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,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,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,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 (this act), is repealed and recreated to read: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,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,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,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,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,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,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,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,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,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,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.
AB100-engrossed,774,134
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:
AB100-engrossed,774,1514
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.
AB100-engrossed,774,1816
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.
AB100-engrossed,774,2019
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.
AB100-engrossed,774,2522
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.
AB100-engrossed,775,72
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.
AB100-engrossed,775,159
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.
AB100-engrossed,775,2417
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.
AB100-engrossed,776,8
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.
AB100-engrossed,776,2110
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.
AB100-engrossed,777,223
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:
AB100-engrossed,777,185
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.
or payment is approved under par. (h) 4. The
county
14department or department of
workforce development health and family services 15may make payments under sub. (3m) conditioned on the receipt of information from
16the federal bureau of investigation indicating 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.
AB100-engrossed, s. 1622d
19Section 1622d. 48.57 (3p) (fm) 1. of the statutes, as affected by 1997 Wisconsin
20Act .... (this act), is repealed and recreated to read:
AB100-engrossed,778,821
48.57
(3p) (fm) 1. The county department or, in a county having a population
22of 500,000 or more, the department of health and family services may provisionally
23approve the making of payments under sub. (3m) based on the applicant's statement
24under sub. (3m) (am) 4m. The county department or department of health and family
25services may not finally approve the making of payments under sub. (3m) unless the
1county department or department of health and family services receives information
2from the department of justice indicating that the conviction record of the applicant
3under the law of this state is satisfactory according to the criteria specified in par.
4(g) 1. to 3. The county department or department of health and family services may
5make payments under sub. (3m) conditioned on the receipt of information from the
6federal bureau of investigation indicating that the person's conviction record under
7the law of any other state or under federal law is satisfactory according to the criteria
8specified in par. (g) 1. to 3.
AB100-engrossed,779,1510
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
11provisionally employ a person in a position in which that person would have regular
12contact with the child for whom those payments are being made or provisionally
13permit a person to be an adult resident if the person receiving those payments states
14to the county department
or, in a county having a population of 500,000 or more, the
15department of health and family services that the employe or adult resident does not
16have any arrests or convictions that could adversely affect the child or the ability of
17the person receiving payments to care for the child. A person receiving payments
18under sub. (3m) may not finally employ a person in a position in which that person
19would have regular contact with the child for whom those payments are being made
20or finally permit a person to be an adult resident until the county department
or, in
21a county having a population of 500,000 or more, the department of health and family
22services receives information from the department of justice indicating that the
23person's conviction record under the law of this state is satisfactory according to the
24criteria specified in par. (g) 1. to 3. and the county department so advises the
25department
of health and family services and the person receiving payments under
1sub. (3m)
or the department of health and family services so advises that person or
2until a decision is made under par. (h) 4. to permit a person who is receiving payments
3under sub. (3m) to employ a person in a position in which that person would have
4regular contact with the child for whom payments are being made or to permit a
5person to be an adult resident and the county department or, in a county having a
6population of 500,000 or more, the department of health and family services so
7advises the person receiving payments under sub. (3m). A person receiving
8payments under sub. (3m) may finally employ a person in a position in which that
9person would have regular contact with the child for whom those payments are being
10made or finally permit a person to be an adult resident conditioned on the receipt of
11information from the county department
or, in a county having a population of
12500,000 or more, the department of health and family services that the federal
13bureau of investigation indicates that the person's conviction record under the law
14of any other state or under federal law is satisfactory according to the criteria
15specified in par. (g) 1. to 3.
AB100-engrossed, s. 1623d
16Section 1623d. 48.57 (3p) (fm) 2. of the statutes, as affected by 1997 Wisconsin
17Act .... (this act), is repealed and recreated to read:
AB100-engrossed,780,1718
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
19provisionally employ a person in a position in which that person would have regular
20contact with the child for whom those payments are being made or provisionally
21permit a person to be an adult resident if the person receiving those payments states
22to the county department or, in a county having a population of 500,000 or more, the
23department of health and family services that the employe or adult resident does not
24have any arrests or convictions that could adversely affect the child or the ability of
25the person receiving payments to care for the child. A person receiving payments
1under sub. (3m) may not finally employ a person in a position in which that person
2would have regular contact with the child for whom those payments are being made
3or finally permit a person to be an adult resident until the county department or, in
4a county having a population of 500,000 or more, the department of health and family
5services receives information from the department of justice indicating that the
6person's conviction record under the law of this state is satisfactory according to the
7criteria specified in par. (g) 1. to 3. and the county department so advises the
8department of health and family services and the person receiving payments under
9sub. (3m) or the department of health and family services so advises that person. A
10person receiving payments under sub. (3m) may finally employ a person in a position
11in which that person would have regular contact with the child for whom those
12payments are being made or finally permit a person to be an adult resident
13conditioned on the receipt of information from the county department or, in a county
14having a population of 500,000 or more, the department of health and family services
15that the federal bureau of investigation indicates that the person's conviction record
16under the law of any other state or under federal law is satisfactory according to the
17criteria specified in par. (g) 1. to 3.
AB100-engrossed,781,220
48.57
(3p) (g) (intro.)
Subject to
Except as provided in par. (h), the county
21department
or, in a county having a population of 500,000 or more, the department
22of health and family services may not make payments to a person applying for
23payments under sub. (3m) and a person receiving payments under sub. (3m) may not
24employ a person in a position in which that person would have regular contact with
1the child for whom those payments are being made or permit a person to be an adult
2resident if any of the following applies:
AB100-engrossed, s. 1624d
3Section 1624d. 48.57 (3p) (g) (intro.) of the statutes, as affected by 1997
4Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,781,105
48.57
(3p) (g) (intro.) A county department or, in a county having a population
6of 500,000 or more, the department of health and family services may not make
7payments to a person applying for payments under sub. (3m) and a person receiving
8payments under sub. (3m) may not employ a person in a position in which that person
9would have regular contact with the child for whom those payments are being made
10or permit a person to be an adult resident if any of the following applies:
AB100-engrossed,781,1612
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
13in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
14violation of the law of any other state or federal law under circumstances under
15which the
applicant or other person would be subject to a penalty specified in any of
16those sections if convicted in this state.
AB100-engrossed,782,518
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
19948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
20of a violation of the law of any other state or federal law that would be a violation of
21ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
22or 948.70, if committed in this state, except that
the
a county department
or, in a
23county having a population of 500,000 or more, the department of health and family
24services may make payments to a person applying for payments under sub. (3m) and
25a person receiving payments under sub. (3m) may employ in a position in which the
1person would have regular contact with the child for whom those payments are being
2made or permit to be an adult resident a person who has been convicted of a violation
3of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal
4law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state,
5if that violation occurred 20 years or more before the date of the investigation.
AB100-engrossed,782,127
48.57
(3p) (h) 1. A person who is denied payments under sub. (3m) for a reason
8specified in par. (g) 1., 2. or 3. or a person who is prohibited from employing a person
9in a position in which that person would have regular contact with the child for whom
10payments under sub. (3m) are being made from permitting a person to be an adult
11resident for a reason specified in par. (g) 1., 2. or 3. may request that the denial of
12payments or the prohibition on employment or being an adult resident be reviewed.
AB100-engrossed,782,2013
2. The request for review shall be filed with the director of the county
14department or, in a county having a population of 500,000 or more, with the person
15designated by the secretary of health and family services to receive requests for
16review filed under this subdivision. If the governing body of a federally recognized
17American Indian tribe or band has entered into an agreement under sub. (3t) to
18administer the program under this subsection and sub. (3m), the request for review
19shall be filed with the person designated by that governing body to receive requests
20for review filed under this subdivision.
AB100-engrossed,783,721
3. The director of the county department, the person designated by the
22governing body of a federally recognized American Indian tribe or band or, in a
23county having a population of 500,000 or more, the person designated by the
24secretary of health and family services shall review the denial of payments or the
25prohibition on employment or being an adult resident to determine if the conviction
1record on which the denial or prohibition is based includes any arrests, convictions
2or penalties that are likely to adversely affect the child or the ability of the kinship
3care relative to care for the child. In reviewing the denial or prohibition, the director
4of the county department, the person designated by the governing body of the
5federally recognized American Indian tribe or band or the person designated by the
6secretary of health and family services shall consider, but not be limited to, all of the
7following factors:
AB100-engrossed,783,98
a. The length of time between the date of the arrest, conviction or of the
9imposition of the penalty and the date of the review.
AB100-engrossed,783,1110
b. The nature of the violation or penalty and how that violation or penalty
11affects the ability of the kinship care relative to care for the child.
AB100-engrossed,783,1312
c. Whether making an exception to the denial or prohibition would be in the
13best interests of the child.
AB100-engrossed,784,214
4. If the director of the county department, the person designated by the
15governing body of the federally recognized American Indian tribe or band or, in a
16county having a population of 500,000 or more, the person designated by the
17secretary of health and family services determines that the conviction record on
18which the denial of payments or the prohibition on employment or being an adult
19resident is based does not include any arrests, convictions or penalties that are likely
20to adversely affect the child or the ability of the kinship care relative to care for the
21child, the director of the county department, the person designated by the governing
22body of the federally recognized American Indian tribe or band or the person
23designated by the secretary of health and family services may approve the making
24of payments under sub. (3m) or may permit a person receiving payments under sub.
25(3m) to employ a person in a position in which that person would have regular contact
1with the child for whom payments are being made or permit a person to be an adult
2resident.
AB100-engrossed,784,33
5. A decision under this paragraph is not subject to review under ch. 227.
AB100-engrossed,784,95
48.57
(3p) (i)
The A county department
and, in a county having a population
6of 500,000 or more, the department of health and family services shall keep
7confidential all information received under this subsection from the department of
8justice or the federal bureau of investigation. Such information is not subject to
9inspection or copying under s. 19.35.
AB100-engrossed,784,1411
48.57
(3p) (j)
The A county department
or, in a county having a population of
12500,000 or more, the department of health and family services may charge a fee for
13conducting a background investigation under this subsection. The fee may not
14exceed the reasonable cost of conducting the investigation.
AB100-engrossed,784,2216
48.57
(3t) Notwithstanding subs. (3m) and (3p), the department may enter into
17an agreement with the governing body of a federally recognized American Indian
18tribe to allow that governing body to administer the program under subs. (3m) and
19(3p) within the boundaries of that reservation.
Any agreement under this subsection
20shall specify the person with whom a request for review under sub. (3p) (h) 2. may
21be filed and the person who has been designated by the governing body to conduct
22the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.
AB100-engrossed,785,3
148.58
(1) (b) Provide care for children in need of protection or services, and
2delinquent juveniles referred by the county department
under s. 46.215, if the
3delinquent juveniles are placed in separate facilities;
AB100-engrossed,785,185
48.59
(1) The county department
or, in a county having a population of 500,000
6or more, the department or an agency under contract with the department shall
7investigate the personal and family history and environment of any child transferred
8to its legal custody or placed under its supervision under s. 48.345 and make any
9physical or mental examinations of the child considered necessary to determine the
10type of care necessary for the child. The county department
, department or agency 11shall screen a child who is examined under this subsection to determine whether the
12child is in need of special treatment or care because of alcohol or other drug abuse,
13mental illness or severe emotional disturbance. The county department
, department
14or agency shall keep a complete record of the information received from the court, the
15date of reception, all available data on the personal and family history of the child,
16the results of all tests and examinations given the child and a complete history of all
17placements of the child while in the legal custody or under the supervision of the
18county department
, department or agency.
AB100-engrossed,786,420
48.60
(1) No person may receive children, with or without transfer of legal
21custody, to provide care and maintenance for 75 days in any consecutive 12 months'
22period for 4 or more such children at any one time unless that person obtains a license
23to operate a child welfare agency from the department. To obtain a license under this
24subsection to operate a child welfare agency, a person must meet the minimum
25requirements for a license established by the department under s. 48.67 and pay the
1applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this
2subsection is valid
for 2 years after the date of issuance, unless sooner revoked or
3suspended until revoked or suspended, but shall be reviewed every 2 years as
4provided in s. 48.66 (5).
AB100-engrossed, s. 1631d
5Section 1631d. 48.60 (1) of the statutes, as affected by 1997 Wisconsin Act ....
6(this act), is repealed and recreated to read: