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:
SB77-SSA1,717,1514
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.
SB77-SSA1,717,1816
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.
SB77-SSA1,717,2019
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.
SB77-SSA1,717,2522
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.
SB77-SSA1,718,72
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.
SB77-SSA1,718,159
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.
SB77-SSA1,718,2417
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.
SB77-SSA1,719,8
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.
SB77-SSA1,719,2110
48.57
(3p) (d) If the person being investigated under par. (b) or (c) is a
11nonresident, or at any time within the 5 years preceding the date of the application
12has been a nonresident, or if the county department
or, in a county having a
13population of 500,000 or more, the department of health and family services 14determines that the person's employment, licensing or state court records provide a
15reasonable basis for further investigation, the county department
or department of
16health and family services shall require the person to be photographed and
17fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
18fingerprints. The department of justice may provide for the submission of the
19fingerprint cards to the federal bureau of investigation for the purposes of verifying
20the identity of the person fingerprinted and obtaining records of his or her criminal
21arrest and conviction.
SB77-SSA1, s. 1621
22Section
1621. 48.57 (3p) (e) (intro.) of the statutes is amended to read:
SB77-SSA1,720,223
48.57
(3p) (e) (intro.) Upon request, a person being investigated under par. (b)
24or (c) shall provide the county department
or, in a county having a population of
1500,000 or more, the department of health and family services with all of the
2following information:
SB77-SSA1,720,175
48.57
(3p) (fm) 1. The county department
or, in a county having a population
6of 500,000 or more, the department of health and family services may provisionally
7approve the making of payments under sub. (3m) based on the applicant's statement
8under sub. (3m) (am) 4m. The county department
or department of health and family
9services may not finally approve the making of payments under sub. (3m) unless
that 10the county department
or department of health and family services receives
11information from the department of justice indicating that the conviction record of
12the applicant under the law of this state is satisfactory according to the criteria
13specified in par. (g) 1. to 3. The
county department or department of
workforce
14development health and family services may make payments under sub. (3m)
15conditioned on the receipt of information from the federal bureau of investigation
16indicating that the person's conviction record under the law of any other state or
17under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
SB77-SSA1,721,1819
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
20provisionally employ a person in a position in which that person would have regular
21contact with the child for whom those payments are being made or provisionally
22permit a person to be an adult resident if the person receiving those payments states
23to the county department
or, in a county having a population of 500,000 or more, the
24department of health and family services that the employe or adult resident does not
25have any arrests or convictions that could adversely affect the child or the ability of
1the person receiving payments to care for the child. A person receiving payments
2under sub. (3m) may not finally employ a person in a position in which that person
3would have regular contact with the child for whom those payments are being made
4or finally permit a person to be an adult resident until the county department
or, in
5a county having a population of 500,000 or more, the department of health and family
6services receives information from the department of justice indicating that the
7person's conviction record under the law of this state is satisfactory according to the
8criteria specified in par. (g) 1. to 3. and the county department so advises the
9department
of health and family services and the person receiving payments under
10sub. (3m)
or the department of health and family services so advises that person. A
11person receiving payments under sub. (3m) may finally employ a person in a position
12in which that person would have regular contact with the child for whom those
13payments are being made or finally permit a person to be an adult resident
14conditioned on the receipt of information from the county department
or, in a county
15having a population of 500,000 or more, the department of health and family services 16that the federal bureau of investigation indicates that the person's conviction record
17under the law of any other state or under federal law is satisfactory according to the
18criteria specified in par. (g) 1. to 3.
SB77-SSA1,722,221
48.57
(3p) (g) (intro.)
Subject to par. (h), the A county department
or, in a county
22having a population of 500,000 or more, the department of health and family services 23may not make payments to a person applying for payments under sub. (3m) and a
24person receiving payments under sub. (3m) may not employ a person in a position
25in which that person would have regular contact with the child for whom those
1payments are being made or permit a person to be an adult resident if any of the
2following applies:
SB77-SSA1,722,84
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
5in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
6violation of the law of any other state or federal law under circumstances under
7which the
applicant or other person would be subject to a penalty specified in any of
8those sections if convicted in this state.
SB77-SSA1,722,2210
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
11948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
12of a violation of the law of any other state or federal law that would be a violation of
13ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
14or 948.70, if committed in this state, except that
the
a county department
or, in a
15county having a population of 500,000 or more, the department of health and family
16services may make payments to a person applying for payments under sub. (3m) and
17a person receiving payments under sub. (3m) may employ in a position in which the
18person would have regular contact with the child for whom those payments are being
19made or permit to be an adult resident a person who has been convicted of a violation
20of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal
21law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state,
22if that violation occurred 20 years or more before the date of the investigation.
SB77-SSA1,723,324
48.57
(3p) (i)
The A county department
and, in a county having a population
25of 500,000 or more, the department of health and family services shall keep
1confidential all information received under this subsection from the department of
2justice or the federal bureau of investigation. Such information is not subject to
3inspection or copying under s. 19.35.
SB77-SSA1,723,85
48.57
(3p) (j)
The A county department
or, in a county having a population of
6500,000 or more, the department of health and family services may charge a fee for
7conducting a background investigation under this subsection. The fee may not
8exceed the reasonable cost of conducting the investigation.