SB601: Bill Text

SB601,6,2 20.410 (3) (o) (title) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children under ss. 938.48 (4) and (14) and 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.

SB601, s. 3 Section 3. 20.410 (3) (oo) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB601,6,9 20.410 (3) (oo) Federal aid; community youth and family aids. All federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985 and all federal moneys received relating to providing care in foster homes, treatment foster homes, group homes or child caring institutions for the purposes of s. 301.26, and all other federal moneys received for meeting costs under s. 301.26.

SB601, s. 4 Section 4. 20.435 (3) (cf) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,6,13 20.435 (3) (cf) (title) Foster, treatment foster and family-operated group home parent insurance and liability.

SB601, s. 5 Section 5. 20.435 (3) (dd) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,6,19 20.435 (3) (dd) State foster care and adoption services. The amounts in the schedule for foster care, treatment foster care, institutional child care and subsidized adoptions under ss. 48.48 (12) and 48.52, for the cost of care for children under s. 49.19 (10) (d) and for the cost of the foster care monitoring system.

SB601, s. 6 Section 6. 20.435 (3) (pd) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,7,2 20.435 (3) (pd) Federal aid; state foster care and adoption services. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care under s. 48.52, and for the cost of care for children under s. 49.19 (10) (d). Disbursements for foster care under s. 46.03 (20) and for the purposes described under s. 48.627 may be made from this appropriation.

SB601, s. 7 Section 7. 20.435 (7) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,7,21 20.435 (7) (b) Community aids. The amounts in the schedule for human services under s. 46.40, for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health and family services may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under ss. 46.495 (2) (b) and 51.423 (15) from prior year audit adjustments including those resulting from audits of services under s. 46.26, 1993 stats., or s. 46.27. Except for amounts authorized to be carried forward under s. 46.45, all funds recovered under ss. 46.495 (2) (b) and 51.423 (15) and all funds allocated under s. 46.40 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB601, s. 8 Section 8. 20.445 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,8,13 20.445 (3) (d) Income maintenance payments to individuals and counties. A sum sufficient to provide state aid for county administered public assistance programs for which reimbursement is provided under s. 49.33 (9) and to provide reimbursement to counties for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62. Total payments under this paragraph to a county for the reimbursement of nonlegally responsible relative foster care costs incurred in a calendar year may not exceed the amount for which the county was reimbursed under this paragraph for nonlegally responsible relative foster care costs incurred in 1994. Disbursements for public assistance may be made directly from this appropriation including the state and county share under s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a) shall be returned to this appropriation. The receipt of the counties' payments for their share under s. 46.03 (20) shall be returned to this appropriation.

SB601, s. 9 Section 9. 46.03 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,8,20 46.03 (7m) Foster care. In each federal fiscal year, ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.

SB601, s. 10 Section 10. 46.036 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2051, is amended to read:

SB601,9,7 46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, except as provided under subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

SB601, s. 11 Section 11. 46.10 (14) (a) of the statutes is amended to read:

SB601,9,22 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, Mendota mental health institute and Winnebago mental health institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

SB601, s. 12 Section 12. 46.10 (14) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,10,9 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).

SB601, s. 13 Section 13. 46.16 (2) of the statutes is amended to read:

SB601,10,19 46.16 (2) (title) Child welfare agencies; foster homes; treatment foster homes; child care centers; day nurseries; nursery schools. It may license and revoke licenses of and exercise supervision over all child welfare agencies and the placement of children in foster homes and treatment foster homes, and grant permits to foster homes, treatment foster homes, child care centers, day nurseries and nursery schools. In the discharge of this duty it may inspect the records of child welfare agencies, child care centers, day nurseries, nursery schools and visit all institutions conducted by them and all foster homes and treatment foster homes in which children are placed.

SB601, s. 14 Section 14. 46.21 (2) (j) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,11,5 46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director which relates to community living arrangements, adult family homes, or foster homes or treatment foster homes and which was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases.

SB601, s. 15 Section 15. 46.48 (3) (a) of the statutes is amended to read:

SB601,11,16 46.48 (3) (a) The department shall distribute $497,200 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 foster home, as defined in s. 48.02 (6), or a treatment foster home, as defined in s. 48.02 (17q), for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments 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.

SB601, s. 16 Section 16. 46.48 (15) (a) 1. of the statutes is amended to read:

SB601,11,21 46.48 (15) (a) 1. For recruiting, training and licensing new foster parents and treatment foster parents for children in Milwaukee county and for providing ongoing family reunification services for children and families in Milwaukee county, $750,000 in each fiscal year.

SB601, s. 17 Section 17. 46.48 (15) (a) 2. of the statutes is amended to read:

SB601,11,24 46.48 (15) (a) 2. For purchasing foster parent and treatment foster parent training from a private or educational agency, $150,000 in each fiscal year.

SB601, s. 18 Section 18. 46.48 (15) (a) 3. of the statutes is amended to read:

SB601,12,4 46.48 (15) (a) 3. For enhancing Milwaukee county's capacity to assess the needs of children who are in long-term foster or treatment foster care and children who are new to foster or treatment foster care, for recruiting and investigating proposed adoptive parents and for prosecuting adoption petitions, $130,000 in each fiscal year.

SB601, s. 19 Section 19. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,12,21 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid under s. 49.19, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB601, s. 20 Section 20. 46.51 (4) of the statutes is amended to read:

SB601,13,2 46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and treatment foster parents to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect.

SB601, s. 21 Section 21. 46.56 (8) (L) of the statutes is amended to read:

SB601,13,10 46.56 (8) (L) In providing integrated services under this section, the service coordination agency and the designated service providers shall include in the integrated service plan all individuals who are active in the care of the child with severe disabilities, including members of the child's family, foster parents, treatment foster parents and other individuals who by close and continued association with the child have come to occupy significant roles in the care and treatment of the child with severe disabilities.

SB601, s. 22 Section 22. 46.98 (1) (c) of the statutes is amended to read:

SB601,13,13 46.98 (1) (c) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

SB601, s. 23 Section 23. 46.985 (1) (f) of the statutes is amended to read:

SB601,13,17 46.985 (1) (f) "Parent" means a parent, guardian, legal custodian or a person acting in the place of a parent, but does not include a foster parent , treatment foster parent or any other paid care provider.

SB601, s. 24 Section 24. 48.01 (1) (gg) of the statutes is amended to read:

SB601,13,21 48.01 (1) (gg) To promote the adoption of children into stable families rather than allowing children to remain in the impermanence of foster or treatment foster care.

SB601, s. 25 Section 25. 48.02 (5j) of the statutes is created to read:

SB601,13,25 48.02 (5j) "Family foster home" means a facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings.

SB601, s. 26 Section 26. 48.02 (6) of the statutes is amended to read:

SB601,14,5 48.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings and includes a family foster home, a treatment foster home and a village foster home.

SB601, s. 27 Section 27. 48.02 (22) of the statutes is created to read:

SB601,14,12 48.02 (22) "Village foster home" means a facility that is operated by a person required to be licensed by s. 48.62 (1) (c), that provides care and maintenance for no more than 6 children, that is clustered in a village setting with other facilities licensed under s. 48.62 (1) (c), that has as its goal the provision of a stable, long-term placement for those children and that employs individuals on a long-term basis to provide that care and maintenance.

SB601, s. 28 Section 28. 48.023 (intro.) of the statutes is amended to read:

SB601,14,18 48.023 Guardianship. (intro.) A Except as limited by an order of the court under s. 48.977 (5) (b), a person appointed by the court to be the guardian of a child under this chapter has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare, including but not limited to:

SB601, s. 29 Section 29. 48.065 (3) (g) of the statutes is created to read:

SB601,14,21 48.065 (3) (g) Conduct hearings, make findings or issue orders in proceedings under s. 48.977.

SB601, s. 30 Section 30. 48.09 (5) of the statutes is amended to read:

SB601,15,3 48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

SB601, s. 31 Section 31. 48.14 (2) (b) of the statutes is amended to read:

SB601,15,8 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832 and , 48.839 (4) (a) and 48.977 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

SB601, s. 32 Section 32. 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,15,19 48.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13, 48.135 and 48.14 (1) to (9) may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).

SB601, s. 33 Section 33. 48.185 (2) of the statutes is amended to read:

SB601,16,4 48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent.

SB601, s. 34 Section 34. 48.207 (1) (c) of the statutes is amended to read:

SB601,16,7 48.207 (1) (c) A licensed foster home or a licensed treatment foster home provided the placement does not violate the conditions of the license.

SB601, s. 35 Section 35. 48.207 (1) (f) of the statutes is amended to read:

SB601,16,12 48.207 (1) (f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license refused, revoked or suspended within the last 2 years.

SB601, s. 36 Section 36. 48.207 (3) of the statutes is amended to read:

SB601,16,17 48.207 (3) A child taken into custody under s. 48.981 may be held in a hospital, foster home, treatment foster home, relative's home or other appropriate medical or child welfare facility which is not used primarily for the detention of delinquent children.

SB601, s. 37 Section 37. 48.235 (1) (c) of the statutes is amended to read:

SB601,16,22 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, and for a child who is the subject of a contested adoption proceeding and for a child who is the subject of a proceeding under s. 48.977.

SB601, s. 38 Section 38. 48.235 (4) (a) 7g. of the statutes is created to read:

SB601,17,3 48.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977 (2), the revision of a guardianship order under s. 48.977 (6) or the removal of a guardian under s. 48.977 (7).

SB601, s. 39 Section 39. 48.299 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,17,7 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at the fact-finding hearings under ss. 48.31 and, 48.42 and 48.977 (4) (d).

SB601, s. 40 Section 40. 48.299 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,17,22 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, revision of dispositional orders or, extension of dispositional orders or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6). At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB601, s. 41 Section 41. 48.33 (4) (intro.) of the statutes is amended to read:

SB601,18,3 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home or child caring institution shall be in writing and shall include all of the following:

SB601, s. 42 Section 42. 48.33 (5) of the statutes is amended to read:

SB601,18,15 48.33 (5) (title) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent or treatment foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

SB601, s. 43 Section 43. 48.345 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB601,18,19 48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or a group home licensed under s. 48.625.

SB601, s. 44 Section 44. 48.355 (2) (b) 2. of the statutes is amended to read:

SB601,19,6 48.355 (2) (b) 2. If the child is placed outside the home, the name of the place or facility, including transitional placements, where the child shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the judge finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the child, or the foster parent or the treatment foster parent, the judge may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.

SB601, s. 45 Section 45. 48.357 (1) of the statutes is amended to read:

SB601,20,4 48.357 (1) The person or agency primarily responsible for implementing the dispositional order may request a change in the placement of the child, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the child or the child's counsel or guardian ad litem, parent, foster parent, guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 48.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days of receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the child, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a child from a foster home, the foster parent may submit a written statement prior to the hearing.

SB601, s. 46 Section 46. 48.368 of the statutes is renumbered 48.368 (1).

SB601, s. 47 Section 47. 48.368 (2) of the statutes is created to read: