AB100: Bill Text Engrossed

AB100-engrossed, s. 1589 Section 1589. 48.38 (5) (am) of the statutes is amended to read:

AB100-engrossed,761,25 48.38 (5) (am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under par. (a). If the court in a county having a population of less than 500,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.

AB100-engrossed, s. 1592 Section 1592. 48.428 (2) (a) of the statutes is amended to read:

AB100-engrossed,762,11 48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB100-engrossed, s. 1593 Section 1593. 48.428 (2) (b) of the statutes is amended to read:

AB100-engrossed,762,24 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4., the court shall terminate the guardianship under s. 48.977.

AB100-engrossed, s. 1593t Section 1593t. 48.48 (16m) of the statutes is created to read:

AB100-engrossed,763,7 48.48 (16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 500,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 500,000 or more.

AB100-engrossed, s. 1594 Section 1594. 48.48 (17) of the statutes is created to read:

AB100-engrossed,763,14 48.48 (17) (a) In a county having a population of 500,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:

AB100-engrossed,763,22 1. Investigate the conditions surrounding nonmarital children and children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB100-engrossed,764,3 2. Accept legal custody of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court and if providing special treatment and care is not the responsibility of the county department under s. 46.215, 51.42 or 51.437. A court may not order the department to administer psychotropic medications to children who receive special treatment or care under this subdivision.

AB100-engrossed,764,14 3. Provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB100-engrossed,764,16 4. Provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.

AB100-engrossed,764,19 5. Place children in a county children's home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

AB100-engrossed,764,20 6. Provide services to the court under s. 48.06.

AB100-engrossed,764,22 7. Contract with any parent or guardian or other person for the care and maintenance of any child.

AB100-engrossed,764,23 8. License foster homes or treatment foster homes in accordance with s. 48.75.

AB100-engrossed,764,25 9. Use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.

AB100-engrossed,765,1 10. Administer kinship care as provided in s. 48.57 (3m) and (3p).

AB100-engrossed,765,4 11. Contract with the county department under s. 46.215, 51.42 or 51.437 or with a licensed child welfare agency to provide any of the services that the department is authorized to provide under this chapter.

AB100-engrossed,765,7 (b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children in the county.

AB100-engrossed,765,10 (c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the department may provide funding for the maintenance of any child who meets all of the following criteria:

AB100-engrossed,765,11 1. Is 18 years of age or older.

AB100-engrossed,765,13 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB100-engrossed,765,15 3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior to his or her 18th birthday.

AB100-engrossed,765,17 4. Is living in a foster home, treatment foster home, group home or child caring institution.

AB100-engrossed,765,20 (d) The funding provided for the maintenance of a child under par. (c) shall be in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx), (kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.

AB100-engrossed, s. 1595j Section 1595j. 48.551 (2) (a) of the statutes is amended to read:

AB100-engrossed,765,25 48.551 (2) (a) Training persons who provide counseling to adolescents including school counselors, county employes providing child welfare services under s. 48.56 and family planning clinic employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b).

AB100-engrossed, s. 1595k Section 1595k. 48.551 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,766,6 48.551 (2) (a) Training persons who provide counseling to adolescents including school counselors, county or department employes providing child welfare services under s. 48.56 or 48.561 and employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b).

AB100-engrossed, s. 1596 Section 1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the statutes is amended to read:

AB100-engrossed,766,9 CHAPTER 48

AB100-engrossed,766,11 SUBCHAPTER XII COUNTY CHILD WELFARE SERVICES

AB100-engrossed, s. 1597 Section 1597. 48.56 (title) of the statutes is amended to read:

AB100-engrossed,766,14 48.56 (title) County child Child welfare services in counties having populations of less than 500,000.

AB100-engrossed, s. 1598 Section 1598. 48.56 (1) of the statutes is amended to read:

AB100-engrossed,766,17 48.56 (1) Each county having a population of less than 500,000 shall provide child welfare services through its county department.

AB100-engrossed, s. 1599 Section 1599. 48.561 of the statutes is created to read:

AB100-engrossed,766,21 48.561 Child welfare services in a county having a population of 500,000 or more. (1) Beginning on January 1, 1998, the department shall provide child welfare services in a county having a population of 500,000 or more.

AB100-engrossed,766,25 (2) Beginning on January 1, 1998, the department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB100-engrossed,767,3 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 in state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100-engrossed,767,22 (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will collect the amount specified in par. (a). If the department of administration and a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for deducting all or part of that amount from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the department of administration shall notify the department of revenue, by September 15, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later, of the amount to be deducted from those state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, the department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.

AB100-engrossed, s. 1600d Section 1600d. 48.561 (1), (2) and (3) of the statutes, as created by 1997 Wisconsin Act .... (this act), are amended to read:

AB100-engrossed,768,2 48.561 (1) Beginning on January 1, 1998, the The department shall provide child welfare services in a county having a population of 500,000 or more.

AB100-engrossed,768,6 (2) Beginning on January 1, 1998, the The department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB100-engrossed,768,9 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $62,561,400 in each state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100-engrossed,769,3 (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will collect the amount specified in par. (a). If the department of administration and a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for deducting all or part of that amount from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the department of administration shall notify the department of revenue, by September 15, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later of each year, of the amount to be deducted from those state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15, 1997, or within 30 days after the effective date of this paragraph .... [revisor inserts date], whichever is later of each year, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, the The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.

AB100-engrossed, s. 1601 Section 1601. 48.57 (title) of the statutes is amended to read:

AB100-engrossed,769,6 48.57 (title) Powers and duties of department and county departments providing child welfare services.

AB100-engrossed, s. 1602 Section 1602. 48.57 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,769,13 48.57 (1) (intro.) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations. It or which may be otherwise provided. The department shall have the authority specified in s. 48.48 (17). A county department shall have the authority:

AB100-engrossed, s. 1603 Section 1603. 48.57 (1) (c) of the statutes is amended to read:

AB100-engrossed,770,2 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the department of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education state superintendent of public instruction.

AB100-engrossed, s. 1604 Section 1604. 48.57 (1) (e) of the statutes is amended to read:

AB100-engrossed,770,8 48.57 (1) (e) If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

AB100-engrossed, s. 1605 Section 1605. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100-engrossed,770,15 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o) (3) (cz) and (kc), the department shall reimburse counties for payments made under this subsection. A county department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100-engrossed, s. 1606 Section 1606. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,770,24 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100-engrossed, s. 1607 Section 1607. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB100-engrossed,771,5 48.57 (3m) (am) 1. The kinship care relative applies to the county department or department for payments under this subsection and the county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.

AB100-engrossed, s. 1608 Section 1608. 48.57 (3m) (am) 2. of the statutes is amended to read:

AB100-engrossed,771,10 48.57 (3m) (am) 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB100-engrossed, s. 1609 Section 1609. 48.57 (3m) (am) 4. of the statutes is amended to read:

AB100-engrossed,771,19 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative, the employes and prospective employes of the kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

AB100-engrossed, s. 1610 Section 1610. 48.57 (3m) (am) 5. of the statutes is amended to read:

AB100-engrossed,771,23 48.57 (3m) (am) 5. The kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the kinship care relative may be eligible.

AB100-engrossed, s. 1611 Section 1611. 48.57 (3m) (am) 6. of the statutes is created to read:

AB100-engrossed,772,3 48.57 (3m) (am) 6. The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100-engrossed, s. 1612 Section 1612. 48.57 (3m) (b) 1. of the statutes is amended to read:

AB100-engrossed,772,8 48.57 (3m) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB100-engrossed, s. 1613 Section 1613. 48.57 (3m) (c) of the statutes is amended to read:

AB100-engrossed,772,13 48.57 (3m) (c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB100-engrossed, s. 1614 Section 1614. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100-engrossed,772,22 48.57 (3m) (d) A county department or, in a county having a population of 500,000 or more, the department shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

AB100-engrossed, s. 1614g Section 1614g. 48.57 (3m) (f) of the statutes is created to read:

AB100-engrossed,773,4 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5. or 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB100-engrossed, s. 1614h Section 1614h. 48.57 (3m) (g) of the statutes is created to read:

AB100-engrossed,773,20 48.57 (3m) (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

AB100-engrossed,773,21 a. The petitioner withdraws the petition in writing.

AB100-engrossed,773,24 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

AB100-engrossed,774,3 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

AB100-engrossed,774,13 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB100-engrossed,774,15 a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

AB100-engrossed,774,18 b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.

AB100-engrossed,774,20 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision.

AB100-engrossed, s. 1615 Section 1615. 48.57 (3p) (b) 1. of the statutes is amended to read: