1997 Wisconsin Act 237

237,90 Section 90 . 40.32 (3) of the statutes is amended to read:

40.32 (3) Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6). If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employe, either as an additional contribution under s. 40.05 (1) (a) 5. or a purchase of forfeited or creditable service under s. 40.02 (17) or 40.25 (6) (a) or (7) (a).

237,90b Section 90b. 40.51 (8) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.895 (5m) and (8) to (13) and 632.896.

237,90bm Section 90bm. 40.51 (8m) of the statutes, as affected by 1997 Wisconsin Act 155, is amended to read:

40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.746 (1) to (8) and (10), 632.747, 632.748, 632.85, 632.853, 632.855 and 632.895 (11) to (13).

237,90bp Section 90bp. 40.51 (12) of the statutes is repealed and recreated to read:

40.51 (12) Every managed care plan, as defined in s. 609.01 (3c), and every limited service health organization, as defined in s. 609.01 (3), that is offered by the state under sub. (6) shall comply with ch. 609.

237,90bq Section 90bq. 40.51 (13) of the statutes is created to read:

40.51 (13) Every managed care plan, as defined in s. 609.01 (3c), and every limited service health organization, as defined in s. 609.01 (3), that is offered by the group insurance board under sub. (7) shall comply with ch. 609.

237,90bt Section 90bt. 40.65 (4v) of the statutes is created to read:

40.65 (4v) A state probation and parole officer who becomes a protective occupation participant on or after the effective date of this subsection .... [revisor inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [revisor inserts date].

237,90c Section 90c. 44.71 (2) (e) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

44.71 (2) (e) Subject to s. 196.218 (4r) (f), in cooperation with the department and the public service commission, provide telecommunications access to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards under the program established under s. 196.218 (4r).

237,90d Section 90d. 45.25 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

45.25 (1) Administration. The department of veterans affairs shall administer a tuition and fee reimbursement program for eligible veterans enrolling as undergraduates in any institution or center within the university of Wisconsin system, enrolling in any technical college under ch. 38 or receiving a waiver of nonresident tuition under s. 39.47.

237,90h Section 90h. 45.25 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

45.25 (3) (a) Except as provided in par. (am), an individual who meets the requirements under sub. (2), upon satisfactory completion of an undergraduate semester in any institution or center within the university of Wisconsin system or a semester at any technical college district school under ch. 38, may be reimbursed for up to 50% of the individual's tuition and fees, but that reimbursement is limited to a maximum of 50% of the standard cost for a state resident for an equivalent undergraduate course at the University of Wisconsin-Madison per course or the difference between the individual's tuition and fees and the grants or scholarships, including those made under s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.

237,90k Section 90k. 45.25 (3) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

45.25 (3) (am) A disabled individual who meets the requirements under sub. (2) and whose disability is rated at 30% or more under 38 USC 1114 or 1134, upon satisfactory completion of an undergraduate semester in any institution or center within the University of Wisconsin System or a semester at any technical college district school under ch. 38, may be reimbursed for up to 100% of the individual's tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for an equivalent undergraduate course at the University of Wisconsin-Madison per course, or the difference between the individual's tuition and fees and the grants or scholarships, including those made under s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.

237,90p Section 90p. 45.25 (3) (b) 4. of the statutes is amended to read:

45.25 (3) (b) 4. Contain the signatures of both the applicant and a representative of the institution, center or school certifying that the applicant has satisfactorily completed the semester.

237,90t Section 90t. 45.25 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

45.25 (4) (a) An individual is not eligible for reimbursement under sub. (2) for more than 120 credits of part-time study or 8 full semesters of full-time study at any institution or center within the university of Wisconsin system, 60 credits of part-time study or 4 full semesters of full-time study at a technical college under ch. 38, or an equivalent amount of credits at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47.

237,90w Section 90w. 45.351 (1) of the statutes is amended to read:

45.351 (1) Subsistence grants. The department may grant subsistence aid to any veteran or to any dependent of a veteran in an amount that the department determines is advisable to prevent want or distress. The department may grant subsistence aid on a month-to-month basis or for a 3-month period. The department may grant subsistence aid for a 3-month period if the veteran or dependent whose incapacity is the basis for the aid will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. Subsistence aid is limited to a maximum of 3 months in a 12-month period unless the department determines that the need for subsistence aid in excess of this maximum time period is caused by the aid recipient's relapse. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under s. 20.485 (2) (vm) for subsistence grants to veterans. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee.

237,91 Section 91 . 45.74 (7) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

45.74 (7) (title) Price-of-home Amount of loan limitation. The price amount of the home loan exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing establish the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

237,92 Section 92 . 46.036 (3) (g) of the statutes is created to read:

46.036 (3) (g) Notwithstanding pars. (b) and (d), if a county has an existing system, approved by the department, to monitor and assess the outcomes of a contract and if the county is so authorized by the department, the county may contract with providers to pay in advance or after provision of services a fixed amount for each person served by the provider in return for a defined set of expected outcomes that are determined by the county.

237,93 Section 93 . 46.10 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

237,94 Section 94 . 46.10 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183, 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

237,95 Section 95 . 46.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, or 48.357 , 938.183, 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, or child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

237,96 Section 96 . 46.10 (14) (e) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

237,97 Section 97 . 46.21 (5) (b) of the statutes is amended to read:

46.21 (5) (b) Sections 46.10, 49.08, 49.90, 301.12 and 767.42 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

237,98 Section 98 . 46.247 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355, or 48.357 , 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

237,98m Section 98m. 46.27 (7) (am) of the statutes is amended to read:

46.27 (7) (am) From the appropriation appropriations under s. 20.435 (7) (bb) and (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 49.33 (2) or 49.45. The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468 or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services.

237,98n Section 98n. 46.27 (11) (c) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a private nonprofit agency or an aging unit with which the department contracts provides under this subsection shall be made from the appropriations under s. 20.435 (5) (o) and (7) (b), (bb) and (bd).

237,99 Section 99 . 46.27 (11) (c) 3m. of the statutes is repealed.

237,100 Section 100 . 46.40 (2m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $9,702,400 $10,493,900 in fiscal year 1997-98 and not more than $8,641,100 $10,224,100 in fiscal year 1998-99.

237,101 Section 101 . 48.01 (1) (a) of the statutes is amended to read:

48.01 (1) (a) While recognizing that the paramount goal of this chapter is to protect children, to preserve the unity of the family, whenever appropriate, by strengthening family life through assisting parents, whenever appropriate, in fulfilling their parental responsibilities. The courts and agencies responsible for child welfare, while assuring that a child's health and safety are the paramount concerns, should assist parents in changing any circumstances in the home which might harm the child or which may require the child to be placed outside the home. The courts should recognize that they have the authority, in appropriate cases, not to reunite a child with his or her family. The courts and agencies responsible for child welfare should also recognize that instability and impermanence in family relationships are contrary to the welfare of children and should therefore recognize the importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their safe return to the family.

237,102 Section 102 . 48.01 (1) (gg) of the statutes is amended to read:

48.01 (1) (gg) To promote the adoption of children into safe and stable families rather than allowing children to remain in the impermanence of foster or treatment foster care.

237,103 Section 103 . 48.21 (5) (b) of the statutes is amended to read:

48.21 (5) (b) An order relating to a child held in custody outside of his or her home shall also describe any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home and to involve the parents in planning for the child.

237,104 Section 104 . 48.235 (8) of the statutes is repealed and recreated to read:

48.235 (8) Compensation. (a) A guardian ad litem appointed under this chapter shall be compensated at a rate that the court determines is reasonable, except that, if the court orders a county to pay the compensation of the guardian ad litem under par. (b) or (c) 2., the amount ordered may not exceed the compensation payable to a private attorney under s. 977.08 (4m) (b).

(b) Subject to par. (c), the court may order either or both of the parents of a child for whom a guardian ad litem is appointed under this chapter to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court may order either or both of the parents of the child to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay because a parent is indigent, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.

(c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833, the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

2. In an uncontested termination of parental rights and adoption proceeding under s. 48.835 or 48.837, the court shall order the proposed adoptive parents to pay the compensation of the child's guardian ad litem. If the proposed adoptive parents are indigent, the court may order the county of venue to pay the compensation, in whole or in part, and may order the proposed adoptive parents to reimburse the county, in whole or in part, for the payment.

(d) At any time before the final order in a proceeding in which a guardian ad litem is appointed for a child under this chapter, the court may order a parent, agency or proposed adoptive parent to place payments in an escrow account in an amount estimated to be sufficient to pay any compensation and fees payable under par. (b) or (c).

(e) If the court orders a parent or proposed adoptive parent to reimburse a county under par. (b) or (c) 2., the court may order a separate judgment for the amount of the reimbursement in favor of the county and against the parent or proposed adoptive parent who is responsible for the reimbursement.

(f) The court may enforce its orders under this subsection by means of its contempt powers.

237,105 Section 105 . 48.27 (3) (a) 1m. of the statutes is created to read:

48.27 (3) (a) 1m. The court shall give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

237,106 Section 106 . 48.27 (3) (a) 2. of the statutes is amended to read:

48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1. and if the court is required under this chapter to permit that person to make a written or oral statement during the hearing or to submit a written statement prior to the hearing and that person does not make or submit such statement, that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

237,107 Section 107 . 48.27 (6) of the statutes is amended to read:

48.27 (6) When a proceeding is initiated under s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if the child who is the subject of the proceeding is in the care of a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).

237,108 Section 108 . 48.355 (2) (b) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued placement of the child in his or her home would be contrary to the health, safety and welfare of the child and, if sub. (2d) does not apply, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for the provision of providing services under a court order has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or, if applicable, that a finding as to whether the agency primarily responsible for the provision of providing services under a court order has made reasonable efforts to make it possible for the child to return safely to his or her home.

237,109 Section 109 . 48.355 (2b) of the statutes is created to read:

48.355 (2b) Concurrent reasonable efforts permitted. A county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to a child under a court order may, at the same time as the county department, department or agency is making the reasonable efforts required under sub. (2) (b) 6., work with the department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the child for adoption, with a guardian or in some other alternative permanent placement.

237,110 Section 110. 48.355 (2c) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

48.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring that the child's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

237,111 Section 111 . 48.355 (2c) (a) 1. of the statutes is amended to read:

48.355 (2c) (a) 1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the child's health, safety and welfare effectively in the home.

237,112 Section 112 . 48.355 (2c) (b) of the statutes is amended to read:

48.355 (2c) (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return safely to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the child and his or her parents were implemented, unless visitation was denied or limited by the court.

237,113 Section 113 . 48.355 (2d) of the statutes is created to read:

48.355 (2d) Reasonable efforts not required. (a) In this subsection:

1. “Aggravated circumstances" include abandonment in violation of s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual abuse.

2. “Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.

(b) Notwithstanding sub. (2) (b) 6., the court need not include in a dispositional order a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or, if applicable, a finding as to whether the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a child to make it possible for the child to return safely to his or her home, if the court finds, as evidenced by a final judgment of conviction, any of the following:

1. That the parent has subjected the child to aggravated circumstances.

2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired or attempted to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state, and that the victim of that violation is a child of the parent.

3. That the parent has committed a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

4. That the parental rights of the parent to another child have been involuntarily terminated.

(c) If the court makes a finding specified in par. (b) 1., 2., 3. or 4., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

237,114 Section 114 . 48.357 (2r) of the statutes, as affected by 1997 Wisconsin Act 80, is amended to read: