AB150-engrossed,894,5
1(2) Accept supervision of children transferred to it by the court under s. 48.34
2(4h), (4m) or (4n) or 48.357 (4) and provide special treatment and care when directed
3by the court. A court may not direct the department of corrections to administer
4psychotropic medications to children who receive special treatment or care under
5this subsection.
AB150-engrossed,894,17
6(3) Provide appropriate care and training for children under its supervision
7under s. 48.34 (4h), (4m) or (4n) or 48.357 (4); including serving those children in
8their own homes, placing them in licensed foster homes or licensed treatment foster
9homes in accordance with s. 48.63 or licensed group homes, contracting for their care
10by licensed child welfare agencies or replacing them in juvenile correctional
11institutions in accordance with rules promulgated under ch. 227, except that the
12department of corrections may not purchase the educational component of private
13day treatment programs for children in its custody unless that department, the
14school board as defined in s. 115.001 (7) and the state superintendent of public
15instruction all determine that an appropriate public education program is not
16available. Disputes between the department of corrections and the school district
17shall be resolved by the state superintendent of public instruction.
AB150-engrossed,894,20
18(5) Provide for the moral and religious training of a child under its supervision
19under s. 48.34 (4h), (4m) or (4n) according to the religious belief of the child or of the
20child's parents.
AB150-engrossed,894,25
21(6) Consent to emergency surgery under the direction of a licensed physician
22or surgeon for any child under its supervision under s. 48.34 (4h), (4m) or (4n) upon
23notification by a licensed physician or surgeon of the need for such surgery and if
24reasonable effort, compatible with the nature and time limitation of the emergency,
25has been made to secure the consent of the child's parent or guardian.
AB150-engrossed,895,3
1(7) Promulgate rules for the payment of an allowance to children in its
2institutions and a cash grant to a child being discharged from its institutions or
3released to aftercare or serious juvenile offender supervision in the community.
AB150-engrossed,895,10
4(8) Pay maintenance, tuition and related expenses from the appropriations
5under s. 20.410 (3) (am) and (ho) for persons who when they reached 17 years of age
6were students regularly attending a school, college or university or regularly
7attending a course of vocational or technical training designed to fit them for gainful
8employment, and who when reaching that age were under the supervision of the
9department of corrections under s. 48.34 (4h), (4m) or (4n) as a result of a judicial
10decision.
AB150-engrossed,895,11
11(9) Establish and enforce standards for services provided under s. 48.34.
AB150-engrossed,895,19
1348.554 Notification by court of placement with department of
14corrections; information for department. (1) When the court places a child
15under the supervision of the department of corrections, the court shall immediately
16notify the department of corrections of that action. The court shall, in accordance
17with procedures established by the department of corrections, provide
18transportation for the child to a receiving center designated by that department or
19deliver the child to personnel of that department.
AB150-engrossed,895,24
20(2) When the court places a child under the supervision of the department of
21corrections, the court and all other public agencies shall also immediately transfer
22to the department of corrections a copy of the report submitted to the court under s.
2348.33 and all other pertinent data in their possession and shall immediately notify
24the child's last school district in writing of its obligation under s. 118.125 (4).
AB150-engrossed,896,11
148.555 Examination of children under supervision of department of
2corrections. (1) The department of corrections shall examine every child who is
3placed under its supervision by the court to determine the type of placement best
4suited to the child and to the protection of the public. This examination shall include
5an investigation of the personal and family history of the child and his or her
6environment, any physical or mental examinations considered necessary to
7determine the type of placement that is necessary for the child and an evaluation to
8determine whether the child is eligible for serious juvenile offender supervision. A
9child who is examined under this subsection shall be screened to determine whether
10the child is in need of special treatment or care because of alcohol or other drug abuse,
11mental illness or severe emotional disturbance.
AB150-engrossed,896,14
12(2) In making this examination the department of corrections may use any
13facilities, public or private, that offer aid to it in the determination of the correct
14placement for the child.
AB150-engrossed,896,19
1648.556 Notification by department of corrections of release of child
17from correctional custody. (1) At least 15 days prior to the date of release of a
18child from a secured correctional facility or a placement in the community under the
19serious juvenile offender program, the department of corrections shall:
AB150-engrossed,896,2120
(a) Notify all of the following local agencies in the community in which the child
21will reside of the child's return to the community:
AB150-engrossed,896,2222
1. The law enforcement agencies.
AB150-engrossed,896,2323
2. The school district.
AB150-engrossed,896,2424
3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.
AB150-engrossed,897,2
1(b)
Notify any known victim of an act for which the child has been found
2delinquent of the child's release, if all of the following apply:
AB150-engrossed,897,43
1. The commission of the act by the child is an act which, if committed by an
4adult, would have been punishable as a crime against another person.
AB150-engrossed,897,55
2. The victim can be found.
AB150-engrossed,897,66
3. The victim has sent in a request card under sub. (2).
AB150-engrossed,897,97
(c) Notify, if the criteria in par. (b) are met, an adult member of the victim's
8family or, if the victim is younger than 18 years old, the victim's parent or legal
9guardian if the victim died as a result of the crime.
AB150-engrossed,897,16
10(2) The department of corrections shall design and prepare cards for victims
11specified in sub. (1) (b) and (c) to send to that department. The cards shall have space
12for these persons to provide their names and addresses and any other information
13that the department of corrections determines is necessary. The department of
14corrections shall provide the cards, without charge, to district attorneys. District
15attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b)
16and (c). These persons may send completed cards to the department of corrections.
AB150-engrossed,897,19
17(3) Timely release of a child shall not be prejudiced by the fact that the
18department did not notify the victims or the local agencies under sub. (1) within the
1915 days.
AB150-engrossed,897,23
2148.557 Facilities for care of children in care of department of
22corrections. (1) Facilities maintained or used for children. The department of
23corrections may maintain or use the following facilities for children in its care:
AB150-engrossed,897,2424
(a) Receiving homes to be used for the temporary care of children.
AB150-engrossed,897,2525
(b) Foster homes or treatment foster homes.
AB150-engrossed,898,42
(d) Institutions, facilities and services, including without limitation forestry or
3conservation camps for the training and treatment of children 12 years of age or older
4who have been adjudged delinquent.
AB150-engrossed,898,85
(f) Other facilities deemed by the department of corrections to be appropriate
6for the child, except that no state funds may be used for the maintenance of a child
7in the home of a parent or relative eligible for aid under s. 49.19 if such funds would
8reduce federal funds to this state.
AB150-engrossed,898,17
9(2) Use of other facilities. (a) In addition to the facilities and services
10described in sub. (1), the department of corrections may use other facilities and
11services under its jurisdiction. The department of corrections may also contract for
12and pay for the use of other public facilities or private facilities for the care and
13treatment of children in its care, including secured child caring institutions; but
14placement of children in private or public facilities not under its jurisdiction does not
15terminate the supervision under s. 48.34 (4h), (4m) or (4n) of the department of
16corrections. Placements in institutions for the mentally ill or developmentally
17disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.
AB150-engrossed,898,2418
(b) Public facilities are required to accept and care for persons placed with them
19by the department of corrections in the same manner as they would be required to
20do had the legal custody of these persons been transferred by a court of competent
21jurisdiction. Nothing in this subsection shall be construed to require any public
22facility to serve the department of corrections inconsistently with its functions or
23with the laws and regulations governing their activities; or to give the department
24of corrections authority to use any private facility without its consent.
AB150-engrossed,899,3
1(c) The department of corrections shall have the right to inspect all facilities
2it is using and to examine and consult with persons under its supervision under s.
348.34 (4h), (4m) or (4n) who have been placed in that facility.
AB150-engrossed,899,10
4(3) Federal reimbursement. The department of corrections shall report to the
5department of health and social services in a manner specified by the department of
6health and social services on all children under the supervision of the department
7of corrections who are placed by that department in a facility specified in sub. (1) or
8(2) so that the department of health and social services may claim federal foster care
9and adoption assistance reimbursement under
42 USC 670 to
679a with respect to
10those children.
AB150-engrossed,899,13
11(4) Coeducational programs and institutions. The department of corrections
12may institute and maintain coeducational programs and institutions under this
13chapter.
