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.
SB77-SSA1,708,2321
(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:
SB77-SSA1,708,2424
1. Is 18 years of age or older.
SB77-SSA1,709,2
12. Is enrolled in and regularly attending a secondary education classroom
2program leading to a high school diploma.
SB77-SSA1,709,43
3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior
4to his or her 18th birthday.
SB77-SSA1,709,65
4. Is living in a foster home, treatment foster home, group home or child caring
6institution.
SB77-SSA1,709,97
(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.
SB77-SSA1,709,1311
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.
SB77-SSA1, s. 1596
14Section
1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the
15statutes is amended to read:
SB77-SSA1,709,1817
SUBCHAPTER XII
18COUNTY CHILD WELFARE SERVICES
SB77-SSA1,709,21
2048.56 (title)
County child
Child welfare services in counties having
21populations of less than 500,000.
SB77-SSA1,709,2423
48.56
(1) Each county
having a population of less than 500,000 shall provide
24child welfare services through its county department.
SB77-SSA1,710,3
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.
SB77-SSA1,710,7
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.
SB77-SSA1,710,10
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.
SB77-SSA1,711,211
(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.
SB77-SSA1, 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:
SB77-SSA1,711,65
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.
SB77-SSA1,711,10
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.
SB77-SSA1,711,13
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.
SB77-SSA1,712,514
(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.
SB77-SSA1,712,8
748.57 (title)
Powers and duties of department and county departments
8providing child welfare services.
SB77-SSA1,712,1510
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:
SB77-SSA1,713,317
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.
SB77-SSA1,713,95
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.
SB77-SSA1,713,1612
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:
SB77-SSA1, s. 1606
17Section
1606. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997
18Wisconsin Act .... (this act), is repealed and recreated to read:
SB77-SSA1,713,2519
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:
SB77-SSA1,714,62
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.
SB77-SSA1,714,118
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.
SB77-SSA1,714,2013
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.
SB77-SSA1,714,2422
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.
SB77-SSA1,715,3
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.
SB77-SSA1,715,85
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).
SB77-SSA1,715,1310
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.
SB77-SSA1,715,2216
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.
SB77-SSA1,716,424
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.
SB77-SSA1,716,206
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:
SB77-SSA1,716,2121
a. The petitioner withdraws the petition in writing.
SB77-SSA1,716,2422
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.
SB77-SSA1,717,3
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.
SB77-SSA1,717,134
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: