SB77-SSA1,694,232
48.06
(1) (a) 3.
The county board of supervisors shall develop policies and
3establish necessary rules for the management and administration of the nonjudicial
4operations of the children's court center. The director of the center shall report and
5is responsible to the director of the county department for the execution of all
6nonjudicial operational policies and rules governing the center, including activities
7of probation officers whenever they are not performing services for the court. The
8director of the center is also responsible for the preparation and submission to the
9county board of supervisors of the annual budget for the center except for the judicial
10functions or responsibilities which are delegated by law to the judge or judges and
11clerk of circuit court. The county board of supervisors shall make provision in the
12organization of the office of director for the devolution of the director's authority in
13the case of temporary absence, illness, disability to act or a vacancy in position and
14shall establish the general qualifications for the position. The county board of
15supervisors also has the authority to investigate, arbitrate and resolve any conflict
16in the administration of the center as between judicial and nonjudicial operational
17policy and rules. The county board of supervisors does not have authority and may
18not assert jurisdiction over the disposition of any case or child after a written order
19is made under s. 48.21 or if a petition is filed under s. 48.25.
All personnel of the
20intake and probation sections and of the secure detention facilities shall be appointed
21under civil service by the director except that existing court service personnel having
22permanent civil service status may be reassigned to any of the respective sections
23within the center specified in this paragraph.
SB77-SSA1,695,7
148.06
(1) (am) 1. All intake workers
beginning providing services under this
2chapter who begin employment after May 15, 1980, shall have the qualifications
3required to perform entry level social work in a county department and shall have
4successfully completed 30 hours of intake training approved or provided by the
5department prior to the completion of the first 6 months of employment in the
6position. The department shall monitor compliance with this subdivision according
7to rules promulgated by the department.
SB77-SSA1,695,119
48.06
(1) (am) 2. The department shall make training programs available
10annually that permit intake workers
who provide services under this chapter to
11satisfy the requirements specified under subd. 1.
SB77-SSA1,695,1713
48.06
(1) (am) 3. Each intake worker
providing services under this chapter 14whose responsibilities include investigation or treatment of child abuse or neglect
15shall successfully complete additional training in child abuse and neglect protective
16services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
17of the additional training may be applied to the requirement under subd. 1.
SB77-SSA1,696,220
48.06
(2) (b) 1. All intake workers
beginning providing services under this
21chapter who begin employment after May 15, 1980, shall have the qualifications
22required to perform entry level social work in a county department and shall have
23successfully completed 30 hours of intake training approved or provided by the
24department prior to the completion of the first 6 months of employment in the
1position. The department shall monitor compliance with this paragraph according
2to rules promulgated by the department.
SB77-SSA1,696,64
48.06
(2) (b) 2. The department shall make training programs available
5annually that permit intake workers
who provide services under this chapter to
6satisfy the requirements specified under subd. 1.
SB77-SSA1,696,128
48.06
(2) (c) Each intake worker
providing services under this chapter whose
9responsibilities include investigation or treatment of child abuse or neglect shall
10successfully complete additional training in child abuse and neglect protective
11services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
12of the additional training may be applied to the requirement under par. (b).
SB77-SSA1,696,1814
48.06
(3) Intake services. The court
or, the department in a county having a
15population of 500,000 or more or the county department responsible for providing
16intake services under s. 48.067 shall specify one or more persons to provide intake
17services. If there is more than one such worker, one of the workers shall be
18designated as chief worker and shall supervise other workers.
SB77-SSA1, s. 1563
19Section
1563. 48.069 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,696,2420
48.069
(1) (intro.) The staff of the department, the court, a county department
21or a licensed child welfare agency designated by the court to carry out the objectives
22and provisions of this chapter
, or, in a county having a population of 500,000 or more,
23the department or an agency under contract with the department to provide
24dispositional services, shall:
SB77-SSA1,697,6
148.069
(2) Licensed Except in a county having a population of 500,000 or more,
2licensed child welfare agencies and the department shall provide services under this
3section only upon the approval of the agency from whom services are requested.
In
4a county having a population of 500,000 or more, the department or, with the
5approval of the department, a licensed child welfare agency shall provide services
6under this section.
SB77-SSA1,697,118
48.069
(3) A court or county department responsible for disposition staff
or, in
9a county having a population of 500,000 or more, the department may agree with the
10court or county department responsible for providing intake services that the
11disposition staff may be designated to provide some or all of the intake services.
SB77-SSA1,697,1913
48.07
(3) (title)
County The department in populous counties. In counties
14having a population of 500,000 or more, the
director of the county department may
15be ordered by the court to provide services for furnishing emergency shelter care to
16any child whose need therefor is determined by the intake worker under s. 48.205.
17The court may authorize the
director department to appoint members of the
county 18department to furnish emergency shelter care services for the child. The emergency
19shelter care may be provided as specified in s. 48.207.
SB77-SSA1,698,421
48.207
(2) If a facility listed in sub. (1) (b) to (k) is used to hold children in
22custody, or if supervisory services of a home detention program are provided to
23children held under sub. (1) (a), its authorized rate
shall be paid by the county for the
24care of the child
shall be paid by the county in a county having a population of less
25than 500,000 or by the department in a county having a population of 500,000 or
1more. If no authorized rate has been established, a reasonable sum to be fixed by the
2court shall be paid by the county
in a county having a population of less than 500,000
3or by the department in a county having a population of 500,000 or more for the
4supervision or care of the child.
SB77-SSA1, s. 1568
5Section
1568. 48.275 (2) (d) of the statutes is renumbered 48.275 (2) (d) 1. and
6amended to read:
SB77-SSA1,698,147
48.275
(2) (d) 1.
Reimbursement In a county having a population of less than
8500,000, reimbursement payments shall be made to the clerk of courts of the county
9where the proceedings took place. Each payment shall be transmitted to the county
10treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the
11county treasury and transmit the remainder to the state treasurer. Payments
12transmitted to the state treasurer shall be deposited in the general fund and credited
13to the appropriation account under s. 20.550 (1) (L). The county treasurer shall
14deposit 100% of the amount paid for county-provided counsel in the county treasury.
SB77-SSA1,698,2116
48.275
(2) (d) 2. In a county having a population of 500,000 or more,
17reimbursement payments shall be made to the clerk of courts of the county where the
18proceedings took place. Each payment shall be transmitted to the state treasurer,
19who shall deposit the amount paid in the general fund and credit 25% of the amount
20paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the
21appropriation account under s. 20.550 (1) (L).
SB77-SSA1,699,1623
48.295
(1) After the filing of a petition and upon a finding by the court that
24reasonable cause exists to warrant an examination or an alcohol and other drug
25abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
1may order any child coming within its jurisdiction to be examined as an outpatient
2by personnel in an approved treatment facility for alcohol and other drug abuse, by
3a physician, psychiatrist or licensed psychologist, or by another expert appointed by
4the court holding at least a master's degree in social work or another related field of
5child development, in order that the child's physical, psychological, alcohol or other
6drug dependency, mental or developmental condition may be considered. The court
7may also order an examination or an alcohol and other drug abuse assessment that
8conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
9custodian whose ability to care for a child is at issue before the court. The court shall
10hear any objections by the child, the child's parents, guardian or legal custodian to
11the request for such an examination or assessment before ordering the examination
12or assessment. The expenses of an examination, if approved by the court, shall be
13paid by the county of the court ordering the examination
in a county having a
14population of less than 500,000 or by the department in a county having a population
15of 500,000 or more. The payment for an alcohol and other drug abuse assessment
16shall be in accordance with s. 48.361.
SB77-SSA1,699,2018
48.33
(4) (b) A recommendation for an amount of child support to be paid by
19either or both of the child's parents or for referral to the county
designee child support
20agency under s. 59.53 (5) for the establishment of child support.
SB77-SSA1,699,2322
48.345
(4) (b)
A The county department
in a county having a population of less
23than 500,000.
SB77-SSA1,700,2
148.345
(4) (bm) The department in a county having a population of 500,000 or
2more.
SB77-SSA1,700,95
48.345
(12) (b) The judge shall order the school board to disclose the child's
6pupil records, as defined under s. 118.125 (1) (d), to the county department
,
7department, in a county having a population of 500,000 or more, or licensed child
8welfare agency responsible for supervising the child, as necessary to determine the
9child's compliance with the order under par. (a).
SB77-SSA1,700,1611
48.345
(12) (c) The judge shall order the county department
, department, in
12a county having a population of 500,000 or more, or licensed child welfare agency
13responsible for supervising the child to disclose to the school board, technical college
14district board or private, nonprofit, nonsectarian agency which is providing an
15educational program under par. (a) 3. records or information about the child, as
16necessary to assure the provision of appropriate educational services under par. (a).
SB77-SSA1,701,418
48.345
(13) (a) If the report prepared under s. 48.33 (1) recommends that the
19child is in need of treatment for the use or abuse of alcohol beverages, controlled
20substances or controlled substance analogs and its medical, personal, family or social
21effects, the court may order the child to enter an outpatient alcohol and other drug
22abuse treatment program at an approved treatment facility. The approved
23treatment facility shall, under the terms of a service agreement between the
county
24and the approved treatment facility
and the county in a county having a population
25of less than 500,000 or the department in a county having a population of 500,000
1or more, or with the written informed consent of the child or the child's parent if the
2child has not attained the age of 12, report to the agency primarily responsible for
3providing services to the child as to whether the child is cooperating with the
4treatment and whether the treatment appears to be effective.
SB77-SSA1,701,166
48.345
(13) (b) If the report prepared under s. 48.33 (1) recommends that the
7child is in need of education relating to the use of alcohol beverages, controlled
8substances or controlled substance analogs, the court may order the child to
9participate in an alcohol or other drug abuse education program approved by the
10court. The person or agency that provides the education program shall, under the
11terms of a service agreement between the
county and the education program
and the
12county in a county having a population of less than 500,000 or the department in a
13county having a population of 500,000 or more, or with the written informed consent
14of the child or the child's parent if the child has not attained the age of 12, report to
15the agency primarily responsible for providing services to the child about the child's
16attendance at the program.
SB77-SSA1,701,2218
48.355
(2) (b) 4. If the child is placed outside the child's home, a designation of
19the amount of support, if any, to be paid by the child's parent, guardian or trustee,
20specifying that the support obligation begins on the date of the placement, or a
21referral to the county
designee child support agency under s. 59.53 (5) for
22establishment of child support.
SB77-SSA1,702,724
48.355
(2) (b) 6. If the child is placed outside the home,
the court's a finding that
25continued placement of the child in his or her home would be contrary to the welfare
1of the child and a finding as to whether
a the county department
which provides
2social services, the department, in a county having a population of 500,000 or more, 3or the agency primarily responsible for the provision of services under a court order
4has made reasonable efforts to prevent the removal of the child from the home or, if
5applicable, that the agency primarily responsible for the provision of services under
6a court order has made reasonable efforts to make it possible for the child to return
7to his or her home.
SB77-SSA1,702,149
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
10the order shall specify what constitutes a violation of the condition and shall direct
11the school board of the school district in which the child is enrolled to notify the
12county department that is responsible for supervising the child
or, in a county having
13a population of 500,000 or more, the department within 5 days after any violation of
14the condition by the child.
SB77-SSA1, s. 1582
15Section
1582. 48.355 (2c) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,702,2116
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
17whether
a the county department
which provides social services, the department, in
18a county having a population of 500,000 or more, or the agency primarily responsible
19for providing services to the child under a court order has made reasonable efforts
20to prevent the removal of the child from his or her home, the court's consideration of
21reasonable efforts shall include, but not be limited to, whether:
SB77-SSA1,703,1023
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
24court otherwise designates an alternative placement for the child by a disposition
25made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
1parent or guardian or, in the case of a transfer of guardianship and custody under
2s. 48.839 (4), the duty of the former guardian to provide support shall continue even
3though the legal custodian or the placement designee may provide the support. A
4copy of the order transferring custody or designating alternative placement for the
5child shall be submitted to the agency or person receiving custody or placement and
6the agency or person may apply to the court for an order to compel the parent or
7guardian to provide the support. Support payments for residential services, when
8purchased or otherwise funded or provided by the department or a county
9department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
10s. 46.10 (14).
SB77-SSA1,703,2213
48.36
(1) (b) In determining the amount of support under par. (a), the court may
14consider all relevant financial information or other information relevant to the
15parent's earning capacity, including information reported
under s. 49.22 (2m) to the
16department of workforce development
, or the county child
and spousal support
17agency
, under s.
49.22 (2m) 59.53 (5). If the court has insufficient information with
18which to determine the amount of support, the court shall order the child's parent
19to furnish a statement of income, assets, debts and living expenses, if the parent has
20not already done so, to the court within 10 days after the court's order transferring
21custody or designating an alternative placement is entered or at such other time as
22ordered by the court.
SB77-SSA1,704,624
48.36
(2) If a child whose legal custody has not been taken from a parent or
25guardian is given educational and social services, or medical, psychological or
1psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
2shall be a charge upon the county
in a county having a population of less than 500,000
3or the department in a county having a population of 500,000 or more. This section
4does not prevent recovery of reasonable contribution toward the costs from the
5parent or guardian of the child as the court may order based on the ability of the
6parent or guardian to pay. This subsection shall be subject to s. 46.03 (18).
SB77-SSA1,704,98
48.36
(3) In determining county
or departmental liability, this section does not
9apply to services specified in ch. 115.
SB77-SSA1,704,1511
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
12providing services to the child shall file with the court a written report stating to
13what extent the dispositional order has been meeting the objectives of the plan for
14the child's rehabilitation or care and treatment.
The juvenile offender review
15program may file a written report regarding any child examined by the program.
SB77-SSA1,705,317
48.366
(8) Transfer to or between facilities. The department of corrections
18may transfer a person subject to an order between secured correctional facilities.
19After the person attains the age of 17 years, the department of corrections may place
20the person in a state prison named in s. 302.01.
If the person is 15 years of age or
21over, the department of corrections may transfer the person to the Racine youthful
22offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If
23the department of corrections places a person subject to an order under this section
24in a state prison, that department shall provide services for that person from the
25appropriate appropriation under s. 20.410 (1). The department of corrections may
1transfer a person placed in a state prison under this subsection to or between state
2prisons named in s. 302.01 without petitioning for revision of the order under sub.
3(5) (a).
SB77-SSA1,705,125
48.38
(5) (am) The court may appoint an independent agency to designate a
6panel to conduct a permanency plan review under par. (a). If the court
in a county
7having a population of less than 500,000 appoints an independent agency under this
8paragraph, the county department of the county of the court shall authorize and
9contract for the purchase of services from the independent agency.
If the court in a
10county having a population of 500,000 or more appoints an independent agency
11under this paragraph, the department shall authorize and contract for the purchase
12of services from the independent agency.
SB77-SSA1,705,2314
48.428
(2) (a) Except as provided in par. (b), when a court places a child in
15sustaining care after an order under s. 48.427 (4), the court shall transfer legal
16custody of the child to the county department
, the department, in a county having
17a population of 500,000 or more, or a licensed child welfare agency, transfer
18guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place
19the child in the home of a licensed foster parent, licensed treatment foster parent or
20kinship care relative with whom the child has resided for 6 months or longer.
21Pursuant to such a placement, this licensed foster parent, licensed treatment foster
22parent or kinship care relative shall be a sustaining parent with the powers and
23duties specified in sub. (3).
SB77-SSA1,706,12
148.428
(2) (b) When a court places a child in sustaining care after an order
2under s. 48.427 (4) with a person who has been appointed as the guardian of the child
3under s. 48.977 (2), the court may transfer legal custody of the child to the county
4department
, the department, in a county having a population of 500,000 or more, or
5a licensed child welfare agency, transfer guardianship of the child to an agency listed
6in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent
7or, licensed treatment foster parent
or kinship care relative with whom the child has
8resided for 6 months or longer. Pursuant to such a placement, that licensed foster
9parent
or, licensed treatment foster parent
or kinship care relative shall be a
10sustaining parent with the powers and duties specified in sub. (3). If the court
11transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.,
12the court shall terminate the guardianship under s. 48.977.
SB77-SSA1,706,2014
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.
SB77-SSA1,707,222
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:
SB77-SSA1,707,103
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.
SB77-SSA1,707,1611
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.
SB77-SSA1,708,217
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.
SB77-SSA1,708,43
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.
SB77-SSA1,708,75
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.
SB77-SSA1,708,88
6. Provide services to the court under s. 48.06.
SB77-SSA1,708,109
7. Contract with any parent or guardian or other person for the care and
10maintenance of any child.
SB77-SSA1,708,1111
8. License foster homes or treatment foster homes in accordance with s. 48.75.
SB77-SSA1,708,1312
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.
SB77-SSA1,708,1414
10. Administer kinship care as provided in s. 48.57 (3m) and (3p).
SB77-SSA1,708,1715
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.
SB77-SSA1,708,2018
(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.