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.
AB150-engrossed,908,1610
48.715
(3) (intro.) If the department provides written notice of the grounds for
11a penalty, an explanation of the types of penalties that may be imposed under this
12subsection and an explanation of the process for appealing a penalty imposed under
13this subsection, the department may impose any of the following penalties against
14a licensee or any other person who
violates a provision of licensure under s. 48.70 (1)
15or rule promulgated by the department under s. 48.67 or who fails to comply with an
16order issued under sub. (2) by the time specified in the order:
AB150-engrossed,908,2018
48.715
(3) (a) (intro.) A daily forfeiture amount per violation of not less than
19$10 nor more than
$50 $1,000. All of the following apply to a forfeiture under this
20paragraph:
AB150-engrossed,909,222
48.715
(3) (a) 1. Within the limits specified in this paragraph, the department
23may, by rule, set daily forfeiture amounts and payment deadlines based on the size
24and type of facility or agency and the seriousness of the violation.
As part of the order,
25the The department may set daily forfeiture amounts that increase periodically
1within the statutory limits if there is continued failure to comply with an order issued
2under sub. (2).
AB150-engrossed,909,74
48.78
(1) In this section, unless otherwise qualified, "agency" means the
5department
of health and social services, the department of corrections, a county
6department, a licensed child welfare agency, a licensed day care center or a licensed
7maternity hospital.
AB150-engrossed,909,129
48.78
(2) (c) Paragraph (a) does not prohibit the department
of health and
10social services or a county department from using in the media a picture or
11description of a child in the guardianship of the department or a county department
12for the purpose of finding adoptive parents for that child.
AB150-engrossed,909,2115
48.78
(2) (d) (intro.) Paragraph (a) does not prohibit the department
of health
16and social services or a county department from disclosing information about an
17individual formerly
in the legal custody or under the supervision of
the that 18department under s. 48.34 (4m)
, 1993 stats., or formerly under the supervision of
the 19that department or county department under s. 48.34 (4n)
, 1993 stats., to the
20department of corrections, if the individual is at the time of disclosure any of the
21following:
AB150-engrossed,909,2423
48.78
(2) (d) 4m. On community supervision to the department of corrections
24under s. 973.095.
AB150-engrossed,910,7
148.78
(2) (e) Paragraph (a) does not prohibit the department of
health and
2social services corrections from disclosing information about an individual adjudged
3delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6),
4to the department of justice, or a district attorney or a judge acting under ch. 980 or
5to an attorney who represents a person subject to a petition under ch. 980. The court
6in which the petition under s. 980.02 is filed may issue any protective orders that it
7determines are appropriate concerning information disclosed under this paragraph.
AB150-engrossed,910,119
48.78
(2) (f) Paragraph (a) does not prohibit the department of corrections from
10disclosing information about a person who has been convicted of violating a state or
11federal criminal law.
AB150-engrossed,911,514
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
15941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
16941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
17943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
18948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
19correctional facility, has been allowed to leave a secured correctional facility for a
20specified time period and is absent from the facility for more than 12 hours after the
21expiration of the specified period or has run away from the child's placement in the
22community while under corrective sanctions
or youthful offender supervision, the
23department
of health and social services or the department of corrections may
24release the child's name and any information about the child that is necessary for the
25protection of the public or to secure the child's return to the facility or placement.
1The department
of health and social services shall promulgate rules establishing
2guidelines for the release of the child's name or information about the child to the
3public
, except that the department of corrections shall promulgate rules establishing
4guidelines for the release to the public of the name of a child, or information about
5a child, who is a participant in the youthful offender program.
AB150-engrossed,911,218
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
9941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
10941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
11943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
12948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
13correctional facility, has been allowed to leave a secured correctional facility for a
14specified time period and is absent from the facility for more than 12 hours after the
15expiration of the specified period or has run away from the child's placement in the
16community while under corrective sanctions or serious juvenile offender
17supervision, the department of corrections may release the child's name and any
18information about the child that is necessary for the protection of the public or to
19secure the child's return to the facility or placement. The department of corrections
20shall promulgate rules establishing guidelines for the release of the child's name or
21information about the child to the public.
AB150-engrossed,911,24
2348.79 (title)
Powers of the department of health and social services. 24(intro.) The department
of health and social services has authority and power: