SB481: Bill Text

1. Must comply with the open records laws, except that the district may not disclose information about a person in the care of the district unless permitted to under an exception to the confidentiality requirements of the Children's Code.

2. Must comply with the open meetings laws.

3. Is subject to auditing by the legislative audit bureau and review of the district's performance by the joint legislative audit committee.

4. Is an employer for all purposes of the municipal employment relations laws; as such, employees of the district may organize and seek to establish wages, hours, and conditions of employment through collective bargaining.

5. May participate in the local government pooled-investment fund.

6. May contract with municipalities and federally recognized American Indian tribes and bands in this state for the receipt or furnishing of services or the joint exercise of required or authorized powers or duties.

7. Is exempt from local property tax and state income tax.

8. May participate in programs of state retirement, health and long-term care benefits, disability benefits and survivor benefits, deferred compensation plans, employee-funded reimbursement accounts, and health insurance premium credits and be included as a coverage group under the federal Social Security Act.

9. Is an "employer" for the purposes of coverage for group and individual health benefits and for small employer health insurance.

10. Is a "municipality" for the purposes of laws relating to the publication of legal notices.

Finally, under the bill, obligations and debts of the district are not the obligations or debts of the county that created the district. The district may be dissolved by joint action of the district board and the county board that created the district, subject to performance of its contractual obligations and approval by the secretary of health and family services.

This bill will be referred to the joint survey committee on retirement systems for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB481, s. 1 Section 1. 13.94 (4) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB481,5,16 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council, or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and, a family care district under s. 46.2895, and the Milwaukee County child welfare district under s. 48.562; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association, or other organization which that receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB481, s. 2 Section 2. 13.94 (4) (b) of the statutes is amended to read:

SB481,5,24 13.94 (4) (b) In performing audits of family care districts under s. 46.2895, the Milwaukee County child welfare district under s. 48.562, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement, or other handling of appropriations made by state law.

SB481, s. 3 Section 3. 17.13 (intro.) of the statutes is amended to read:

SB481,6,5 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and Milwaukee County child welfare district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts, and family care districts and of the Milwaukee County child welfare district may be removed as follows:

SB481, s. 4 Section 4. 17.13 (5) of the statutes is created to read:

SB481,6,9 17.13 (5) Appointive officers of the Milwaukee County child welfare district. Any member of the Milwaukee County child welfare district board appointed under s. 48.562 (3) (a), by the appointing authority for cause.

SB481, s. 5 Section 5. 17.27 (3p) of the statutes is created to read:

SB481,6,15 17.27 (3p) Milwaukee County child welfare district board. If a vacancy occurs in the position of any appointed member of the Milwaukee County child welfare district board, the appointing authority shall appoint to serve for the residue of the unexpired term a person who meets the applicable requirements under s. 48.562 (3) (b).

SB481, s. 6 Section 6. 19.32 (1) of the statutes is amended to read:

SB481,7,3 19.32 (1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department, or public body corporate and politic created by constitution, law, ordinance, rule, or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; the Milwaukee County child welfare district under s. 48.562; any court of law; the assembly or senate; a nonprofit corporation which that receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which that provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.

SB481, s. 7 Section 7. 19.82 (1) of the statutes is amended to read:

SB481,7,15 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department, or public body corporate and politic created by constitution, statute, ordinance, rule, or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; the Milwaukee County child welfare district under s. 48.562; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which that is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V of ch. 111.

SB481, s. 8 Section 8. 25.50 (1) (d) of the statutes is amended to read:

SB481,8,2 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, public library system, school district, or technical college district in this state, the Milwaukee County child welfare district under s. 48.562, any commission, committee, board, or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02, or 234.02.

SB481, s. 9 Section 9. 40.02 (28) of the statutes is amended to read:

SB481,8,13 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit , or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229 and, a family care district created under s. 46.2895, and the Milwaukee County child welfare district created under s. 48.562, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB481, s. 10 Section 10. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act 65, section 12, and 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

SB481,8,25 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit, or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a family care district created under s. 46.2895, and the Milwaukee County child welfare district created under s. 48.562, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB481, s. 11 Section 11. 40.02 (36) of the statutes is amended to read:

SB481,9,12 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employees of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission , or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, for a local exposition district created under subch. II of ch. 229 or, for a family care district created under s. 46.2895, or for the Milwaukee County child welfare district created under s. 48.562, but does not include a local cultural arts district created under subch. V of ch. 229.

SB481, s. 12 Section 12. 46.24 of the statutes is amended to read:

SB481,9,21 46.24 Assistance to minors concerning parental consent for abortion. If a minor who is contemplating an abortion requests assistance from a county department under s. 46.215, 46.22, or 46.23 or the Milwaukee County child welfare district in seeking the consent of the minor's parent, guardian , or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking a waiver from the circuit court, the county department or child welfare district shall provide assistance, including, if so requested, accompanying the minor as appropriate.

SB481, s. 13 Section 13. 46.261 (1) (a) of the statutes is amended to read:

SB481,9,25 46.261 (1) (a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a child caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or institution by a county department under s. 46.215, 46.22, or 46.23, by the department, by the Milwaukee County child welfare district, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22 , or 46.23.

SB481, s. 14 Section 14. 46.261 (2) (a) 3. of the statutes is amended to read:

SB481,10,19 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or child caring institution by a licensed child welfare agency, by the Milwaukee County child welfare district, or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or, the department under s. 48.48 (17), or the Milwaukee County child welfare district or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department or the department.

SB481, s. 15 Section 15. 48.069 (2) of the statutes is amended to read:

SB481,11,2 48.069 (2) Except in a county having a population of 500,000 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 or more, the department or, with the approval of the department, a licensed child welfare agency or the Milwaukee County child welfare district shall provide services under this section.

SB481, s. 16 Section 16. 48.07 (3) of the statutes is amended to read:

SB481,11,10 48.07 (3) The department in populous counties. In counties having a population of 500,000 or more, the department may be ordered by the court to provide services for furnishing furnish emergency shelter care to any child whose need therefor for that care is determined by the intake worker under s. 48.205. The court may authorize the department to appoint members or contractors of the department to furnish emergency shelter care services for the child. The emergency shelter care may be provided as specified in s. 48.207.

SB481, s. 17 Section 17. 48.195 (2) (d) 2. of the statutes, as created by 2001 Wisconsin Act 2, is amended to read:

SB481,11,15 48.195 (2) (d) 2. Appropriate staff of the department, county department, Milwaukee County child welfare district, or licensed child welfare agency that is providing services to the child.

SB481, s. 18 Section 18. 48.227 (1) of the statutes is amended to read:

SB481,11,24 48.227 (1) Nothing contained in this section prohibits a home licensed under s. 48.48 or 48.75 from providing housing and services to a runaway child with the consent of the child and the consent of the child's parent, guardian , or legal custodian, under the supervision of a county department, a child welfare agency, the Milwaukee County child welfare district, or the department. When the parent, guardian, or legal custodian and the child both consent to the provision of these services and the child has not been taken into custody, no hearing as described in this section is required.

SB481, s. 19 Section 19. 48.345 (4) (bm) of the statutes is amended to read:

SB481,12,2 48.345 (4) (bm) The department or the Milwaukee County child welfare district in a county having a population of 500,000 or more.

SB481, s. 20 Section 20. 48.355 (2b) of the statutes is amended to read:

SB481,12,13 48.355 (2b) Concurrent reasonable efforts permitted. A county department, the department or the Milwaukee County child welfare district, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order may, at the same time as the county department, department, child welfare district, or agency is making the reasonable efforts required under sub. (2) (b) 6., work with the department, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian, or in some other alternative permanent placement.

SB481, s. 21 Section 21. 48.375 (4) (a) 1. of the statutes is amended to read:

SB481,12,25 48.375 (4) (a) 1. The person or the person's agent has, either directly or through a referring physician or his or her the physician's agent, received and made part of the minor's medical record, under the requirements of s. 253.10, the voluntary and informed written consent of the minor and the voluntary and informed written consent of one of her parents; or of the minor's guardian or legal custodian, if one has been appointed; or of an adult family member of the minor; or of one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the Milwaukee County child welfare district, the foster parent, or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor.

SB481, s. 22 Section 22. 48.375 (4) (b) 1m. of the statutes is amended to read:

SB481,13,12 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents or treatment foster parents, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the Milwaukee County child welfare district, the foster parent, or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.

SB481, s. 23 Section 23. 48.375 (4) (b) 3. of the statutes is amended to read:

SB481,13,25 48.375 (4) (b) 3. The minor provides the person who intends to perform or induce the abortion with a written statement, signed and dated by the minor, that a parent who has legal custody of the minor, or the minor's guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or a foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the Milwaukee County child welfare district, the foster parent, or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, has inflicted abuse on the minor. The person who intends to perform or induce the abortion shall place the statement in the minor's medical record. The person who intends to perform or induce the abortion shall report the abuse as required under s. 48.981 (2).

SB481, s. 24 Section 24. 48.375 (7) (f) of the statutes is amended to read:

SB481,14,10 48.375 (7) (f) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home and the minor's parent has signed a waiver granting the department, a county department, the Milwaukee County child welfare district, the foster parent, or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, of any minor who is seeking a court determination under this subsection may attend, intervene, or give evidence in any proceeding under this subsection.

SB481, s. 25 Section 25. 48.38 (1) (a) of the statutes is amended to read:

SB481,14,13 48.38 (1) (a) "Agency" means the department, a county department, the Milwaukee County child welfare district, or a licensed child welfare agency.

SB481, s. 26 Section 26. 48.40 (1) of the statutes is amended to read:

SB481,14,17 48.40 (1) Except as otherwise provided, "agency" means the department, a county department, the Milwaukee County child welfare district, or a licensed child welfare agency.

SB481, s. 27 Section 27. 48.427 (3m) (a) 3m. of the statutes is created to read:

SB481,14,19 48.427 (3m) (a) 3m. The Milwaukee County child welfare district.

SB481, s. 28 Section 28. 48.428 (2) (a) of the statutes is amended to read:

SB481,15,6 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 or the Milwaukee County child welfare district, 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 The licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child is placed under this paragraph shall be a sustaining parent with the powers and duties specified in sub. (3).

SB481, s. 29 Section 29. 48.428 (2) (b) of the statutes is amended to read:

SB481,15,20 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 or the Milwaukee County child welfare district, 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, that The licensed foster parent, licensed treatment foster parent, or kinship care relative with whom the child is placed under this paragraph 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.

SB481, s. 30 Section 30. 48.43 (7) of the statutes is amended to read:

SB481,16,3 48.43 (7) If the agency specified under sub. (1) (a) is the department and a permanent adoptive 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 or, in a county having a population of 500,000 or more, the Milwaukee County child welfare district. The court shall transfer the child's custody to the county department or child welfare district specified in the petition. The department shall remain the child's guardian.

SB481, s. 31 Section 31. 48.48 (17) (a) 3. of the statutes is amended to read:

SB481,16,17 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for those children by licensed child welfare agencies or by the Milwaukee County child welfare district, 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.

SB481, s. 32 Section 32. 48.48 (17) (a) 11. of the statutes is amended to read:

SB481,16,22 48.48 (17) (a) 11. Contract with the county department under s. 46.215, 51.42, or 51.437 or, with a licensed child welfare agency, or with the Milwaukee County child welfare district to provide any of the services that the department is authorized to provide under this chapter.

SB481, s. 33 Section 33. 48.562 of the statutes is created to read:

SB481,17,4 48.562 Milwaukee County child welfare district. (1) Creation. The county board of supervisors of a county having a population of 500,000 or more may create a special purpose district that is termed the "Milwaukee County child welfare district," that is a local unit of government, that is separate and distinct from, and independent of, the state and the county, and that has the powers and duties specified in this section, if the county board does all of the following:

SB481,17,5 (a) Adopts an enabling resolution that does all of the following:

SB481,17,6 1. Establishes the Milwaukee County child welfare district.

SB481,17,8 2. Specifies the district's primary purpose, which shall be to provide, under contract with the department, child welfare services under this chapter.

SB481,17,10 (b) Files copies of the enabling resolution with the secretary of administration, the secretary of health and family services, and the secretary of revenue.

SB481,17,12 (2) Jurisdiction. The Milwaukee County child welfare district's jurisdiction is the geographical area of Milwaukee County.

SB481,17,16 (3) Milwaukee County child welfare district board. (a) The county executive of a county having a population of 500,000 or more shall appoint the members of the Milwaukee County child welfare district board, which is the governing board of the Milwaukee County child welfare district.

SB481,17,21 (b) 1. The Milwaukee County child welfare district board shall consist of 15 persons who are residents of the area of jurisdiction of the district. At least one-fourth of the members shall be representative of the client groups whom it is the district's primary purpose to serve or the family members, guardians, or other advocates of the children and families that are served by the district.

SB481,18,2 2. Membership of the Milwaukee County child welfare district board shall reflect the ethnic and economic diversity of the area of jurisdiction of the district. No member of the board may be an elected or appointed official or employee of the county that created the district. No member of the board may have a private financial interest in or profit directly or indirectly from any contract or other business of the district.