AB794: Bill Text

LRB-2719/1

EAW:kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 794

December 27, 2017 - Introduced by Representatives Kleefisch, Bowen, Ohnstad, Kolste, Quinn, Krug, Kessler, Kulp, Tauchen, Considine, Subeck, Brostoff, Anderson, Berceau and Tittl, cosponsored by Senators Bewley, Wanggaard, Olsen and L. Taylor. Referred to Committee on Corrections.

AB794,1,11 An Act to repeal 48.66 (1) (b), 48.66 (2m) (am), 48.66 (2m) (bm) and 48.66 (2m) (cm); to renumber and amend 938.357 (4) (b) 2.; to amend 48.48 (9m), 48.60 (2) (c), 48.66 (1) (a), 48.66 (1) (c), 48.66 (2m) (a) 1., 48.66 (2m) (b), 48.67 (intro.), 48.67 (3) (c), 48.67 (5), 48.715 (6), 49.343 (title), 49.343 (1g), 49.343 (2) (a) and (b) 2., 49.857 (1) (d) 3., 51.35 (3) (a), 51.35 (3) (e), 73.0301 (1) (d) 2., 101.123 (1) (ac) 2., 101.123 (2) (d) 3., 108.227 (1) (e) 2., 115.76 (10), 938.02 (15g), 938.22 (1) (a), 938.33 (3r), 938.34 (4d) (b), 938.34 (4m) (intro.), 938.357 (4) (a), 938.357 (4) (b) 1., 938.505 (1) and 938.539 (3); and to create 48.605, 49.343 (1d) (e), 101.123 (1) (gm), 938.221 and 938.357 (4) (b) 2. b. of the statutes; relating to: secured residential care centers for children and youth and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill transfers licensing authority for a secured residential care center for children and youth (SRCCCY) from the Department of Corrections to the Department of Children and Families, requires Milwaukee County to establish or contract for enough SRCCCYs to accommodate all Milwaukee County juveniles who are under a secured correctional placement, and allows other counties to establish or contract for SRCCCYs.

Under current law, a juvenile who has been adjudicated delinquent under the Juvenile Justice Code for the commission of an act that would be punishable by a sentence of six months or more if committed by an adult and who is found to be a danger to the public and to be in need of restrictive custodial placement may receive a correctional placement in a Type 1 juvenile correctional facility or an SRCCCY under the supervision of DOC or in a Type 2 residential care center for children and youth under the supervision of the county department of social services or county department of health services (county department). Under the bill, a juvenile who receives a correctional placement may be placed in a Type 1 juvenile correctional facility under the supervision of DOC or in an SRCCCY under the supervision of either DOC or the county department.

Under current law, DOC may license a child welfare agency to operate an SRCCCY. Such a license is valid for up to two years. Under the bill, DCF can license a county department or a child welfare agency to operate an SRCCCY. An entity licensed to operate an SRCCCY under the bill may hold in secured custody up to 12 juveniles who have been adjudged delinquent and are under a correctional placement under the Juvenile Justice Code. The bill grants county departments that oversee child welfare the same authority that DOC has under current law to supervise juveniles who are placed in an SRCCCY.

Under the bill, an SRCCCY is generally required to meet the same statutory standards as DCF licensees for shelter care facilities, group homes, child welfare agencies, and residential care centers for children and youth. The bill also grants DCF the authority to promulgate rules establishing the minimum requirements for licensing and operation of an SRCCCY, in consultation with DOC, and authorizes DCF to establish uniform reimbursement rates for services that are offered at an SRCCCY.

Under current law, if a juvenile who has been placed in a Type 2 residential care center for children and youth under the supervision of a county department violates a condition of his or her placement, the juvenile can be transferred to a Type 1 juvenile correctional facility and placed under the supervision of DOC. This bill allows a juvenile in a Type 2 residential care center for children and youth to be transferred to an SRCCCY and to remain under the supervision of the county department. Under current law, if a juvenile who has been placed in a Type 2 residential care center for children and youth under the supervision of DOC violates a condition of his or her placement, the juvenile can be transferred to a Type 1 juvenile correctional facility and remains under the supervision of DOC. Under this bill, if a juvenile who has been placed in a Type 2 residential care center for children and youth under the supervision of DOC violates a condition of his or her placement, the juvenile can be transferred to a Type 1 juvenile correctional facility or an SRCCCY and remains under the supervision of DOC in either placement.

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:

AB794,1 Section 1. 48.48 (9m) of the statutes is amended to read:

AB794,3,3 48.48 (9m) To license shelter care facilities and secured residential care centers for children and youth as provided in s. 48.66 (1) (a).

AB794,2 Section 2. 48.60 (2) (c) of the statutes is amended to read:

AB794,3,6 48.60 (2) (c) A public agency, except a county department licensed to operate a secured residential care center for children and youth under s. 48.66 (1) (a).

AB794,3 Section 3. 48.605 of the statutes is created to read:

AB794,3,16 48.605 Secured residential care centers for children and youth licensed. (1) No person may hold in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) in a secured residential care center for children and youth without first obtaining a license from the department under s. 48.66 (1) (a). To obtain a license to operate a secured residential care center for children and youth, a person must be a county department or licensed as a child welfare agency, meet the minimum requirements for a license established by the department under s. 48.67, and meet the requirements specified in s. 48.685.

AB794,3,19 (2) A secured residential care center for children and youth licensed under this subsection may not be licensed to hold more than 12 juveniles in secure custody at one time.

AB794,4 Section 4. 48.66 (1) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB794,4,15 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, secured residential care centers for children and youth, as required by s. 48.605, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may supervise a child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed. The department may also inspect the records and visit the premises of all child care programs established or contracted for under s. 120.13 (14) that receive payment under s. 49.155 for the child care provided.

AB794,5 Section 5. 48.66 (1) (b) of the statutes, as affected by 2017 Wisconsin Act 47, is repealed.

AB794,6 Section 6. 48.66 (1) (c) of the statutes is amended to read:

AB794,4,24 48.66 (1) (c) A license issued under par. (a) or (b), other than a license to operate a foster home or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection par. (a) to operate a foster home or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.

AB794,7 Section 7 . 48.66 (2m) (a) 1. of the statutes is amended to read:

AB794,5,10 48.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center who is an individual to provide that the department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center who is not an individual to provide that the department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB794,8 Section 8 . 48.66 (2m) (am) of the statutes is repealed.

AB794,9 Section 9 . 48.66 (2m) (b) of the statutes is amended to read:

AB794,5,21 48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that the department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.

AB794,10 Section 10 . 48.66 (2m) (bm) of the statutes is repealed.

AB794,11 Section 11. 48.66 (2m) (cm) of the statutes is repealed.

AB794,12 Section 12. 48.67 (intro.) of the statutes is amended to read:

AB794,6,15 48.67 Rules governing child welfare agencies, secured residential care centers for children and youth, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, secured residential care centers for children and youth, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of safety and professional services, the department of public instruction, and the child abuse and neglect prevention board , and, for rules pertaining to secured residential care centers for children and youth, the department of corrections before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

AB794,13 Section 13. 48.67 (3) (c) of the statutes is amended to read:

AB794,7,3 48.67 (3) (c) That all staff members of a shelter care facility or a secured residential care center for children and youth who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or shelter care facility demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38), and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.

AB794,14 Section 14. 48.67 (5) of the statutes is amended to read:

AB794,7,17 48.67 (5) That all child welfare agencies that operate a residential care center for children and youth, all group homes, all secured residential care centers for children and youth, and all shelter care facilities employ on the site of the center, group home, or shelter care facility at all times a staff member designated as an out-of-home care provider for purposes of making decisions concerning the participation of a child placed in the center, group home, or shelter care facility in age or developmentally appropriate activities. Those rules shall also require an out-of-home care provider so designated to receive training in knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child's participation in age or developmentally appropriate activities. In addition, those rules shall require an out-of-home care provider so trained to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.

AB794,15 Section 15. 48.715 (6) of the statutes is amended to read:

AB794,8,8 48.715 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center , and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB794,16 Section 16 . 49.343 (title) of the statutes is amended to read:

AB794,8,12 49.343 (title) Rates for residential care centers, secured residential care centers for children and youth, group homes, and child welfare agencies.

AB794,17 Section 17 . 49.343 (1d) (e) of the statutes is created to read:

AB794,8,15 49.343 (1d) (e) “Secured residential care center for children and youth” has the meaning given in s. 48.02 (16m).

AB794,18 Section 18 . 49.343 (1g) of the statutes is amended to read:

AB794,9,4 49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth, secured residential care center for children and youth, or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (b) 1. or 2. or (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth, a secured residential care center for children and youth, and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

AB794,19 Section 19 . 49.343 (2) (a) and (b) 2. of the statutes are amended to read:

AB794,9,16 49.343 (2) (a) By October 1, annually, a residential care center for children and youth, a secured residential care center for children and youth, or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, secured residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.