AB150-engrossed,899,21
1548.558 Duration of control of department of corrections over
16delinquents. Except as provided under s. 48.538, all children adjudged delinquent
17who have been placed under the supervision of the department of corrections under
18s. 48.34 (4h), (4m) or (4n) shall be discharged as soon as the department of corrections
19determines that there is a reasonable probability that it is no longer necessary either
20for the rehabilitation and treatment of the child or for the protection of the public that
21the department of corrections retain supervision.
AB150-engrossed,900,4
2348.559 Records of department of corrections. The department of
24corrections shall keep a complete record on each child under its supervision under
25s. 48.34 (4h), (4m) or (4n). This record shall include the information received from
1the court, the date of reception, all available data on the personal and family history
2of the child, the results of all tests and examinations given the child, and a complete
3history of all placements of the child while under the supervision of the department
4of corrections.
AB150-engrossed,900,176
48.57
(1) (c) To provide appropriate protection and services for children in its
7care, including providing services for children and their families in their own homes,
8placing the children in licensed foster homes, licensed treatment foster homes or
9licensed group homes in this state or another state within a reasonable proximity to
10the agency with legal custody or contracting for services for them by licensed child
11welfare agencies, except that the county department shall not purchase the
12educational component of private day treatment programs unless the county
13department, the school board as defined in s. 115.001 (7) and the
state
14superintendent department of
public instruction education all determine that an
15appropriate public education program is not available. Disputes between the county
16department and the school district shall be resolved by the
state superintendent 17department of
public instruction
education.
AB150-engrossed,900,2119
48.57
(1) (g) Upon request of the department
of health and social services or
20the department of corrections, to provide service for any child in the care of
the
21department those departments.
AB150-engrossed,900,2423
48.57
(3) (a) (intro.) From the reimbursement received under s.
49.52 (1) (d) 2446.495 (1) (d), counties may provide funding for the maintenance of any child who:
AB150-engrossed,901,2
148.57
(3) (a) 3. Received funding under s.
49.52 (1) (d) 46.495 (1) (d) 2immediately prior to his or her 18th birthday; and
AB150-engrossed,901,64
48.57
(3) (b) The funding provided for the maintenance of a child under par. (a)
5shall be in an amount equal to that
to which the child would receive under s.
49.52
6(1) (d) 46.495 (1) (d) if the child were 17 years of age.
AB150-engrossed,901,189
48.57
(4) A county department may provide aftercare supervision under s.
1048.34 (4n) for children who are released from secured correctional facilities. If a
11county department intends to change its policy regarding whether the county
12department or the department
of corrections shall provide aftercare supervision for
13children released from secured correctional facilities, the county executive or county
14administrator, or, if the county has no county executive or county administrator, the
15chairperson of the county board of supervisors, or, for multicounty departments, the
16chairpersons of the county boards of supervisors jointly, shall submit a letter to the
17department
of corrections stating that intent before July 1 of the year preceding the
18year in which the policy change will take effect.
AB150-engrossed,902,220
48.60
(3) Before issuing any license to a child welfare agency under this section,
21the department
of health and social services shall review the need for the additional
22placement resources that would be made available by the licensing or relicensing of
23any child welfare agency after August 5, 1973, providing care authorized under s.
2448.61 (3).
The department may not Neither the department of health and social
25services nor the department of corrections may make any placements to any child
1welfare agency where the departmental review required under this subsection has
2failed to indicate the need for the additional placement resources.
AB150-engrossed,902,84
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
5a child welfare agency that regularly provides care and maintenance for children
6within the confines of its building, the child welfare agency must pay to the
7department a biennial fee of
$75 $100, plus a biennial fee of
$10 $15 per child, based
8on the number of children that the child welfare agency is licensed to serve.
AB150-engrossed,902,1310
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
11a child welfare agency that places children in licensed foster homes, licensed
12treatment foster homes and licensed group homes, the child welfare agency must pay
13to the department a biennial fee of
$200 $210.
AB150-engrossed,902,2115
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
16group home, the group home must pay to the department a biennial fee of
$75 $100,
17plus a biennial fee of
$10 $15 per child, based on the number of children that the
18group home is licensed to serve. A group home that wishes to renew a license issued
19under sub. (1) shall pay the fee under this paragraph by the renewal date of the
20license. A new group home shall pay the fee under this paragraph no later than 30
21days before the opening of the group home.
AB150-engrossed,903,323
48.627
(2) (c) The department shall conduct a study to determine the
24cost-effectiveness of purchasing insurance to provide standard homeowner's or
25renter's liability insurance coverage for applicants who are granted a waiver under
1par. (b). If the department determines that it would be cost-effective to purchase
2such insurance, it may purchase the insurance from the appropriations under s.
320.435
(6) (3) (cf) and
(7) (pd).
AB150-engrossed,903,135
48.627
(2c) The department shall determine the cost-effectiveness of
6purchasing private insurance that would provide coverage to foster, treatment foster
7and family-operated group home parents for acts or omissions by or affecting a child
8who is placed in a foster home, a treatment foster home or a family-operated group
9home. If this private insurance is cost-effective and available, the department shall
10purchase the insurance from the appropriations under s. 20.435
(6) (3) (cf) and
(7) 11(pd). If the insurance is unavailable, payment of claims for acts or omissions by or
12affecting a child who is placed in a foster home, a treatment foster home or a
13family-operated group home shall be in accordance with subs. (2m) to (3).
AB150-engrossed,903,2115
48.627
(2m) Within the limits of the appropriations under s. 20.435
(6) (3) (cf)
16and
(7) (pd), the department shall pay claims to the extent not covered by any other
17insurance and subject to the limitations specified in sub. (3), for bodily injury or
18property damage sustained by a licensed foster, treatment foster or family-operated
19group home parent or a member of the foster, treatment foster or family-operated
20group home parent's family as a result of the act of a child in the foster, treatment
21foster or family-operated group home parent's care.
AB150-engrossed,904,223
48.627
(2s) (intro.) Within the limits of the appropriations under s. 20.435
(6) 24(3) (cf) and
(7) (pd), the department may pay claims to the extent not covered by any
1other insurance and subject to the limitations specified in sub. (3), for all of the
2following:
AB150-engrossed,904,144
48.627
(3) (f) If the total amount of the claims approved during any calendar
5quarter exceeds 25% of the total funds available during the fiscal year for purposes
6of this subsection plus any unencumbered funds remaining from the previous
7quarter, the department shall prorate the available funds among the claimants with
8approved claims. The department shall also prorate any unencumbered funds
9remaining in the appropriation under s. 20.435
(6)
(3) (cf) at the end of each fiscal
10year among the claimants whose claims were prorated during the fiscal year.
11Payment of a prorated amount from unencumbered funds remaining at the end of
12the fiscal year constitutes a complete payment of the claim for purposes of this
13program, but does not prohibit a foster parent or treatment foster parent from
14submitting a claim under s. 16.007 for the unpaid portion.
AB150-engrossed,904,2116
48.627
(4) Except as provided in s. 895.485, the department is not liable for any
17act or omission by or affecting a child who is placed in a foster home, treatment foster
18home or family-operated group home, but shall, as provided in this section, pay
19claims described under sub. (2m) and may pay claims described under sub. (2s) or
20may purchase insurance to cover such claims as provided for under sub. (2c), within
21the limits of the appropriations under s. 20.435
(6)
(3) (cf) and
(7) (pd).
AB150-engrossed,905,1223
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
24parent or guardian or the department
of health and social services, the department
25of corrections, a county department or a child welfare agency licensed to place
1children in foster homes or treatment foster homes may place a child or negotiate or
2act as intermediary for the placement of a child in a foster home, treatment foster
3home or group home. Voluntary agreements under this subsection may not be used
4for placements in facilities other than foster, treatment foster or group homes and
5may not be extended. A foster home or treatment foster home placement under a
6voluntary agreement may not exceed 6 months. A group home placement under a
7voluntary agreement may not exceed 15 days. These time limitations do not apply
8to placements made under ss. 48.34 and 48.345. Voluntary agreements may be made
9only under this subsection and shall be in writing and shall specifically state that the
10agreement may be terminated at any time by the parent or by the child if the child's
11consent to the agreement is required. The child's consent to the agreement is
12required whenever the child is 12 years of age or older.
