AB100-engrossed,760,2221 48.36 (3) In determining county or departmental liability, this section does not
22apply to services specified in ch. 115.
AB100-engrossed, s. 1587 23Section 1587. 48.365 (2g) (a) of the statutes is amended to read:
AB100-engrossed,761,324 48.365 (2g) (a) At the hearing the person or agency primarily responsible for
25providing services to the child shall file with the court a written report stating to

1what extent the dispositional order has been meeting the objectives of the plan for
2the child's rehabilitation or care and treatment. The juvenile offender review
3program may file a written report regarding any child examined by the program.
AB100-engrossed, s. 1588 4Section 1588. 48.366 (8) of the statutes is amended to read:
AB100-engrossed,761,165 48.366 (8) Transfer to or between facilities. The department of corrections
6may transfer a person subject to an order between secured correctional facilities.
7After the person attains the age of 17 years, the department of corrections may place
8the person in a state prison named in s. 302.01. If the person is 15 years of age or
9over, the department of corrections may transfer the person to the Racine youthful
10offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).
If
11the department of corrections places a person subject to an order under this section
12in a state prison, that department shall provide services for that person from the
13appropriate appropriation under s. 20.410 (1). The department of corrections may
14transfer a person placed in a state prison under this subsection to or between state
15prisons named in s. 302.01 without petitioning for revision of the order under sub.
16(5) (a).
AB100-engrossed, s. 1589 17Section 1589. 48.38 (5) (am) of the statutes is amended to read:
AB100-engrossed,761,2518 48.38 (5) (am) The court may appoint an independent agency to designate a
19panel to conduct a permanency plan review under par. (a). If the court in a county
20having a population of less than 500,000
appoints an independent agency under this
21paragraph, the county department of the county of the court shall authorize and
22contract for the purchase of services from the independent agency. If the court in a
23county having a population of 500,000 or more appoints an independent agency
24under this paragraph, the department shall authorize and contract for the purchase
25of services from the independent agency.
AB100-engrossed, s. 1592
1Section 1592. 48.428 (2) (a) of the statutes is amended to read:
AB100-engrossed,762,112 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
3sustaining care after an order under s. 48.427 (4), the court shall transfer legal
4custody of the child to the county department, the department, in a county having
5a population of 500,000 or more,
or a licensed child welfare agency, transfer
6guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place
7the child in the home of a licensed foster parent, licensed treatment foster parent or
8kinship care relative with whom the child has resided for 6 months or longer.
9Pursuant to such a placement, this licensed foster parent, licensed treatment foster
10parent or kinship care relative shall be a sustaining parent with the powers and
11duties specified in sub. (3).
AB100-engrossed, s. 1593 12Section 1593. 48.428 (2) (b) of the statutes is amended to read:
AB100-engrossed,762,2413 48.428 (2) (b) When a court places a child in sustaining care after an order
14under s. 48.427 (4) with a person who has been appointed as the guardian of the child
15under s. 48.977 (2), the court may transfer legal custody of the child to the county
16department, the department, in a county having a population of 500,000 or more, or
17a licensed child welfare agency, transfer guardianship of the child to an agency listed
18in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent
19or, licensed treatment foster parent or kinship care relative with whom the child has
20resided for 6 months or longer. Pursuant to such a placement, that licensed foster
21parent or, licensed treatment foster parent or kinship care relative shall be a
22sustaining parent with the powers and duties specified in sub. (3). If the court
23transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.,
24the court shall terminate the guardianship under s. 48.977.
AB100-engrossed, s. 1593t 25Section 1593t. 48.48 (16m) of the statutes is created to read:
AB100-engrossed,763,7
148.48 (16m) To employ under the unclassified service in an office of the
2department that is located in a 1st class city a director of the office of urban
3development who shall be appointed by the secretary to serve at the pleasure of the
4secretary and who shall coordinate the provision of child welfare services in a county
5having a population of 500,000 or more with the implementation of the Wisconsin
6works program under ss. 49.141 to 49.161 in a county having a population of 500,000
7or more.
AB100-engrossed, s. 1594 8Section 1594. 48.48 (17) of the statutes is created to read:
AB100-engrossed,763,149 48.48 (17) (a) In a county having a population of 500,000 or more, to administer
10child welfare services and to expend such amounts as may be necessary out of any
11moneys which may be appropriated for child welfare services by the legislature,
12which may be donated by individuals or private organizations or which may be
13otherwise provided. The department shall also have authority to do all of the
14following:
AB100-engrossed,763,2215 1. Investigate the conditions surrounding nonmarital children and children in
16need of protection or services within the county and to take every reasonable action
17within its power to secure for them the full benefit of all laws enacted for their benefit.
18Unless provided by another agency, the department shall offer social services to the
19caretaker of any child who is referred to it under the conditions specified in this
20subdivision. This duty shall be discharged in cooperation with the court and with
21the public officers or boards legally responsible for the administration and
22enforcement of these laws.
AB100-engrossed,764,323 2. Accept legal custody of children transferred to it by the court under s. 48.355
24and to provide special treatment and care if ordered by the court and if providing
25special treatment and care is not the responsibility of the county department under

1s. 46.215, 51.42 or 51.437. A court may not order the department to administer
2psychotropic medications to children who receive special treatment or care under
3this subdivision.
AB100-engrossed,764,144 3. Provide appropriate protection and services for children in its care, including
5providing services for children and their families in their own homes, placing the
6children in licensed foster homes, licensed treatment foster homes or licensed group
7homes in this state or another state within a reasonable proximity to the agency with
8legal custody or contracting for services for them by licensed child welfare agencies,
9except that the department may not purchase the educational component of private
10day treatment programs unless the department, the school board as defined in s.
11115.001 (7) and the state superintendent of public instruction all determine that an
12appropriate public education program is not available. Disputes between the
13department and the school district shall be resolved by the state superintendent of
14public instruction.
AB100-engrossed,764,1615 4. Provide for the moral and religious training of children in its care according
16to the religious belief of the child or of his or her parents.
AB100-engrossed,764,1917 5. Place children in a county children's home in the county, to accept
18guardianship of children when appointed by the court and to place children under
19its guardianship for adoption.
AB100-engrossed,764,2020 6. Provide services to the court under s. 48.06.
AB100-engrossed,764,2221 7. Contract with any parent or guardian or other person for the care and
22maintenance of any child.
AB100-engrossed,764,2323 8. License foster homes or treatment foster homes in accordance with s. 48.75.
AB100-engrossed,764,2524 9. Use in the media a picture or description of a child in its guardianship for
25the purpose of finding adoptive parents for that child.
AB100-engrossed,765,1
110. Administer kinship care as provided in s. 48.57 (3m) and (3p).
AB100-engrossed,765,42 11. Contract with the county department under s. 46.215, 51.42 or 51.437 or
3with a licensed child welfare agency to provide any of the services that the
4department is authorized to provide under this chapter.
AB100-engrossed,765,75 (b) In performing the functions specified in par. (a), the department may avail
6itself of the cooperation of any individual or private agency or organization interested
7in the social welfare of children in the county.
AB100-engrossed,765,108 (c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the
9department may provide funding for the maintenance of any child who meets all of
10the following criteria:
AB100-engrossed,765,1111 1. Is 18 years of age or older.
AB100-engrossed,765,1312 2. Is enrolled in and regularly attending a secondary education classroom
13program leading to a high school diploma.
AB100-engrossed,765,1514 3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior
15to his or her 18th birthday.
AB100-engrossed,765,1716 4. Is living in a foster home, treatment foster home, group home or child caring
17institution.
AB100-engrossed,765,2018 (d) The funding provided for the maintenance of a child under par. (c) shall be
19in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx),
20(kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.
AB100-engrossed, s. 1595j 21Section 1595j. 48.551 (2) (a) of the statutes is amended to read:
AB100-engrossed,765,2522 48.551 (2) (a) Training persons who provide counseling to adolescents
23including school counselors, county employes providing child welfare services under
24s. 48.56 and family planning clinic employes of a clinic providing family planning
25services, as defined in s. 253.07 (1) (b)
.
AB100-engrossed, s. 1595k
1Section 1595k. 48.551 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB100-engrossed,766,63 48.551 (2) (a) Training persons who provide counseling to adolescents
4including school counselors, county or department employes providing child welfare
5services under s. 48.56 or 48.561 and employes of a clinic providing family planning
6services, as defined in s. 253.07 (1) (b).
AB100-engrossed, s. 1596 7Section 1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the
8statutes is amended to read:
AB100-engrossed,766,1110 SUBCHAPTER XII
11COUNTY CHILD WELFARE SERVICES
AB100-engrossed, s. 1597 12Section 1597. 48.56 (title) of the statutes is amended to read:
AB100-engrossed,766,14 1348.56 (title) County child Child welfare services in counties having
14populations of less than 500,000
.
AB100-engrossed, s. 1598 15Section 1598. 48.56 (1) of the statutes is amended to read:
AB100-engrossed,766,1716 48.56 (1) Each county having a population of less than 500,000 shall provide
17child welfare services through its county department.
AB100-engrossed, s. 1599 18Section 1599. 48.561 of the statutes is created to read:
AB100-engrossed,766,21 1948.561 Child welfare services in a county having a population of
20500,000 or more. (1)
Beginning on January 1, 1998, the department shall provide
21child welfare services in a county having a population of 500,000 or more.
AB100-engrossed,766,25 22(2) Beginning on January 1, 1998, the department shall employ personnel in
23a county having a population of 500,000 or more who devote all of their time directly
24or indirectly to child welfare services. Whenever possible, these personnel shall be
25social workers certified under ch. 457.
AB100-engrossed,767,3
1(3) (a) A county having a population of 500,000 or more shall contribute
2$31,280,700 in state fiscal year 1997-98 for the provision of child welfare services in
3that county by the department.
AB100-engrossed,767,224 (b) The department of administration and a county having a population of
5500,000 or more shall consult to determine the method by which the state will collect
6the amount specified in par. (a). If the department of administration and a county
7having a population of 500,000 or more reach an agreement as to that method and
8if that agreement calls for deducting all or part of that amount from any state
9payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding
10a special charge to the amount of taxes apportioned to and levied on that county
11under s. 70.60, the department of administration shall notify the department of
12revenue, by September 15, 1997, or within 30 days after the effective date of this
13paragraph .... [revisor inserts date], whichever is later, of the amount to be deducted
14from those state payments due or to be added as that special charge. If the
15department of administration and a county having a population of 500,000 or more
16do not reach an agreement as to that method by September 15, 1997, or within 30
17days after the effective date of this paragraph .... [revisor inserts date], whichever is
18later, the department of administration shall determine that method without the
19agreement of that county. On or after January 1, 1998, the department of
20administration shall credit all amounts collected under this paragraph to the
21appropriation account under s. 20.435 (3) (kw) and shall notify the county from which
22those amounts are collected of that collection.
AB100-engrossed, s. 1600d 23Section 1600d. 48.561 (1), (2) and (3) of the statutes, as created by 1997
24Wisconsin Act .... (this act), are amended to read:
AB100-engrossed,768,2
148.561 (1) Beginning on January 1, 1998, the The department shall provide
2child welfare services in a county having a population of 500,000 or more.
AB100-engrossed,768,6 3(2) Beginning on January 1, 1998, the The department shall employ personnel
4in a county having a population of 500,000 or more who devote all of their time
5directly or indirectly to child welfare services. Whenever possible, these personnel
6shall be social workers certified under ch. 457.
AB100-engrossed,768,9 7(3) (a) A county having a population of 500,000 or more shall contribute
8$31,280,700 $62,561,400 in each state fiscal year 1997-98 for the provision of child
9welfare services in that county by the department.
AB100-engrossed,769,310 (b) The department of administration and a county having a population of
11500,000 or more shall consult to determine the method by which the state will collect
12the amount specified in par. (a). If the department of administration and a county
13having a population of 500,000 or more reach an agreement as to that method and
14if that agreement calls for deducting all or part of that amount from any state
15payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding
16a special charge to the amount of taxes apportioned to and levied on that county
17under s. 70.60, the department of administration shall notify the department of
18revenue, by September 15, 1997, or within 30 days after the effective date of this
19paragraph .... [revisor inserts date], whichever is later
of each year, of the amount to
20be deducted from those state payments due or to be added as that special charge. If
21the department of administration and a county having a population of 500,000 or
22more do not reach an agreement as to that method by September 15, 1997, or within
2330 days after the effective date of this paragraph .... [revisor inserts date], whichever
24is later
of each year, the department of administration shall determine that method
25without the agreement of that county. On or after January 1, 1998, the The

1department of administration shall credit all amounts collected under this
2paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the
3county from which those amounts are collected of that collection.
AB100-engrossed, s. 1601 4Section 1601. 48.57 (title) of the statutes is amended to read:
AB100-engrossed,769,6 548.57 (title) Powers and duties of department and county departments
6providing child welfare services.
AB100-engrossed, s. 1602 7Section 1602. 48.57 (1) (intro.) of the statutes is amended to read:
AB100-engrossed,769,138 48.57 (1) (intro.) Each county department shall administer and expend such
9amounts as may be necessary out of any moneys which may be appropriated for child
10welfare purposes by the county board of supervisors or by the legislature, which may
11be
donated by individuals or private organizations. It or which may be otherwise
12provided. The department shall have the authority specified in s. 48.48 (17). A
13county department
shall have the authority:
AB100-engrossed, s. 1603 14Section 1603. 48.57 (1) (c) of the statutes is amended to read:
AB100-engrossed,770,215 48.57 (1) (c) To provide appropriate protection and services for children in its
16care, including providing services for children and their families in their own homes,
17placing the children in licensed foster homes, licensed treatment foster homes or
18licensed group homes in this state or another state within a reasonable proximity to
19the agency with legal custody or contracting for services for them by licensed child
20welfare agencies, except that the county department shall not purchase the
21educational component of private day treatment programs unless the county
22department, the school board as defined in s. 115.001 (7) and the department of
23education
state superintendent of public instruction all determine that an
24appropriate public education program is not available. Disputes between the county

1department and the school district shall be resolved by the department of education
2state superintendent of public instruction.
AB100-engrossed, s. 1604 3Section 1604. 48.57 (1) (e) of the statutes is amended to read:
AB100-engrossed,770,84 48.57 (1) (e) If a county department in a county with a population of 500,000
5or more and if contracted to do so by the department, to place children in a county
6children's home in the county under policies adopted by the county board of
7supervisors, to accept guardianship of children when appointed by the court and to
8place children under its guardianship for adoption.
AB100-engrossed, s. 1605 9Section 1605. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1995
10Wisconsin Act 289
, section 70g, is amended to read:
AB100-engrossed,770,1511 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o)
12(3) (cz) and (kc), the department shall reimburse counties for payments made under
13this subsection. A county department shall make payments in the amount of $215
14per month to a kinship care relative who is providing care and maintenance for a
15child if all of the following conditions are met:
AB100-engrossed, s. 1606 16Section 1606. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997
17Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,770,2418 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and
19(kc), the department shall reimburse counties having populations of less than
20500,000 for payments made under this subsection and shall make payments under
21this subsection in a county having a population of 500,000 or more. A county
22department and, in a county having a population of 500,000 or more, the department
23shall make payments in the amount of $215 per month to a kinship care relative who
24is providing care and maintenance for a child if all of the following conditions are met:
AB100-engrossed, s. 1607 25Section 1607. 48.57 (3m) (am) 1. of the statutes is amended to read:
AB100-engrossed,771,5
148.57 (3m) (am) 1. The kinship care relative applies to the county department
2or department for payments under this subsection and the county department or
3department
determines that there is a need for the child to be placed with the kinship
4care relative and that the placement with the kinship care relative is in the best
5interests of the child.
AB100-engrossed, s. 1608 6Section 1608. 48.57 (3m) (am) 2. of the statutes is amended to read:
AB100-engrossed,771,107 48.57 (3m) (am) 2. The county department or department determines that the
8child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child
9would be at risk of meeting one or more of those criteria if the child were to remain
10in his or her home.
AB100-engrossed, s. 1609 11Section 1609. 48.57 (3m) (am) 4. of the statutes is amended to read:
AB100-engrossed,771,1912 48.57 (3m) (am) 4. The county department or department conducts a
13background investigation under sub. (3p) of the kinship care relative, the employes
14and prospective employes of the kinship care relative who have or would have
15regular contact with the child for whom the payments would be made and any other
16adult resident of the kinship care relative's home to determine if the kinship care
17relative, employe, prospective employe or adult resident has any arrests or
18convictions that could adversely affect the child or the kinship care relative's ability
19to care for the child.
AB100-engrossed, s. 1610 20Section 1610. 48.57 (3m) (am) 5. of the statutes is amended to read:
AB100-engrossed,771,2321 48.57 (3m) (am) 5. The kinship care relative cooperates with the county
22department or department in the application process, including applying for other
23forms of assistance for which the kinship care relative may be eligible.
AB100-engrossed, s. 1611 24Section 1611. 48.57 (3m) (am) 6. of the statutes is created to read:
AB100-engrossed,772,3
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-engrossed, s. 1612 4Section 1612. 48.57 (3m) (b) 1. of the statutes is amended to read:
AB100-engrossed,772,85 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-engrossed, s. 1613 9Section 1613. 48.57 (3m) (c) of the statutes is amended to read:
AB100-engrossed,772,1310 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-engrossed, s. 1614 14Section 1614. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act
15289
, section 70g, is amended to read:
AB100-engrossed,772,2216 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-engrossed, s. 1614g 23Section 1614g. 48.57 (3m) (f) of the statutes is created to read:
AB100-engrossed,773,424 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-engrossed, s. 1614h 5Section 1614h. 48.57 (3m) (g) of the statutes is created to read:
AB100-engrossed,773,206 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-engrossed,773,2121 a. The petitioner withdraws the petition in writing.
AB100-engrossed,773,2422 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-engrossed,774,3
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.
Loading...
Loading...