490 $522 for
16a child 12 to 14 years of age; and $511 $545 for a child 15 years of age or over.
17Beginning on January 1, 2019, the rates are $244 for care and maintenance provided
18for a child of any age by a foster home that is certified to provide level one care, as
19defined in the rules promulgated under sub. (8) (a) and, for care and maintenance
20provided by a foster home that is certified to provide care at a level of care that is
21higher than level one care, $404 for a child under 5 years of age; $442 for a child 5
22to 11 years of age; $502 for a child 12 to 14 years of age; and $524 for a child 15 years
23of age or over.
In addition to these grants for basic maintenance, the department,
24county department, or licensed child welfare agency shall make supplemental
25payments for foster care to a foster home that is receiving an age-related rate under

1this subsection that are commensurate with the level of care that the foster home is
2certified to provide and the needs of the child who is placed in the foster home
3according to the rules promulgated by the department under sub. (8) (c).
AB56-ASA1,529 4Section 529 . 48.623 (3) (a) of the statutes is amended to read:
AB56-ASA1,316,115 48.623 (3) (a) Except as provided in this paragraph, the county department
6shall provide the monthly payments under sub. (1) or (6). The county department
7shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1)
8(d). In a county having a population of 750,000 or more or in the circumstances
9specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly
10payments under sub. (1) or (6). The department shall provide those payments from
11the appropriations under s. 20.437 (1) (dd) (cx) and (pd) (mx).
AB56-ASA1,530 12Section 530 . 48.63 (1) (bm) of the statutes is created to read:
AB56-ASA1,316,1813 48.63 (1) (bm) Acting under a voluntary agreement, a child's parent, the
14department, or a county department may place the child in a qualifying residential
15family-based treatment facility with a parent, if such a placement is recommended
16in the child's permanency plan under s. 48.38 (4) (em) before the placement is made.
17A placement under this paragraph may not exceed 180 days from the date on which
18the child was removed from the home under the voluntary agreement.
AB56-ASA1,531 19Section 531 . 48.63 (1) (c) of the statutes is amended to read:
AB56-ASA1,317,320 48.63 (1) (c) Voluntary agreements may be made only under par. (a) or, (b), or
21(bm)
or sub. (5) (b), shall be in writing, shall state whether the child has been adopted,
22and shall specifically state that the agreement may be terminated at any time by the
23parent, guardian, or Indian custodian or by the child if the child's consent to the
24agreement is required. In the case of an Indian child who is placed under par. (a) or,
25(b), or (bm) by the voluntary agreement of the Indian child's parent or Indian

1custodian, the voluntary consent of the parent or Indian custodian to the placement
2shall be given as provided in s. 48.028 (5) (a). The child's consent to an agreement
3under par. (a) or, (b), or (bm) is required whenever the child is 12 years of age or older.
AB56-ASA1,532 4Section 532 . 48.645 (1) (a) of the statutes is amended to read:
AB56-ASA1,317,145 48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a
6license is required under that section, in a foster home located within the boundaries
7of a reservation in this state and licensed by the tribal governing body of the
8reservation, in a group home licensed under s. 48.625, in a subsidized guardianship
9home under s. 48.623, in a residential care center for children and youth licensed
10under s. 48.60, with a parent in a qualifying residential family-based treatment
11facility,
or in a supervised independent living arrangement and has been placed in
12that home, center, or arrangement by a county department under s. 46.215, 46.22,
13or 46.23, by the department, or by a governing body of an Indian tribe in this state
14under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB56-ASA1,532c 15Section 532c. 48.645 (2) (a) 2. of the statutes is amended to read:
AB56-ASA1,317,2416 48.645 (2) (a) 2. A county or, in a county having a population of 750,000 or more,
17the department, on behalf of a child in the legal custody of a county department under
18s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child
19who was removed from the home of a relative as a result of a judicial determination
20that continuance in the home of a relative would be contrary to the child's welfare
21for any reason when the child is placed in a licensed residential care center for
22children and youth or a qualifying residential family-based treatment center by the
23county department or the department. Reimbursement shall be made by the state
24as provided in subd. 1.
AB56-ASA1,532d 25Section 532d. 48.645 (2) (a) 3. of the statutes is amended to read:
AB56-ASA1,318,11
148.645 (2) (a) 3. A county or, in a county having a population of 750,000 or more,
2the department, when the child is placed in a licensed foster home, group home, or
3residential care center for children and youth, or a qualifying residential
4family-based treatment facility,
in a subsidized guardianship home, or in a
5supervised independent living arrangement by a licensed child welfare agency or by
6a governing body of an Indian tribe in this state or by its designee, if the child is in
7the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
8department under s. 48.48 (17) or if the child was removed from the home of a relative
9as a result of a judicial determination that continuance in the home of the relative
10would be contrary to the child's welfare for any reason and the placement is made
11under an agreement with the county department or the department.
AB56-ASA1,532e 12Section 532e. 48.645 (2) (a) 4. of the statutes is amended to read:
AB56-ASA1,318,2113 48.645 (2) (a) 4. A licensed foster home, group home, or residential care center
14for children and youth, or a qualifying residential family-based treatment facility
15or a subsidized guardianship home when the child is in the custody or guardianship
16of the state, when the child is a ward of a tribal court in this state and the placement
17is made under an agreement between the department and the governing body of the
18Indian tribe of the tribal court, or when the child was part of the state's direct service
19case load and was removed from the home of a relative as a result of a judicial
20determination that continuance in the home of a relative would be contrary to the
21child's welfare for any reason and the child is placed by the department.
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