AB100-ASA1,706,2014 48.48 (16m) To employ under the unclassified service in an office of the
15department that is located in a 1st class city a director of the office of urban
16development who shall be appointed by the secretary to serve at the pleasure of the
17secretary and who shall coordinate the provision of child welfare services in a county
18having a population of 500,000 or more with the implementation of the Wisconsin
19works program under ss. 49.141 to 49.161 in a county having a population of 500,000
20or more.
AB100-ASA1, s. 1244 21Section 1244. 48.48 (17) of the statutes is created to read:
AB100-ASA1,707,222 48.48 (17) (a) In a county having a population of 500,000 or more, to administer
23child welfare services and to expend such amounts as may be necessary out of any
24moneys which may be appropriated for child welfare services by the legislature,
25which may be donated by individuals or private organizations or which may be

1otherwise provided. The department shall also have authority to do all of the
2following:
AB100-ASA1,707,103 1. Investigate the conditions surrounding nonmarital children and children in
4need of protection or services within the county and to take every reasonable action
5within its power to secure for them the full benefit of all laws enacted for their benefit.
6Unless provided by another agency, the department shall offer social services to the
7caretaker of any child who is referred to it under the conditions specified in this
8subdivision. This duty shall be discharged in cooperation with the court and with
9the public officers or boards legally responsible for the administration and
10enforcement of these laws.
AB100-ASA1,707,1611 2. Accept legal custody of children transferred to it by the court under s. 48.355
12and to provide special treatment and care if ordered by the court and if providing
13special treatment and care is not the responsibility of the county department under
14s. 46.215, 51.42 or 51.437. A court may not order the department to administer
15psychotropic medications to children who receive special treatment or care under
16this subdivision.
AB100-ASA1,708,217 3. Provide appropriate protection and services for children in its care, including
18providing services for children and their families in their own homes, placing the
19children in licensed foster homes, licensed treatment foster homes or licensed group
20homes in this state or another state within a reasonable proximity to the agency with
21legal custody or contracting for services for them by licensed child welfare agencies,
22except that the department may not purchase the educational component of private
23day treatment programs unless the department, the school board as defined in s.
24115.001 (7) and the state superintendent of public instruction all determine that an
25appropriate public education program is not available. Disputes between the

1department and the school district shall be resolved by the state superintendent of
2public instruction.
AB100-ASA1,708,43 4. Provide for the moral and religious training of children in its care according
4to the religious belief of the child or of his or her parents.
AB100-ASA1,708,75 5. Place children in a county children's home in the county, to accept
6guardianship of children when appointed by the court and to place children under
7its guardianship for adoption.
AB100-ASA1,708,88 6. Provide services to the court under s. 48.06.
AB100-ASA1,708,109 7. Contract with any parent or guardian or other person for the care and
10maintenance of any child.
AB100-ASA1,708,1111 8. License foster homes or treatment foster homes in accordance with s. 48.75.
AB100-ASA1,708,1312 9. Use in the media a picture or description of a child in its guardianship for
13the purpose of finding adoptive parents for that child.
AB100-ASA1,708,1414 10. Administer kinship care as provided in s. 48.57 (3m) and (3p).
AB100-ASA1,708,1715 11. Contract with the county department under s. 46.215, 51.42 or 51.437 or
16with a licensed child welfare agency to provide any of the services that the
17department is authorized to provide under this chapter.
AB100-ASA1,708,2018 (b) In performing the functions specified in par. (a), the department may avail
19itself of the cooperation of any individual or private agency or organization interested
20in the social welfare of children in the county.
AB100-ASA1,708,2321 (c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the
22department may provide funding for the maintenance of any child who meets all of
23the following criteria:
AB100-ASA1,708,2424 1. Is 18 years of age or older.
AB100-ASA1,709,2
12. Is enrolled in and regularly attending a secondary education classroom
2program leading to a high school diploma.
AB100-ASA1,709,43 3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior
4to his or her 18th birthday.
AB100-ASA1,709,65 4. Is living in a foster home, treatment foster home, group home or child caring
6institution.
AB100-ASA1,709,97 (d) The funding provided for the maintenance of a child under par. (c) shall be
8in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx),
9(kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.
AB100-ASA1, s. 1245 10Section 1245. 48.551 (2) (a) of the statutes is amended to read:
AB100-ASA1,709,1311 48.551 (2) (a) Training persons who provide counseling to adolescents
12including school counselors, county or department employes providing child welfare
13services under s. 48.56 or 48.561 and family planning clinic employes.
AB100-ASA1, s. 1246 14Section 1246. Subchapter XII (title) of chapter 48 [precedes 48.56] of the
15statutes is amended to read:
AB100-ASA1,709,1616 CHAPTER 48
AB100-ASA1,709,1817 SUBCHAPTER XII
18COUNTY CHILD WELFARE SERVICES
AB100-ASA1, s. 1247 19Section 1247. 48.56 (title) of the statutes is amended to read:
AB100-ASA1,709,21 2048.56 (title) County child Child welfare services in counties having
21populations of less than 500,000
.
AB100-ASA1, s. 1248 22Section 1248. 48.56 (1) of the statutes is amended to read:
AB100-ASA1,709,2423 48.56 (1) Each county having a population of less than 500,000 shall provide
24child welfare services through its county department.
AB100-ASA1, s. 1249 25Section 1249. 48.561 of the statutes is created to read:
AB100-ASA1,710,3
148.561 Child welfare services in a county having a population of
2500,000 or more. (1)
Beginning on January 1, 1998, the department shall provide
3child welfare services in a county having a population of 500,000 or more.
AB100-ASA1,710,7 4(2) Beginning on January 1, 1998, the department shall employ personnel in
5a county having a population of 500,000 or more who devote all of their time directly
6or indirectly to child welfare services. Whenever possible, these personnel shall be
7social workers certified under ch. 457.
AB100-ASA1,710,10 8(3) (a) A county having a population of 500,000 or more shall contribute
9$31,280,700 in state fiscal year 1997-98 for the provision of child welfare services in
10that county by the department.
AB100-ASA1,711,211 (b) The department of administration and a county having a population of
12500,000 or more shall consult to determine the method by which the state will collect
13the amount specified in par. (a). If the department of administration and a county
14having a population of 500,000 or more reach an agreement as to that method and
15if that agreement calls for deducting all or part of that amount from any state
16payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding
17a special charge to the amount of taxes apportioned to and levied on that county
18under s. 70.60, the department of administration shall notify the department of
19revenue, by September 15, 1997, of the amount to be deducted from those state
20payments due or to be added as that special charge. If the department of
21administration and a county having a population of 500,000 or more do not reach an
22agreement as to that method by September 15, 1997, the department of
23administration shall determine that method without the agreement of that county.
24On or after January 1, 1998, the department of administration shall credit all
25amounts collected under this paragraph to the appropriation account under s. 20.435

1(3) (kw) and shall notify the county from which those amounts are collected of that
2collection.
AB100-ASA1, s. 1600d 3Section 1600d. 48.561 (1), (2) and (3) of the statutes, as created by 1997
4Wisconsin Act .... (this act), are amended to read:
AB100-ASA1,711,65 48.561 (1) Beginning on January 1, 1998, the The department shall provide
6child welfare services in a county having a population of 500,000 or more.
AB100-ASA1,711,10 7(2) Beginning on January 1, 1998, the The department shall employ personnel
8in a county having a population of 500,000 or more who devote all of their time
9directly or indirectly to child welfare services. Whenever possible, these personnel
10shall be social workers certified under ch. 457.
AB100-ASA1,711,13 11(3) (a) A county having a population of 500,000 or more shall contribute
12$31,280,700 $62,561,400 in each state fiscal year 1997-98 for the provision of child
13welfare services in that county by the department.
AB100-ASA1,712,514 (b) The department of administration and a county having a population of
15500,000 or more shall consult to determine the method by which the state will collect
16the amount specified in par. (a). If the department of administration and a county
17having a population of 500,000 or more reach an agreement as to that method and
18if that agreement calls for deducting all or part of that amount from any state
19payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding
20a special charge to the amount of taxes apportioned to and levied on that county
21under s. 70.60, the department of administration shall notify the department of
22revenue, by September 15, 1997 of each year, of the amount to be deducted from those
23state payments due or to be added as that special charge. If the department of
24administration and a county having a population of 500,000 or more do not reach an
25agreement as to that method by September 15, 1997 of each year, the department of

1administration shall determine that method without the agreement of that county.
2On or after January 1, 1998, the The department of administration shall credit all
3amounts collected under this paragraph to the appropriation account under s. 20.435
4(3) (kw) and shall notify the county from which those amounts are collected of that
5collection.
AB100-ASA1, s. 1250 6Section 1250. 48.57 (title) of the statutes is amended to read:
AB100-ASA1,712,8 748.57 (title) Powers and duties of department and county departments
8providing child welfare services.
AB100-ASA1, s. 1251 9Section 1251. 48.57 (1) (intro.) of the statutes is amended to read:
AB100-ASA1,712,1510 48.57 (1) (intro.) Each county department shall administer and expend such
11amounts as may be necessary out of any moneys which may be appropriated for child
12welfare purposes by the county board of supervisors or by the legislature, which may
13be
donated by individuals or private organizations. It or which may be otherwise
14provided. The department shall have the authority specified in s. 48.48 (17). A
15county department
shall have the authority:
AB100-ASA1, s. 1252 16Section 1252. 48.57 (1) (c) of the statutes is amended to read:
AB100-ASA1,713,317 48.57 (1) (c) To provide appropriate protection and services for children in its
18care, including providing services for children and their families in their own homes,
19placing the children in licensed foster homes, licensed treatment foster homes or
20licensed group homes in this state or another state within a reasonable proximity to
21the agency with legal custody or contracting for services for them by licensed child
22welfare agencies, except that the county department shall not purchase the
23educational component of private day treatment programs unless the county
24department, the school board as defined in s. 115.001 (7) and the department of
25education
state superintendent of public instruction all determine that an

1appropriate public education program is not available. Disputes between the county
2department and the school district shall be resolved by the department of education
3state superintendent of public instruction.
AB100-ASA1, s. 1253 4Section 1253. 48.57 (1) (e) of the statutes is amended to read:
AB100-ASA1,713,95 48.57 (1) (e) If a county department in a county with a population of 500,000
6or more and if contracted to do so by the department, to place children in a county
7children's home in the county under policies adopted by the county board of
8supervisors, to accept guardianship of children when appointed by the court and to
9place children under its guardianship for adoption.
AB100-ASA1, s. 1254 10Section 1254. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1995
11Wisconsin Act 289
, section 70g, is amended to read:
AB100-ASA1,713,1612 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o)
13(3) (cz) and (kc), the department shall reimburse counties for payments made under
14this subsection. A county department shall make payments in the amount of $215
15per month to a kinship care relative who is providing care and maintenance for a
16child if all of the following conditions are met:
AB100-ASA1, s. 1255 17Section 1255. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997
18Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1,713,2519 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and
20(kc), the department shall reimburse counties having populations of less than
21500,000 for payments made under this subsection and shall make payments under
22this subsection in a county having a population of 500,000 or more. A county
23department and, in a county having a population of 500,000 or more, the department
24shall make payments in the amount of $215 per month to a kinship care relative who
25is providing care and maintenance for a child if all of the following conditions are met:
AB100-ASA1, s. 1256
1Section 1256. 48.57 (3m) (am) 1. of the statutes is amended to read:
AB100-ASA1,714,62 48.57 (3m) (am) 1. The kinship care relative applies to the county department
3or department for payments under this subsection and the county department or
4department
determines that there is a need for the child to be placed with the kinship
5care relative and that the placement with the kinship care relative is in the best
6interests of the child.
AB100-ASA1, s. 1257 7Section 1257. 48.57 (3m) (am) 2. of the statutes is amended to read:
AB100-ASA1,714,118 48.57 (3m) (am) 2. The county department or department determines that the
9child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child
10would be at risk of meeting one or more of those criteria if the child were to remain
11in his or her home.
AB100-ASA1, s. 1258 12Section 1258. 48.57 (3m) (am) 4. of the statutes is amended to read:
AB100-ASA1,714,2013 48.57 (3m) (am) 4. The county department or department conducts a
14background investigation under sub. (3p) of the kinship care relative, the employes
15and prospective employes of the kinship care relative who have or would have
16regular contact with the child for whom the payments would be made and any other
17adult resident of the kinship care relative's home to determine if the kinship care
18relative, employe, prospective employe or adult resident has any arrests or
19convictions that could adversely affect the child or the kinship care relative's ability
20to care for the child.
AB100-ASA1, s. 1259 21Section 1259. 48.57 (3m) (am) 5. of the statutes is amended to read:
AB100-ASA1,714,2422 48.57 (3m) (am) 5. The kinship care relative cooperates with the county
23department or department in the application process, including applying for other
24forms of assistance for which the kinship care relative may be eligible.
AB100-ASA1, s. 1260 25Section 1260. 48.57 (3m) (am) 6. of the statutes is created to read:
AB100-ASA1,715,3
148.57 (3m) (am) 6. The child for whom the kinship care relative is providing
2care and maintenance is not receiving supplemental security income under 42 USC
31381
to 1383c or state supplemental payments under s. 49.77.
AB100-ASA1, s. 1261 4Section 1261. 48.57 (3m) (b) 1. of the statutes is amended to read:
AB100-ASA1,715,85 48.57 (3m) (b) 1. The county department or, in a county having a population
6of 500,000 or more, the department
shall refer to the attorney responsible for support
7enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a
8child for whom a payment is made under par. (am).
AB100-ASA1, s. 1262 9Section 1262. 48.57 (3m) (c) of the statutes is amended to read:
AB100-ASA1,715,1310 48.57 (3m) (c) The county department or, in a county having a population of
11500,000 or more, the department
shall require the parent or parents of a child for
12whom a payment is made under par. (am) to initiate or continue health care
13insurance coverage for the child.
AB100-ASA1, s. 1263 14Section 1263. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act
15289
, section 70g, is amended to read:
AB100-ASA1,715,2216 48.57 (3m) (d) A county department or, in a county having a population of
17500,000 or more, the department
shall review a placement of a child for which the
18county department or department makes payments under par. (am) not less than
19every 12 months after the county department or department begins making those
20payments to determine whether the conditions specified in par. (am) continue to
21exist. If those conditions do not continue to exist, the county department or
22department
shall discontinue making those payments.
AB100-ASA1, s. 1614g 23Section 1614g. 48.57 (3m) (f) of the statutes is created to read:
AB100-ASA1,716,424 48.57 (3m) (f) Any person whose application for payments under par. (am) is
25not acted on promptly or is denied on the grounds that a condition specified in par.

1(am) 1., 2., 5. or 6. has not been met and any person whose payments under par. (am)
2are discontinued under par. (d) may petition the department under par. (g) for a
3review of that action or failure to act. Review is unavailable if the action or failure
4to act arose more than 45 days before submission of the petition for review.
AB100-ASA1, s. 1614h 5Section 1614h. 48.57 (3m) (g) of the statutes is created to read:
AB100-ASA1,716,206 48.57 (3m) (g) 1. Upon receipt of a timely petition under par. (f) the department
7shall give the applicant or recipient reasonable notice and an opportunity for a fair
8hearing. The department may make such additional investigation as it considers
9necessary. Notice of the hearing shall be given to the applicant or recipient and to
10the county department or subunit of the department whose action or failure to act
11is the subject of the petition. That county department or subunit of the department
12may be represented at the hearing. The department shall render its decision as soon
13as possible after the hearing and shall send a certified copy of its decision to the
14applicant or recipient and to the county department or subunit of the department
15whose action or failure to act is the subject of the petition. The decision of the
16department shall have the same effect as an order of the county department or
17subunit of the department whose action or failure to act is the subject of the petition.
18The decision shall be final, but may be revoked or modified as altered conditions may
19require. The department shall deny a petition for review or shall refuse to grant
20relief if any of the following applies:
AB100-ASA1,716,2121 a. The petitioner withdraws the petition in writing.
AB100-ASA1,716,2422 b. The sole issue in the petition concerns an automatic payment adjustment or
23change that affects an entire class of recipients and is the result of a change in state
24law.
AB100-ASA1,717,3
1c. The petitioner abandons the petition. Abandonment occurs if the petitioner
2fails to appear in person or by a representative at a scheduled hearing without good
3cause, as determined by the department.
AB100-ASA1,717,134 2. If a recipient requests a hearing within 10 days after the date of notice that
5his or her payments under par. (am) are being discontinued, those payments may not
6be discontinued until a decision is rendered after the hearing but payments made
7pending the hearing decision may be recovered by the department if the contested
8action or failure to act is upheld. The department shall promptly notify the county
9department of the county in which the recipient resides or, if the recipient resides in
10a county having a population of 500,000 or more, the subunit of the department
11administering of the kinship care program in that county that the recipient has
12requested a hearing. Payments under par. (am) shall be discontinued if any of the
13following applies:
AB100-ASA1,717,1514 a. The recipient is contesting a state law or a change in state law and not the
15determination of the payment made on the recipient's behalf.
AB100-ASA1,717,1816 b. The recipient is notified of a change in his or her payments under par. (am)
17while the hearing decision is pending but the recipient fails to request a hearing on
18the change.
AB100-ASA1,717,2019 3. The recipient shall be promptly informed in writing if his or her payments
20under par. (am) are to be discontinued pending the hearing decision.
AB100-ASA1, s. 1264 21Section 1264. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB100-ASA1,717,2522 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m),
23the county department or, in a county having a population of 500,000 or more, the
24department of health and family services
, with the assistance of the department of
25justice, shall conduct a background investigation of the applicant.
AB100-ASA1, s. 1265
1Section 1265. 48.57 (3p) (b) 2. of the statutes is amended to read:
AB100-ASA1,718,72 48.57 (3p) (b) 2. The county department or, in a county having a population of
3500,000 or more, the department of health and family services
, with the assistance
4of the department of justice, may conduct a background investigation of any person
5who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d)
6or at any other time that the county department or department of health and family
7services
considers to be appropriate.
AB100-ASA1, s. 1266 8Section 1266. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB100-ASA1,718,159 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m),
10the county department or, in a county having a population of 500,000 or more, the
11department of health and family services
, with the assistance of the department of
12justice, shall, in addition to the investigation under par. (b), conduct a background
13investigation of all employes and prospective employes of the applicant who have or
14would have regular contact with the child for whom those payments are being made
15and of each adult resident.
AB100-ASA1, s. 1267 16Section 1267. 48.57 (3p) (c) 2. of the statutes is amended to read:
AB100-ASA1,718,2417 48.57 (3p) (c) 2. The county department or, in a county having a population of
18500,000 or more, the department of health and family services
, with the assistance
19of the department of justice, may conduct a background investigation of any of the
20employes or prospective employes of any person who is receiving payments under
21sub. (3m) who have or would have regular contact with the child for whom those
22payments are being made and of each adult resident at the time of review under sub.
23(3m) (d) or at any other time that the county department or department of health and
24family services
considers to be appropriate.
AB100-ASA1, s. 1268 25Section 1268. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB100-ASA1,719,8
148.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m)
2may employ any person in a position in which that person would have regular contact
3with the child for whom those payments are being made or permit any person to be
4an adult resident, the county department or, in a county having a population of
5500,000 or more, the department of health and family services
, with the assistance
6of the department of justice, shall conduct a background investigation of the
7prospective employe or prospective adult resident unless that person has already
8been investigated under subd. 1. or 2.
Loading...
Loading...