AB794: Bill Text

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.

AB794,9,20 (b) 2. Changes in the allowable costs of the residential care center for children and youth, secured residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.

AB794,20 Section 20 . 49.857 (1) (d) 3. of the statutes is amended to read:

AB794,9,22 49.857 (1) (d) 3. A license issued under s. 48.66 (1) (a) or (b).

AB794,21 Section 21 . 51.35 (3) (a) of the statutes is amended to read:

AB794,9,25 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the department of corrections or the county department under s. 938.02 (2g), upon review of a request for transfer, determines that transfer is appropriate, that the department of corrections or the county department shall immediately notify the department of health services and, if the department of health services consents, the department of corrections or county department may immediately transfer the individual. The department of health services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB794,22 Section 22 . 51.35 (3) (e) of the statutes, as affected by 2017 Wisconsin Act 34, is amended to read:

AB794,12,3 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility or the department of corrections or a county department under s. 938.02 (2g) may authorize emergency transfer of an individual from a secured residential care center for children and youth to a state treatment facility if there is cause to believe that the individual has a mental illness, drug dependency, or developmental disability and exhibits conduct that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., or is dangerous and is an alcoholic or a person who is drug dependent as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or secured residential care center for children and youth shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile correctional facility or secured residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court that directed confinement in the juvenile correctional facility or secured residential care center for children and youth.

AB794,23 Section 23. 73.0301 (1) (d) 2. of the statutes is amended to read:

AB794,12,8 73.0301 (1) (d) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center, as required by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).

AB794,24 Section 24 . 101.123 (1) (ac) 2. of the statutes is amended to read:

AB794,12,15 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

AB794,25 Section 25 . 101.123 (1) (gm) of the statutes is created to read:

AB794,12,18 101.123 (1) (gm) “Secured residential care center for children and youth” has the meaning given in s. 938.02 (15g).

AB794,26 Section 26. 101.123 (2) (d) 3. of the statutes is amended to read:

AB794,12,21 101.123 (2) (d) 3. Anywhere on the grounds of a Type 1 juvenile correctional facility or secured residential care center for children and youth.

AB794,27 Section 27. 108.227 (1) (e) 2. of the statutes is amended to read:

AB794,13,2 108.227 (1) (e) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center, as required by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).

AB794,28 Section 28. 115.76 (10) of the statutes is amended to read:

AB794,13,11 115.76 (10) “Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health services if the child with a disability resides in an institution or facility operated by the department of health services, the county department under s. 46.215, 46.22, or 46.23 if the child with a disability resides in a secured residential care center for children and youth, as defined in s. 938.02 (15g), or the department of corrections if the child with a disability resides in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

AB794,29 Section 29. 938.02 (15g) of the statutes is amended to read:

AB794,13,16 938.02 (15g) “Secured residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) (a) to hold in secure custody persons adjudged delinquent.

AB794,30 Section 30 . 938.22 (1) (a) of the statutes is amended to read:

AB794,14,3 938.22 (1) (a) Subject to s. 48.66 (1) (b), the The county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

AB794,31 Section 31. 938.221 of the statutes is created to read:

AB794,14,10 938.221 Secured residential care centers for children and youth. (1) (a) On an ongoing basis, a county board of supervisors in a county with a population of 750,000 or more shall determine the necessary number of secured residential care centers for children and youth in the county to accommodate all juveniles adjudicated delinquent in the county and placed in a correctional placement under s. 938.34 (4m).

AB794,14,14 (b) A county board of supervisors in a county with a population of 750,000 or more shall establish and operate or shall contract with a child welfare agency to establish and operate one or more secured residential care centers for children and youth to accommodate the need determined under par. (a).

AB794,14,17 (2) A county board of supervisors in a county with a population of less than 750,000 may establish and operate or may contract with a child welfare agency to establish and operate a secured residential care center for children and youth.

AB794,32 Section 32. 938.33 (3r) of the statutes is amended to read:

AB794,15,3 938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a juvenile correctional facility or secured residential care center for children and youth under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.

AB794,33 Section 33 . 938.34 (4d) (b) of the statutes is amended to read:

AB794,15,12 938.34 (4d) (b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the court determines that any of the conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a juvenile correctional facility or secured residential care center for children and youth under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

AB794,34 Section 34. 938.34 (4m) (intro.) of the statutes is amended to read:

AB794,15,17 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility under the supervision of the department of corrections or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

AB794,35 Section 35. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB794,16,12 938.357 (4) (a) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility or secured residential care center for children and youth operated by a child welfare agency, that or county department, the department of corrections shall reimburse the child welfare agency or county department at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB794,36 Section 36. 938.357 (4) (b) 1. of the statutes is amended to read:

AB794,16,24 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or secured residential care center for children and youth under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2. If a juvenile is placed in a secured residential care center for children and youth under this subdivision, the department of corrections shall reimburse the secured residential care center for children and youth at the applicable rate established under s. 49.343.

AB794,37 Section 37. 938.357 (4) (b) 2. of the statutes is renumbered 938.357 (4) (b) 2. (intro.) and amended to read:

AB794,17,7 938.357 (4) (b) 2. (intro.) If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify take one of the following actions:

AB794,17,13 a. Notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2., for not more than 10 days.

AB794,17,24 3. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision subd. 2. a., the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility. If a juvenile is placed under subd. 2. b. in a secured residential care center for children and youth, the county department that has supervision over the juvenile shall reimburse the secured residential care center for children and youth at the applicable rates established under s. 49.343.

AB794,38 Section 38 . 938.357 (4) (b) 2. b. of the statutes is created to read:

AB794,18,3 938.357 (4) (b) 2. b. Place the juvenile in a secured residential care center for children and youth without a hearing under sub. (1) (am) 2. for not more than 10 days.

AB794,39 Section 39 . 938.505 (1) of the statutes is amended to read:

AB794,18,14 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB794,40 Section 40 . 938.539 (3) of the statutes is amended to read:

AB794,19,2 938.539 (3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional facility or secured residential care center for children and youth as provided in s. 938.357 (4) (b). This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21.

AB794,19,3 (End)