AB150-engrossed,905,1714
48.64
(1) Definition. In this section, "agency" means the department
of health
15and social services, the department of corrections, a county department or a licensed
16child welfare agency authorized to place children in foster homes or treatment foster
17homes.
AB150-engrossed,906,319
48.65
(3) (a) Before the department may issue a license under sub. (1) to a day
20care center that provides care and supervision for 4 to 8 children, the day care center
21must pay to the department a biennial fee of $50. Before the department may issue
22a license under sub. (1) to a day care center that provides care and supervision for
239 or more children, the day care center must pay to the department a biennial fee of
24$25, plus a biennial fee of
$5 $7 per child, based on the number of children that the
25day care center is licensed to serve. A day care center that wishes to renew a license
1issued under sub. (1) shall pay the applicable fee under this paragraph by the
2renewal date of the license. A new day care center shall pay the applicable fee under
3this paragraph no later than 30 days before the opening of the day care center.
AB150-engrossed,906,165
48.66
(1) The department shall license and supervise child welfare agencies,
6as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
7as required by s. 48.48 and day care centers, as required by s. 48.65. The department
8may license foster homes or treatment foster homes, as provided by s. 48.62, and may
9license and supervise county departments in accordance with the procedures
10specified in this section and in ss. 48.67 to 48.74. The department
of corrections may
11license a child welfare agency to
hold operate a secured child caring institution for
12holding in secure custody children who have been adjudicated delinquent under s.
1348.34
(4h) or (4m) and referred to the child welfare agency by the
court or the 14department
under the intensive residential aftercare pilot program under 1993
15Wisconsin Act 377, section 9126 (3x), of corrections and to provide supervision, care
16and maintenance for those children.
AB150-engrossed,907,2
1848.67 Rules governing child welfare agencies, day care centers, foster
19homes, treatment foster homes, group homes, shelter care facilities and
20county departments. The department shall promulgate rules establishing
21minimum requirements for the issuance of licenses to, and establishing standards
22for the operation of, child welfare agencies, day care centers, foster homes, treatment
23foster homes, group homes, shelter care facilities and county departments. These
24rules shall be designed to protect and promote the health, safety and welfare of the
25children in the care of all licensees. The department shall consult with the
1department of
industry, labor and human relations development and the department
2of public instruction before promulgating these rules.
AB150-engrossed,907,186
46.48
(16) (a)
A private, nonprofit organization may apply to the department
7for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department
8shall distribute not more than $37,500 in each fiscal year as grants to private,
9nonprofit organizations to recruit African American foster parents, including
10African American prospective adoptive parents, in communities that have a high
11percentage of African American children and a high percentage of children in
12out-of-home placements. The department shall review
the applications submitted
13under this
section paragraph and determine the number of grants that will be
14awarded, which of the applicants will receive grants and the amount of each grant.
15A private, nonprofit organization receiving a grant under this
section paragraph 16shall cooperate and coordinate its activities under the grant with the county
17department
under s. 46.215, 46.22 or 46.23 serving the area from which the private,
18nonprofit organization recruits African American foster parents.
AB150-engrossed,908,820
48.68
(1) After receipt of an application for a license, the department shall
21investigate to determine if the applicant meets the minimum requirements for a
22license adopted by the department under s. 48.67. In determining whether to issue
23a license, the department may consider any action by the applicant, or by an employe
24of the applicant, that constitutes a substantial failure by the applicant or employe
25to protect and promote the health, safety and welfare of a child. Upon satisfactory
1completion of this investigation and payment of the fee required under s.
48.22 (7)
2(b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a
3license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At
4the time of initial licensure and license renewal, the department shall provide a
5foster home licensee with written information relating to the age-related monthly
6foster care rates and supplemental payments specified in s.
49.19 (12) 48.62 (4),
7including payment amounts, eligibility requirements for supplemental payments
8and the procedures for applying for supplemental payments.