AB150-ASA,893,317
48.66
(1) The department shall license and supervise child welfare agencies,
18as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
19as required by s. 48.48 and day care centers, as required by s. 48.65. The department
20may license foster homes or treatment foster homes, as provided by s. 48.62, and may
21license and supervise county departments in accordance with the procedures
22specified in this section and in ss. 48.67 to 48.74. The department
of corrections may
23license a child welfare agency to
hold operate a secured child caring institution for
24holding in secure custody children who have been adjudicated delinquent under s.
2548.34
(4h) or (4m) and referred to the child welfare agency by the
court or the
1department
under the intensive residential aftercare pilot program under 1993
2Wisconsin Act 377, section 9126 (3x), of corrections and to provide supervision, care
3and maintenance for those children.
AB150-ASA,893,14
548.67 Rules governing child welfare agencies, day care centers, foster
6homes, treatment foster homes, group homes, shelter care facilities and
7county departments. The department shall promulgate rules establishing
8minimum requirements for the issuance of licenses to, and establishing standards
9for the operation of, child welfare agencies, day care centers, foster homes, treatment
10foster homes, group homes, shelter care facilities and county departments. These
11rules shall be designed to protect and promote the health, safety and welfare of the
12children in the care of all licensees. The department shall consult with the
13department of
industry, labor and human relations
development and the department
14of public instruction before promulgating these rules.
AB150-ASA, s. 2600
15Section
2600. 48.677 (title) of the statutes is renumbered 46.48 (16) (title).
AB150-ASA, s. 2601
16Section
2601. 48.677 of the statutes is renumbered 46.48 (16) (a) and amended
17to read:
AB150-ASA,894,518
46.48
(16) (a)
A private, nonprofit organization may apply to the department
19for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department
20shall distribute not more than $37,500 in each fiscal year as grants to private,
21nonprofit organizations to recruit African American foster parents, including
22African American prospective adoptive parents, in communities that have a high
23percentage of African American children and a high percentage of children in
24out-of-home placements. The department shall review
the applications submitted
25under this
section paragraph and determine the number of grants that will be
1awarded, which of the applicants will receive grants and the amount of each grant.
2A private, nonprofit organization receiving a grant under this
section paragraph 3shall cooperate and coordinate its activities under the grant with the county
4department
under s. 46.215, 46.22 or 46.23 serving the area from which the private,
5nonprofit organization recruits African American foster parents.
AB150-ASA,894,207
48.68
(1) After receipt of an application for a license, the department shall
8investigate to determine if the applicant meets the minimum requirements for a
9license adopted by the department under s. 48.67. In determining whether to issue
10a license, the department may consider any action by the applicant, or by an employe
11of the applicant, that constitutes a substantial failure by the applicant or employe
12to protect and promote the health, safety and welfare of a child. Upon satisfactory
13completion of this investigation and payment of the fee required under s.
48.22 (7)
14(b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a
15license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At
16the time of initial licensure and license renewal, the department shall provide a
17foster home licensee with written information relating to the age-related monthly
18foster care rates and supplemental payments specified in s.
49.19 (12) 48.62 (4),
19including payment amounts, eligibility requirements for supplemental payments
20and the procedures for applying for supplemental payments.
AB150-ASA, s. 2605
21Section
2605. 48.715 (3) (intro.) of the statutes is amended to read:
AB150-ASA,895,322
48.715
(3) (intro.) If the department provides written notice of the grounds for
23a penalty, an explanation of the types of penalties that may be imposed under this
24subsection and an explanation of the process for appealing a penalty imposed under
25this subsection, the department may impose any of the following penalties against
1a licensee or any other person who
violates a provision of licensure under s. 48.70 (1)
2or rule promulgated by the department under s. 48.67 or who fails to comply with an
3order issued under sub. (2) by the time specified in the order:
AB150-ASA, s. 2606
4Section
2606. 48.715 (3) (a) (intro.) of the statutes is amended to read:
AB150-ASA,895,75
48.715
(3) (a) (intro.) A daily forfeiture amount per violation of not less than
6$10 nor more than
$50 $1,000. All of the following apply to a forfeiture under this
7paragraph:
AB150-ASA,895,149
48.715
(3) (a) 1. Within the limits specified in this paragraph, the department
10may, by rule, set daily forfeiture amounts and payment deadlines based on the size
11and type of facility or agency and the seriousness of the violation.
As part of the order,
12the The department may set daily forfeiture amounts that increase periodically
13within the statutory limits if there is continued failure to comply with an order issued
14under sub. (2).
AB150-ASA,895,2316
48.715
(3) (a) 3. A person against whom the department has assessed a
17forfeiture shall pay that forfeiture to the department within 10 days after receipt of
18notice of the assessment or, if that person contests that assessment under s. 48.72,
19within 10 days after receipt of the final decision after exhaustion of administrative
20review or, if that person petitions for judicial review under ch. 227, within 10 days
21after receipt of the final decision after exhaustion of judicial review. The department
22shall remit all forfeitures paid under this subdivision to the
state treasurer secretary
23of administration for deposit in the school fund.
AB150-ASA,896,4
148.78
(1) In this section, unless otherwise qualified, "agency" means the
2department
of health and social services, the department of corrections, a county
3department, a licensed child welfare agency, a licensed day care center or a licensed
4maternity hospital.
AB150-ASA,896,96
48.78
(2) (c) Paragraph (a) does not prohibit the department
of health and
7social services or a county department from using in the media a picture or
8description of a child in the guardianship of the department or a county department
9for the purpose of finding adoptive parents for that child.
AB150-ASA,896,1812
48.78
(2) (d) (intro.) Paragraph (a) does not prohibit the department
of health
13and social services or a county department from disclosing information about an
14individual formerly
in the legal custody or under the supervision of
the that 15department under s. 48.34 (4m)
, 1993 stats., or formerly under the supervision of
the 16that department or county department under s. 48.34 (4n)
, 1993 stats., to the
17department of corrections, if the individual is at the time of disclosure any of the
18following:
AB150-ASA,897,220
48.78
(2) (e) Paragraph (a) does not prohibit the department of
health and
21social services corrections from disclosing information about an individual adjudged
22delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6),
23to the department of justice, or a district attorney or a judge acting under ch. 980 or
24to an attorney who represents a person subject to a petition under ch. 980. The court
1in which the petition under s. 980.02 is filed may issue any protective orders that it
2determines are appropriate concerning information disclosed under this paragraph.
AB150-ASA,897,64
48.78
(2) (f) Paragraph (a) does not prohibit the department of corrections from
5disclosing information about a person who has been convicted of violating a state or
6federal criminal law.
AB150-ASA,897,259
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
10941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
11941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
12943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
13948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
14correctional facility, has been allowed to leave a secured correctional facility for a
15specified time period and is absent from the facility for more than 12 hours after the
16expiration of the specified period or has run away from the child's placement in the
17community while under corrective sanctions
or youthful offender supervision, the
18department
of health and social services or the department of corrections may
19release the child's name and any information about the child that is necessary for the
20protection of the public or to secure the child's return to the facility or placement.
21The department
of health and social services shall promulgate rules establishing
22guidelines for the release of the child's name or information about the child to the
23public
, except that the department of corrections shall promulgate rules establishing
24guidelines for the release to the public of the name of a child, or information about
25a child, who is a participant in the youthful offender program.
AB150-ASA,898,163
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
4941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
5941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
6943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
7948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
8correctional facility, has been allowed to leave a secured correctional facility for a
9specified time period and is absent from the facility for more than 12 hours after the
10expiration of the specified period or has run away from the child's placement in the
11community while under corrective sanctions or serious juvenile offender
12supervision, the department of corrections may release the child's name and any
13information about the child that is necessary for the protection of the public or to
14secure the child's return to the facility or placement. The department of corrections
15shall promulgate rules establishing guidelines for the release of the child's name or
16information about the child to the public.
AB150-ASA,898,19
1848.79 (title)
Powers of the department of health and social services. 19(intro.) The department
of health and social services has authority and power:
AB150-ASA,899,2
148.795 Powers of the department of corrections. The department of
2corrections may do all of the following:
AB150-ASA,899,5
3(1) Collect and collaborate with other agencies in collecting statistics and
4information useful in determining the cause and amount of delinquency and crime
5in this state or in carrying out the powers and duties of the department.
AB150-ASA,899,9
6(2) Assist communities in their efforts to combat delinquency and social
7breakdown likely to cause delinquency and crime and assist them in setting up
8programs for coordinating the total community program, including the improvement
9of law enforcement.
AB150-ASA,899,12
10(3) Assist schools in extending their particular contribution in locating and
11helping children vulnerable to delinquency and crime and in improving their
12services to all youth.
AB150-ASA,899,14
13(4) Develop and maintain an enlightened public opinion in support of a
14program to control delinquency and crime.
AB150-ASA, s. 2622
15Section
2622. 48.982 (2) (g) (intro.) of the statutes is amended to read:
AB150-ASA,899,1716
48.982
(2) (g) (intro.) In coordination with the departments of health and social
17services and
public instruction education:
AB150-ASA,899,2119
48.982
(7) (a) From the appropriations under s. 20.433 (1)
(c) (h), (i), (k) and (q),
20the board shall award grants to organizations in accordance with the plan developed
21under sub. (2) (a).
AB150-ASA,899,2423
48.982
(7) (b) A grant may be awarded only to an organization that agrees to
24make a
20% 30% match to the grant, through either money or in-kind services.
AB150-ASA, s. 2624
1Section
2624. 48.985 (1) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), is repealed and recreated to read:
AB150-ASA,900,103
48.985
(1) Federal program operations. From the appropriation under s.
420.435 (3) (n), the department shall expend not more than $543,700 in fiscal year
51995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received
6under
42 USC 620 to
626 for the department's expenses in connection with
7administering the expenditure of funds received under
42 USC 620 to
626, for child
8welfare projects and services provided or purchased by the department, for child
9abuse and neglect independent investigations and for providing child-at-risk field
10training to counties.
AB150-ASA, s. 2625
11Section
2625. 48.985 (1) (intro.) and (a) of the statutes are consolidated,
12renumbered 48.985 (1) and amended to read:
AB150-ASA,900,2113
48.985
(1) Federal program operations. From the appropriation under s.
1420.435 (6) (n), the department shall expend
not more than $543,700 in fiscal year
151995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received
16under
42 USC 620 to
626 as follows: (a) For for the department's expenses in
17connection with administering the expenditure of funds received under
42 USC 620 18to
626,
not more than $273,700 in fiscal year 1993-94 and not more than $281,500
19in fiscal year 1994-95 for child welfare projects and services provided or purchased
20by the department, for child abuse and neglect independent investigations and for
21providing child-at-risk field training to counties.
AB150-ASA, s. 2629
1Section
2629. 48.985 (2) (a) (intro.) and 1. of the statutes are consolidated,
2renumbered 48.985 (2) and amended to read:
AB150-ASA,901,123
48.985
(2) Community social and mental hygiene services. From the
4appropriation under s. 20.435 (7) (o), the department shall
expend distribute not
5more than $3,919,800 in each fiscal year of the moneys received under
42 USC 620 6to
626 as follows: 1. To to county departments under ss. 46.215, 46.22 and 46.23
, for
7the provision or purchase of child welfare projects and services
including child abuse
8and neglect investigation and treatment services, subject only to local, state and
9federal requirements specific to the types of projects or services, not more than
10$1,858,000 in each fiscal year and for the allocation, for services to children and
11families
, not more than $567,300 in each fiscal year
and for family-based child
12welfare services.
AB150-ASA,901,2017
48.985
(3) Community youth and family aids. From the appropriation under
18s.
20.435 20.410 (3) (oo), the department
of corrections shall allocate, to county
19departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s.
2046.26 301.26, not more than $1,100,000 in each fiscal year.
AB150-ASA,901,2322
48.985
(4) Runaway services. From the appropriation under s. 20.435
(7) (3) 23(na) for runaway services, not more than $458,600 in each fiscal year.
AB150-ASA,902,5
148.992
(1) (a) The "appropriate court" of this state to issue a requisition under
2s. 48.991 (4) is the court assigned to exercise jurisdiction under this chapter for the
3county of the petitioner's residence, or, if the petitioner is a child welfare agency, the
4court so assigned for the county where the agency has its principal office, or, if the
5petitioner is the department
of corrections, any court so assigned in the state.
AB150-ASA,902,18
748.993 Juvenile compact administrator. (1) Under the interstate compact
8on juveniles, the governor may designate an officer or employe of the department
of
9corrections to be the compact administrator, who, acting jointly with like officers of
10other party states, shall promulgate rules to carry out more effectively the terms of
11the compact. The compact administrator shall serve subject to the pleasure of the
12governor. If there is a vacancy in the office of compact administrator or in the case
13of absence or disability, the functions shall be performed by the secretary of
health
14and social services corrections, or other employe designated by the secretary. The
15compact administrator may cooperate with all departments, agencies and officers of
16and in the government of this state and its political subdivisions in facilitating the
17proper administration of the compact or of any supplementary agreement entered
18into by this state.
AB150-ASA,903,2
19(2) The compact administrator shall determine for this state whether to receive
20juvenile probationers and parolees of other states under s. 48.991 (7) and shall
21arrange for the supervision of each such probationer or parolee received, either by
22the department
of corrections or by a person appointed to perform supervision
23service for the court assigned to exercise jurisdiction under this chapter for the
24county where the juvenile is to reside, whichever is more convenient. Those persons
1shall in all such cases make periodic reports to the compact administrator regarding
2the conduct and progress of the juveniles.
AB150-ASA,903,10
448.994 Supplementary agreements. The department
of corrections may
5enter into supplementary agreements with appropriate officials of other states
6under s. 48.991 (10). If the supplementary agreement requires or contemplates the
7use of any institution or facility of this state or the provision of any service by this
8state, the supplementary agreement has no effect until approved by the department
9or agency under whose jurisdiction the institution or facility is operated or which
10shall be charged with the rendering of the service.
AB150-ASA,903,2212
48.995
(2) In the case of an escapee or absconder under s. 48.991 (5) or (6), if
13the juvenile is in the legal custody
or under the supervision of the department
of
14corrections, it shall bear the expense of his or her return; otherwise the appropriate
15court shall, on petition of the person entitled to the juvenile's custody or charged with
16his or her supervision, arrange for the transportation at the expense of the county
17and order that the county reimburse the person, if any, who returns the juvenile, for
18the person's actual and necessary expenses. In this subsection "appropriate court"
19means the court which adjudged the juvenile to be delinquent or, if the juvenile is
20under supervision for another state under s. 48.991 (7), then the court assigned to
21exercise jurisdiction under this chapter for the county of the juvenile's residence
22during the supervision.
AB150-ASA,904,3
2448.996 Compensation. Any judge of this state who appoints counsel or a
25guardian ad litem pursuant to the provisions of the interstate compact on juveniles
1may, in the judge's discretion, allow reasonable compensation in an amount not to
2exceed the compensation paid to private attorneys under s. 977.08 (4m)
(b), to be paid
3by the county on order of the court.
AB150-ASA, s. 2636
4Section
2636. The unnumbered subchapter title preceding 49.001 of the
5statutes is repealed.
AB150-ASA, s. 2637
6Section
2637. Subchapter I (title) of chapter 49 [precedes 49.001] of the
7statutes is created to read:
AB150-ASA,904,109
Subchapter I
10
Definitions
AB150-ASA, s. 2638
11Section
2638. 49.001 (intro.) of the statutes is renumbered 49.81 (intro.) and
12amended to read:
AB150-ASA,904,17
1349.81 Public assistance recipients' bill of rights. (intro.) The department
14of health and social services, the department of industry, labor and human relations 15and all public assistance and relief-granting agencies shall respect rights for
16recipients of public assistance. The rights shall include all rights guaranteed by the
17U.S. constitution and the constitution of this state, and in addition shall include:
AB150-ASA,904,19
1949.001 Definitions. (intro.) In this chapter: