AB150: Bill Text

AB150,984,14 (f) The child welfare agency or county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

****Note: This is reconciled s. 48.75 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2610 Section 2610. 48.78 (1) of the statutes is amended to read:

AB150,984,19 48.78 (1) In this section, unless otherwise qualified, "agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

AB150, s. 2611 Section 2611. 48.78 (2) (c) of the statutes is amended to read:

AB150,985,2 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

AB150, s. 2612 Section 2612. 48.78 (2) (e) of the statutes is amended to read:

AB150,985,11 48.78 (2) (e) Paragraph (a) does not prohibit the department of health and social services or the department of corrections from disclosing information about an individual adjudged delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB150, s. 2613 Section 2613. 48.78 (2) (f) of the statutes is created to read:

AB150,985,15 48.78 (2) (f) Paragraph (a) does not prohibit the department of corrections from disclosing information about a person who has been convicted of violating a state or federal criminal law.

AB150, s. 2614 Section 2614. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,986,10 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful serious juvenile offender supervision, the department of health and social services or the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful serious juvenile offender program.

AB150, s. 2615 Section 2615. 48.79 (intro.) of the statutes is amended to read:

AB150,986,13 48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

AB150, s. 2616 Section 2616. 48.795 of the statutes is created to read:

AB150,986,16 48.795 Powers of the department of corrections. The department of corrections may do all of the following:

AB150,986,19 (1) Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department.

AB150,986,23 (2) Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the total community program, including the improvement of law enforcement.

AB150,987,3 (3) Assist schools in extending their particular contribution in locating and helping children vulnerable to delinquency and crime and in improving their services to all youth.

AB150,987,5 (4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.

AB150, s. 2617 Section 2617. 48.89 (1) (intro.) and (b) of the statutes are consolidated, renumbered 48.89 (1) and amended to read:

AB150,987,12 48.89 (1) The recommendation of the department is required for the adoption of the following children: (b) A a child who has no living parents or whose parents have had their rights legally terminated if the child is not under the guardianship of a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5).

AB150, s. 2618 Section 2618. 48.89 (1) (a) of the statutes is repealed.

AB150, s. 2619 Section 2619. 48.89 (3) of the statutes is amended to read:

AB150,987,20 48.89 (3) The recommendation of the department shall not be required if the recommendation of the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm) is required by s. 48.841, if a report of an investigation by the department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency is required by s. 48.88 (2) (a) 2. or if one of the petitioners is a stepparent relative of the child.

AB150, s. 2620 Section 2620. 48.91 (3) of the statutes is amended to read:

AB150,988,2 48.91 (3) If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. The order may change the name of the minor to that requested by petitioners.

AB150, s. 2621 Section 2621. 48.97 of the statutes is amended to read:

AB150,988,12 48.97 Adoption orders of other jurisdictions. When the relationship of parent and child has been created by an order of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined by s. 48.92. If the adoptive parents were residents of this state at the time of the foreign adoption, the preceding sentence applies only if the department has approved the placement. A child whose adoption would otherwise be valid under this section may be readopted in accordance with this chapter if readoption is necessary under federal law to permit the child to enter this country.

AB150, s. 2622 Section 2622. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB150,988,15 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and public instruction education:

AB150, s. 2623 Section 2623. 48.982 (7) (a) of the statutes is amended to read:

AB150,988,19 48.982 (7) (a) From the appropriations under s. 20.433 (1) (c) (h), (i), (k) and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB150, s. 2624 Section 2624. 48.985 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,989,4 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

****Note: This is reconciled s. 48.985 (1). This Section has been affected by drafts with the following LRB numbers: -2402/2 and -2421/1.

AB150, s. 2625 Section 2625. 48.985 (1) (intro.) and (a) of the statutes are consolidated, renumbered 48.985 (1) and amended to read:

AB150,989,15 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (6) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 as follows: (a) For for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, not more than $273,700 in fiscal year 1993-94 and not more than $281,500 in fiscal year 1994-95 for child welfare projects and services provided or purchased by the department, for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB150, s. 2626 Section 2626. 48.985 (1) (c) of the statutes is repealed.

AB150, s. 2627 Section 2627. 48.985 (1) (e) of the statutes is repealed.

AB150, s. 2628 Section 2628. 48.985 (1) (f) of the statutes is repealed.

AB150, s. 2629 Section 2629. 48.985 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.985 (2) and amended to read:

AB150,990,7 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall expend distribute not more than $3,319,200 in each fiscal year of the moneys received under 42 USC 620 to 626 as follows: 1. To to county departments under ss. 46.215, 46.22 and 46.23, for the provision or purchase of child welfare projects and services including child abuse and neglect investigation and treatment services, subject only to local, state and federal requirements specific to the types of projects or services, not more than $1,858,000 in each fiscal year and for the allocation, for services to children and families, not more than $567,300 in each fiscal year and for family-based child welfare services.

AB150, s. 2630 Section 2630. 48.985 (2) (a) 2. of the statutes is repealed.

AB150, s. 2631 Section 2631. 48.985 (2) (a) 3. of the statutes is repealed.

AB150, s. 2632 Section 2632. 48.985 (2) (b) of the statutes is repealed.

AB150, s. 2633 Section 2633. 48.985 (4) of the statutes is amended to read:

AB150,990,13 48.985 (4) Runaway services. From the appropriation under s. 20.435 (7) (3) (na) for runaway services, not more than $458,600 in each fiscal year.

AB150, s. 2634 Section 2634. 48.992 (1) (a) of the statutes is amended to read:

AB150,990,20 48.992 (1) (a) The "appropriate court" of this state to issue a requisition under s. 48.991 (4) is the court assigned to exercise jurisdiction under this chapter for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department of health and social services or the department of corrections, any court so assigned in the state.

AB150, s. 2635 Section 2635. 48.995 (2) of the statutes is amended to read:

AB150,991,8 48.995 (2) In the case of an escapee or absconder under s. 48.991 (5) or (6), if the juvenile is under the supervision of the department of health and social services or in the legal custody of the department, it of corrections, the department having supervision or legal custody over the child shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 (7), then the court assigned to exercise jurisdiction under this chapter for the county of the juvenile's residence during the supervision.

AB150, s. 2636 Section 2636. The unnumbered subchapter title preceding 49.001 of the statutes is repealed.

****Note: This is the reconciled unnumbered subchapter title preceding s. 49.001. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2637 Section 2637. Subchapter I (title) of chapter 49 [precedes 49.001] of the statutes is created to read:

AB150,991,13 Chapter 49

AB150,991,15 Subchapter I Definitions

AB150, s. 2638 Section 2638. 49.001 (intro.) of the statutes is renumbered 49.81 (intro.) and amended to read:

AB150,991,22 49.81 Public assistance recipients' bill of rights. (intro.) The department of health and social services, the department of industry, labor and human relations and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

****Note: This is reconciled s. 49.001 (intro.). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2639 Section 2639. 49.001 (intro.) of the statutes is created to read:

AB150,992,2 49.001 Definitions. (intro.) In this chapter:

AB150, s. 2640 Section 2640. 49.001 (1) of the statutes is renumbered 49.81 (1).

****Note: This is reconciled s. 49.001 (1). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2641 Section 2641. 49.001 (2) of the statutes is renumbered 49.81 (2).

****Note: This is reconciled s. 49.001 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2642 Section 2642. 49.001 (3) of the statutes is renumbered 49.81 (3).

****Note: This is reconciled s. 49.001 (3). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2643 Section 2643. 49.001 (4) of the statutes is renumbered 49.81 (4).

****Note: This is reconciled s. 49.001 (4). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2644 Section 2644. 49.001 (5m) of the statutes is created to read:

AB150,992,13 49.001 (5m) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.06 (11) (a) or ch. 980. "Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

AB150, s. 2645 Section 2645. Subchapter II (title) of chapter 49 [precedes 49.002] of the statutes is created to read:

AB150,992,16 Chapter 49

AB150,992,19 Subchapter II EMERGENCY MEDICAL RELIEF

****Note: This is reconciled subch. II (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1

AB150, s. 2646 Section 2646. 49.002 (1) of the statutes is repealed.

AB150, s. 2647 Section 2647. 49.002 (2) of the statutes is renumbered 49.002 and amended to read:

AB150,993,11 49.002 Legislative declaration. It is the declared legislative policy that general emergency medical relief is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a dispute may arise over payment for costs associated with maintaining the health and welfare of providing emergency medical care to recipients of general emergency medical relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment.

****Note: This is reconciled s. 49.002 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2648 Section 2648. 49.01 (intro.) of the statutes is amended to read:

AB150,993,13 49.01 Definitions. (intro.) As used in this chapter subchapter:

AB150, s. 2649 Section 2649. 49.01 (1) of the statutes is renumbered 49.43 (1e) and amended to read:

AB150,993,21 49.43 (1e) "Accommodated person" means any person in a hospital or in a skilled nursing facility or intermediate care facility, as defined in Title XIX of the social security act, who would have been eligible for benefits under s. 49.177 or 49.19 or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and any person in such an institution who can be found eligible for Title XIX under the social security act.

AB150, s. 2650 Section 2650. 49.01 (1m) of the statutes is created to read:

AB150,993,23 49.01 (1m) "Department" means the department of health and social services.

AB150, s. 2651 Section 2651. 49.01 (2) of the statutes is amended to read:

AB150,994,6 49.01 (2) "Dependent person" or "dependent" means an individual without the presently available money, income, property or credit, or other means by which it can be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient to provide the necessary commodities and services specified in sub. (5m) emergency medical care covered by emergency medical relief.