SB481: Bill Text

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.

SB481,18,8 (c) The members of the Milwaukee County child welfare district board shall serve 5-year terms. No member may serve more than 2 consecutive terms. Of the members first appointed, 5 shall be appointed for 3 years; 5 shall be appointed for 4 years; and 5 shall be appointed for 5 years. A member shall serve until the member's successor is appointed, unless the member is removed for cause under s. 17.13.

SB481,18,15 (d) As soon as possible after the appointment of the initial members of the Milwaukee County child welfare district board, the board shall organize for the transaction of business and elect a chairperson and other necessary officers. Each chairperson shall be elected by the board from time to time for the term of that chairperson's office as a member of the board or for the term of 3 years, whichever is shorter, and shall be eligible for reelection. A majority of the board shall constitute a quorum. The board may act based on the affirmative vote of a majority of a quorum.

SB481,18,21 (4) Powers. The Milwaukee County child welfare district has all of the powers necessary or convenient to provide, under contract with the department, child welfare services under this chapter, including all of the powers of the department relating to the provision of those services in a county having a population of 500,000 or more that the department, by contract, authorizes the district to exercise. In addition to those powers, the district may do all of the following:

SB481,18,22 (a) Adopt and alter, at pleasure, an official seal.

SB481,19,2 (b) Adopt bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies, and procedures shall comply with all state laws, rules, policies, and procedures governing the provision of child welfare services by the department in a county having a population of 500,000 or more and with the terms of the district's contract with the department under par. (d).

SB481,19,3 (c) Sue and be sued.

SB481,19,5 (d) Negotiate and enter into leases or contracts, including a contract with the department to provide child welfare services under this chapter.

SB481,19,7 (e) Provide services to children and families, in addition to the services funded under the contract with the department under par. (d).

SB481,19,9 (f) Acquire, construct, equip, maintain, improve, and manage facilities necessary for the provision of child welfare services under this chapter.

SB481,19,14 (g) Subject to sub. (8), employ any agent, employee, or special adviser that the district finds necessary; fix and regulate that person's compensation; and provide that person, either directly or as a participant in a benefit plan of another governmental entity under an agreement under s. 66.0301, with any employee benefits, including an employee pension plan.

SB481,19,15 (h) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB481,19,17 (i) Buy, sell, or lease property, including real estate, and maintain or dispose of the property.

SB481,19,19 (j) Invest any funds not required for immediate disbursement in any of the following:

SB481,19,21 1. An interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b).

SB481,19,23 2. Time deposits in any financial institution, as defined in s. 69.30 (1) (b), if the time deposits mature in not more than 2 years.

SB481,20,3 3. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board, or other instrumentality of the federal government.

SB481,20,6 (k) Create a risk reserve or other special reserve as the district board desires or as the department requires under the district's contract with the department under par. (d).

SB481,20,10 (L) Accept aid, including loans, to accomplish the purpose of the district from any local, state, or federal governmental agency or accept gifts, loans, grants, or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant, or bequest is furnished are not in conflict with this section.

SB481,20,12 (m) Make and execute other instruments necessary or convenient to exercise the powers of the district.

SB481,20,14 (5) Limitation on powers. The Milwaukee County child welfare district may not issue bonds or levy a tax or assessment.

SB481,20,16 (6) Duties. The Milwaukee County child welfare district board shall do all of the following:

SB481,20,17 (a) Appoint a director, who shall hold office at the pleasure of the board.

SB481,20,19 (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employees of the district.

SB481,20,21 (c) Ensure compliance with the terms of any contract with the department under sub. (4) (d).

SB481,20,23 (d) Establish a fiscal operating year and annually adopt a budget for the district.

SB481,20,24 (e) Contract for any legal services required for the district.

SB481,21,5 (f) Subject to sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets, and other necessary insurance; establish and administer a plan of self-insurance; or, under an agreement under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB481,21,7 (7) Director; duties. The director appointed under sub. (6) (a) shall do all of the following:

SB481,21,9 (a) Manage the property and business of the district and manage the employees of the district, subject to the general control of the board.

SB481,21,11 (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the board.

SB481,21,13 (c) Perform such duties, in addition to those specified in pars. (a) and (b), as are prescribed by the board.

SB481,21,15 (8) Employment and employee benefits of certain employees. (a) The Milwaukee County child welfare district board shall do all of the following:

SB481,22,2 1. If the district offers employment to any individual who was previously employed by the county, who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, and whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the expiration of that collective bargaining agreement or the adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

SB481,22,11 2. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, but whose wages, hours, and conditions of employment were not established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, initially provide that individual the same compensation and benefits that the individual received while employed by the county.

SB481,22,18 3. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, recognize all years of service that the individual had with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

SB481,22,20 (b) The county board of supervisors of the area of jurisdiction of the Milwaukee County child welfare district shall do all of the following:

SB481,22,22 1. Provide that district employees are eligible to participate in the county retirement system.

SB481,23,2 2. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to receive health care coverage under any county health insurance plan that is offered to county employees.

SB481,23,7 3. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employees, including disability and long-term care insurance coverage and income continuation insurance coverage.

SB481,23,12 (9) Confidentiality of records. No record, as defined in s. 19.32 (2), of the Milwaukee County child welfare district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the district may be disclosed by the district without the individual's informed consent, except as permitted under s. 48.78 (2).

SB481,23,15 (10) Obligations and debts not those of county. The obligations and debts of the Milwaukee County child welfare district are not the obligations or debts of the county that created the district.

SB481,23,20 (11) Assistance to Milwaukee County child welfare district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors of the county that created the Milwaukee County child welfare district may appropriate moneys to the district as a gift or may lend moneys to the district.

SB481,24,3 (12) Dissolution. Subject to the performance of its contractual obligations and to prior approval by the secretary of health and family services, the Milwaukee County child welfare district may be dissolved by joint action of the district board and county board of supervisors of the county that created the district. If the district is dissolved, the property of the district shall be transferred to the county board of supervisors of the county that created the district, except that if the district has funds in a risk reserve disposition of those funds shall be made under the terms of the district's contract with the department.

SB481, s. 34 Section 34. 48.62 (1) (a) of the statutes is amended to read:

SB481,24,11 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.