AB100,712,1914
48.275
(2) (d) 2. In a county having a population of 500,000 or more,
15reimbursement payments shall be made to the clerk of courts of the county where the
16proceedings took place. Each payment shall be transmitted to the state treasurer,
17who shall deposit the amount paid in the general fund and credit 25% of the amount
18paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the
19appropriation account under s. 20.550 (1) (L).
AB100, s. 1570
20Section
1570. 48.295 (1) of the statutes is amended to read:
AB100,713,1421
48.295
(1) After the filing of a petition and upon a finding by the court that
22reasonable cause exists to warrant an examination or an alcohol and other drug
23abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
24may order any child coming within its jurisdiction to be examined as an outpatient
25by personnel in an approved treatment facility for alcohol and other drug abuse, by
1a physician, psychiatrist or licensed psychologist, or by another expert appointed by
2the court holding at least a master's degree in social work or another related field of
3child development, in order that the child's physical, psychological, alcohol or other
4drug dependency, mental or developmental condition may be considered. The court
5may also order an examination or an alcohol and other drug abuse assessment that
6conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
7custodian whose ability to care for a child is at issue before the court. The court shall
8hear any objections by the child, the child's parents, guardian or legal custodian to
9the request for such an examination or assessment before ordering the examination
10or assessment. The expenses of an examination, if approved by the court, shall be
11paid by the county of the court ordering the examination
in a county having a
12population of less than 500,000 or by the department in a county having a population
13of 500,000 or more. The payment for an alcohol and other drug abuse assessment
14shall be in accordance with s. 48.361.
AB100, s. 1571
15Section
1571. 48.33 (4) (b) of the statutes is amended to read:
AB100,713,1816
48.33
(4) (b) A recommendation for an amount of child support to be paid by
17either or both of the child's parents or for referral to the county
designee child support
18agency under s. 59.53 (5) for the establishment of child support.
AB100, s. 1572
19Section
1572. 48.345 (4) (b) of the statutes is amended to read:
AB100,713,2120
48.345
(4) (b)
A The county department
in a county having a population of less
21than 500,000.
AB100, s. 1573
22Section
1573. 48.345 (4) (bm) of the statutes is created to read:
AB100,713,2423
48.345
(4) (bm) The department in a county having a population of 500,000 or
24more.
AB100, s. 1574
25Section
1574. 48.345 (11) of the statutes is repealed.
AB100, s. 1575
1Section
1575. 48.345 (12) (b) of the statutes is amended to read:
AB100,714,62
48.345
(12) (b) The judge shall order the school board to disclose the child's
3pupil records, as defined under s. 118.125 (1) (d), to the county department
,
4department, in a county having a population of 500,000 or more, or licensed child
5welfare agency responsible for supervising the child, as necessary to determine the
6child's compliance with the order under par. (a).
AB100, s. 1576
7Section
1576. 48.345 (12) (c) of the statutes is amended to read:
AB100,714,138
48.345
(12) (c) The judge shall order the county department
, department, in
9a county having a population of 500,000 or more, or licensed child welfare agency
10responsible for supervising the child to disclose to the school board, technical college
11district board or private, nonprofit, nonsectarian agency which is providing an
12educational program under par. (a) 3. records or information about the child, as
13necessary to assure the provision of appropriate educational services under par. (a).
AB100, s. 1577
14Section
1577. 48.345 (13) (a) of the statutes is amended to read:
AB100,715,215
48.345
(13) (a) If the report prepared under s. 48.33 (1) recommends that the
16child is in need of treatment for the use or abuse of alcohol beverages, controlled
17substances or controlled substance analogs and its medical, personal, family or social
18effects, the court may order the child to enter an outpatient alcohol and other drug
19abuse treatment program at an approved treatment facility. The approved
20treatment facility shall, under the terms of a service agreement between the
county
21and the approved treatment facility
and the county in a county having a population
22of less than 500,000 or the department in a county having a population of 500,000
23or more, or with the written informed consent of the child or the child's parent if the
24child has not attained the age of 12, report to the agency primarily responsible for
1providing services to the child as to whether the child is cooperating with the
2treatment and whether the treatment appears to be effective.
AB100, s. 1578
3Section
1578. 48.345 (13) (b) of the statutes is amended to read:
AB100,715,144
48.345
(13) (b) If the report prepared under s. 48.33 (1) recommends that the
5child is in need of education relating to the use of alcohol beverages, controlled
6substances or controlled substance analogs, the court may order the child to
7participate in an alcohol or other drug abuse education program approved by the
8court. The person or agency that provides the education program shall, under the
9terms of a service agreement between the
county and the education program
and the
10county in a county having a population of less than 500,000 or the department in a
11county having a population of 500,000 or more, or with the written informed consent
12of the child or the child's parent if the child has not attained the age of 12, report to
13the agency primarily responsible for providing services to the child about the child's
14attendance at the program.
AB100, s. 1579
15Section
1579. 48.355 (2) (b) 4. of the statutes is amended to read:
AB100,715,2016
48.355
(2) (b) 4. If the child is placed outside the child's home, a designation of
17the amount of support, if any, to be paid by the child's parent, guardian or trustee,
18specifying that the support obligation begins on the date of the placement, or a
19referral to the county
designee child support agency under s. 59.53 (5) for
20establishment of child support.
AB100, s. 1580
21Section
1580. 48.355 (2) (b) 6. of the statutes is amended to read:
AB100,716,522
48.355
(2) (b) 6. If the child is placed outside the home,
the court's a finding that
23continued placement of the child in his or her home would be contrary to the welfare
24of the child and a finding as to whether
a the county department
which provides
25social services, the department, in a county having a population of 500,000 or more,
1or the agency primarily responsible for the provision of services under a court order
2has made reasonable efforts to prevent the removal of the child from the home or, if
3applicable, that the agency primarily responsible for the provision of services under
4a court order has made reasonable efforts to make it possible for the child to return
5to his or her home.
AB100, s. 1581
6Section
1581. 48.355 (2) (c) of the statutes is amended to read:
AB100,716,127
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district in which the child is enrolled to notify the
10county department that is responsible for supervising the child
or, in a county having
11a population of 500,000 or more, the department within 5 days after any violation of
12the condition by the child.
AB100, s. 1582
13Section
1582. 48.355 (2c) (a) (intro.) of the statutes is amended to read:
AB100,716,1914
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
15whether
a the county department
which provides social services, the department, in
16a county having a population of 500,000 or more, or the agency primarily responsible
17for providing services to the child under a court order has made reasonable efforts
18to prevent the removal of the child from his or her home, the court's consideration of
19reasonable efforts shall include, but not be limited to, whether:
AB100, s. 1583
20Section
1583. 48.36 (1) (a) of the statutes is amended to read:
AB100,717,821
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
22court otherwise designates an alternative placement for the child by a disposition
23made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
24parent or guardian or, in the case of a transfer of guardianship and custody under
25s. 48.839 (4), the duty of the former guardian to provide support shall continue even
1though the legal custodian or the placement designee may provide the support. A
2copy of the order transferring custody or designating alternative placement for the
3child shall be submitted to the agency or person receiving custody or placement and
4the agency or person may apply to the court for an order to compel the parent or
5guardian to provide the support. Support payments for residential services, when
6purchased or otherwise funded or provided by the department or a county
7department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
8s. 46.10 (14).
AB100, s. 1584
9Section
1584. 48.36 (1) (b) of the statutes is amended to read:
AB100,717,1910
48.36
(1) (b) In determining the amount of support under par. (a), the court may
11consider all relevant financial information or other information relevant to the
12parent's earning capacity, including information reported
under s. 49.22 (2m) to the
13department of industry, labor and job development
, or the county child
and spousal 14support agency
, under s.
49.22 (2m)
59.53 (5). If the court has insufficient
15information with which to determine the amount of support, the court shall order the
16child's parent to furnish a statement of income, assets, debts and living expenses, if
17the parent has not already done so, to the court within 10 days after the court's order
18transferring custody or designating an alternative placement is entered or at such
19other time as ordered by the court.
AB100, s. 1585
20Section
1585. 48.36 (2) of the statutes is amended to read:
AB100,718,321
48.36
(2) If a child whose legal custody has not been taken from a parent or
22guardian is given educational and social services, or medical, psychological or
23psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
24shall be a charge upon the county
in a county having a population of less than 500,000
25or the department in a county having a population of 500,000 or more. This section
1does not prevent recovery of reasonable contribution toward the costs from the
2parent or guardian of the child as the court may order based on the ability of the
3parent or guardian to pay. This subsection shall be subject to s. 46.03 (18).
AB100, s. 1586
4Section
1586. 48.36 (3) of the statutes is amended to read:
AB100,718,65
48.36
(3) In determining county
or departmental liability, this section does not
6apply to services specified in ch. 115.
AB100, s. 1587
7Section
1587. 48.365 (2g) (a) of the statutes is amended to read:
AB100,718,128
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
9providing services to the child shall file with the court a written report stating to
10what extent the dispositional order has been meeting the objectives of the plan for
11the child's rehabilitation or care and treatment.
The juvenile offender review
12program may file a written report regarding any child examined by the program.
AB100, s. 1588
13Section
1588. 48.366 (8) of the statutes is amended to read:
AB100,718,2514
48.366
(8) Transfer to or between facilities. The department of corrections
15may transfer a person subject to an order between secured correctional facilities.
16After the person attains the age of 17 years, the department of corrections may place
17the person in a state prison named in s. 302.01.
If the person is 15 years of age or
18over, the department of corrections may transfer the person to the Racine youthful
19offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If
20the department of corrections places a person subject to an order under this section
21in a state prison, that department shall provide services for that person from the
22appropriate appropriation under s. 20.410 (1). The department of corrections may
23transfer a person placed in a state prison under this subsection to or between state
24prisons named in s. 302.01 without petitioning for revision of the order under sub.
25(5) (a).
AB100, s. 1589
1Section
1589. 48.38 (5) (am) of the statutes is amended to read:
AB100,719,92
48.38
(5) (am) The court may appoint an independent agency to designate a
3panel to conduct a permanency plan review under par. (a). If the court
in a county
4having a population of less than 500,000 appoints an independent agency under this
5paragraph, the county department of the county of the court shall authorize and
6contract for the purchase of services from the independent agency.
If the court in a
7county having a population of 500,000 or more appoints an independent agency
8under this paragraph, the department shall authorize and contract for the purchase
9of services from the independent agency.
AB100, s. 1590
10Section
1590. 48.396 (2) (dm) of the statutes is amended to read:
AB100,719,2111
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
12affecting the family, an attorney responsible for support enforcement under s.
59.458
13(1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the
14party's attorney or the guardian ad litem for the child who is the subject of that
15proceeding to review or be provided with information from the records of the court
16assigned to exercise jurisdiction under this chapter and ch. 938 relating to the
17paternity of a child for the purpose of determining the paternity of the child or for the
18purpose of rebutting the presumption of paternity under s. 891.405 or 891.41
(1), the
19court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
20inspection by the requester its records relating to the paternity of the child or disclose
21to the requester those records.
AB100, s. 1591
22Section
1591. 48.42 (4) (b) 2. of the statutes is amended to read:
AB100,720,223
48.42
(4) (b) 2. If the child is a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.60 and paternity has not been
1adjudicated
or acknowledged, the court may, as provided in s. 48.422 (6) (b), order
2publication of a notice under subd. 4.
AB100, s. 1592
3Section
1592. 48.428 (2) (a) of the statutes is amended to read:
AB100,720,134
48.428
(2) (a) Except as provided in par. (b), when a court places a child in
5sustaining care after an order under s. 48.427 (4), the court shall transfer legal
6custody of the child to the county department
, the department, in a county having
7a population of 500,000 or more, or a licensed child welfare agency, transfer
8guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place
9the child in the home of a licensed foster parent, licensed treatment foster parent or
10kinship care relative with whom the child has resided for 6 months or longer.
11Pursuant to such a placement, this licensed foster parent, licensed treatment foster
12parent or kinship care relative shall be a sustaining parent with the powers and
13duties specified in sub. (3).
AB100, s. 1593
14Section
1593. 48.428 (2) (b) of the statutes is amended to read:
AB100,721,215
48.428
(2) (b) When a court places a child in sustaining care after an order
16under s. 48.427 (4) with a person who has been appointed as the guardian of the child
17under s. 48.977 (2), the court may transfer legal custody of the child to the county
18department
, the department, in a county having a population of 500,000 or more, or
19a licensed child welfare agency, transfer guardianship of the child to an agency listed
20in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent
21or, licensed treatment foster parent
or kinship care relative with whom the child has
22resided for 6 months or longer. Pursuant to such a placement, that licensed foster
23parent
or, licensed treatment foster parent
or kinship care relative shall be a
24sustaining parent with the powers and duties specified in sub. (3). If the court
1transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.,
2the court shall terminate the guardianship under s. 48.977.
AB100, s. 1594
3Section
1594. 48.48 (17) of the statutes is created to read:
AB100,721,94
48.48
(17) (a) In a county having a population of 500,000 or more, to administer
5child welfare services and to expend such amounts as may be necessary out of any
6moneys which may be appropriated for child welfare services by the legislature,
7which may be donated by individuals or private organizations or which may be
8otherwise provided. The department shall also have authority to do all of the
9following:
AB100,721,1710
1. Investigate the conditions surrounding nonmarital children and children in
11need of protection or services within the county and to take every reasonable action
12within its power to secure for them the full benefit of all laws enacted for their benefit.
13Unless provided by another agency, the department shall offer social services to the
14caretaker of any child who is referred to it under the conditions specified in this
15subdivision. This duty shall be discharged in cooperation with the court and with
16the public officers or boards legally responsible for the administration and
17enforcement of these laws.
AB100,721,2318
2. Accept legal custody of children transferred to it by the court under s. 48.355
19and to provide special treatment and care if ordered by the court and if providing
20special treatment and care is not the responsibility of the county department under
21s. 46.215, 51.42 or 51.437. A court may not order the department to administer
22psychotropic medications to children who receive special treatment or care under
23this subdivision.
AB100,722,924
3. Provide appropriate protection and services for children in its care, including
25providing services for children and their families in their own homes, placing the
1children in licensed foster homes, licensed treatment foster homes or licensed group
2homes in this state or another state within a reasonable proximity to the agency with
3legal custody or contracting for services for them by licensed child welfare agencies,
4except that the department may not purchase the educational component of private
5day treatment programs unless the department, the school board as defined in s.
6115.001 (7) and the state superintendent of public instruction all determine that an
7appropriate public education program is not available. Disputes between the
8department and the school district shall be resolved by the state superintendent of
9public instruction.
AB100,722,1110
4. Provide for the moral and religious training of children in its care according
11to the religious belief of the child or of his or her parents.
AB100,722,1412
5. Place children in a county children's home in the county, to accept
13guardianship of children when appointed by the court and to place children under
14its guardianship for adoption.
AB100,722,1515
6. Provide services to the court under s. 48.06.
AB100,722,1716
7. Contract with any parent or guardian or other person for the care and
17maintenance of any child.
AB100,722,1818
8. License foster homes or treatment foster homes in accordance with s. 48.75.
AB100,722,2019
9. Use in the media a picture or description of a child in its guardianship for
20the purpose of finding adoptive parents for that child.
AB100,722,2121
10. Administer kinship care as provided in s. 48.57 (3m) and (3p).
AB100,722,2422
11. Contract with the county department under s. 46.215, 51.42 or 51.437 or
23with a licensed child welfare agency to provide any of the services that the
24department is authorized to provide under this chapter.
AB100,723,3
1(b) In performing the functions specified in par. (a), the department may avail
2itself of the cooperation of any individual or private agency or organization interested
3in the social welfare of children in the county.
AB100,723,64
(c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the
5department may provide funding for the maintenance of any child who meets all of
6the following criteria:
AB100,723,77
1. Is 18 years of age or older.
AB100,723,98
2. Is enrolled in and regularly attending a secondary education classroom
9program leading to a high school diploma.
AB100,723,1110
3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior
11to his or her 18th birthday.
AB100,723,1312
4. Is living in a foster home, treatment foster home, group home or child caring
13institution.
AB100,723,1614
(d) The funding provided for the maintenance of a child under par. (c) shall be
15in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx),
16(kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.
AB100, s. 1595
17Section
1595. 48.551 (2) (a) of the statutes is amended to read:
AB100,723,2018
48.551
(2) (a) Training persons who provide counseling to adolescents
19including school counselors, county
or department employes providing child welfare
20services under s. 48.56
or 48.561 and family planning clinic employes.
AB100, s. 1596
21Section
1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the
22statutes is amended to read:
AB100,723,2323
CHAPTER 48
AB100,723,2524
SUBCHAPTER XII
25COUNTY CHILD WELFARE SERVICES
AB100, s. 1597
1Section
1597. 48.56 (title) of the statutes is amended to read:
AB100,724,3
248.56 (title)
County child
Child welfare services in counties having
3populations of less than 500,000.
AB100, s. 1598
4Section
1598. 48.56 (1) of the statutes is amended to read:
AB100,724,65
48.56
(1) Each county
having a population of less than 500,000 shall provide
6child welfare services through its county department.
AB100, s. 1599
7Section
1599. 48.561 of the statutes is created to read:
AB100,724,10
848.561 Child welfare services in a county having a population of
9500,000 or more. (1) The department shall provide child welfare services in a
10county having a population of 500,000 or more.
AB100,724,14
11(2) The department shall employ personnel in a county having a population of
12500,000 or more who devote all of their time directly or indirectly to child welfare
13services. Whenever possible, these personnel shall be social workers certified under
14ch. 457.
AB100,724,17
15(3) (a) A county having a population of 500,000 or more shall contribute
16$24,365,900 in state fiscal year 1997-98 for the provision of child welfare services in
17that county by the department.
AB100,725,218
(b) The department of administration may collect the amount specified in par.
19(a) from a county having a population of 500,000 or more by deducting all or part of
20that amount from any state payment due that county or may add a special charge
21to the amount of taxes apportioned to and levied upon the county under s. 70.60. In
22making deductions under this paragraph, the department of administration shall
23first make deductions to payments due under ss. 46.40, 79.03, 79.04, 79.058, 79.06
24and 79.08. The department of administration shall credit all amounts deducted or
25charged under this paragraph to the appropriation account under s. 20.435 (3) (kw)
1and shall notify the county that is the subject of the deduction or charge of that
2action.
AB100, s. 1600
3Section
1600. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act
4.... (this act), is amended to read:
AB100,725,75
48.561
(3) (a) A county having a population of 500,000 or more shall contribute
6$24,365,900 $48,731,700 in
each state fiscal year
1997-98 for the provision of child
7welfare services in that county by the department.
AB100, s. 1601
8Section
1601. 48.57 (title) of the statutes is amended to read:
AB100,725,10
948.57 (title)
Powers and duties of department and county departments
10providing child welfare services.
AB100, s. 1602
11Section
1602. 48.57 (1) (intro.) of the statutes is amended to read:
AB100,725,1712
48.57
(1) (intro.) Each county department shall administer and expend such
13amounts as may be necessary out of any moneys which may be appropriated for child
14welfare purposes by the county board of supervisors or
by the legislature, which may
15be donated by individuals or private organizations
. It or which may be otherwise
16provided. The department shall have the authority specified in s. 48.48 (17). A
17county department shall have
the authority: