AB133-ASA1-AA2,145,1816
48.02
(17) "Shelter care facility" means a nonsecure place of temporary care
17and physical custody for children, including a holdover room, licensed by the
18department under s. 48.66 (1)
(a).".
AB133-ASA1-AA2,146,1721
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
22parent, guardian and legal custodian of the reasons for holding the child in custody
23and of the child's whereabouts unless there is reason to believe that notice would
1present imminent danger to the child. The parent, guardian and legal custodian
2shall also be notified of the time and place of the detention hearing required under
3s. 48.21, the nature and possible consequences of that hearing,
the right to counsel
4under s. 48.23 regardless of ability to pay and the right to present and cross-examine
5witnesses at the hearing. If the parent, guardian or legal custodian is not
6immediately available, the intake worker or another person designated by the court
7shall provide notice as soon as possible. When the child is 12 years of age or older,
8the child shall receive the same notice about the detention hearing as the parent,
9guardian or legal custodian. The intake worker shall notify both the child and the
10child's parent, guardian or legal custodian. When the child is an expectant mother
11who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child,
12through the unborn child's guardian ad litem, shall receive the same notice about the
13whereabouts of the child expectant mother, about the reasons for holding the child
14expectant mother in custody and about the detention hearing as the child expectant
15mother and her parent, guardian or legal custodian. The intake worker shall notify
16the child expectant mother, her parent, guardian or legal custodian and the unborn
17child, by the unborn child's guardian ad litem.
AB133-ASA1-AA2,146,2419
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
20or legal custodian shall be informed by the court of the allegations that have been
21made or may be made, the nature and possible consequences of this hearing as
22compared to possible future hearings,
the right to counsel under s. 48.23 regardless
23of ability to pay, the right to confront and cross-examine witnesses and the right to
24present witnesses.
AB133-ASA1-AA2,147,123
48.23
(2) (a) Whenever a child is
alleged to be in need of protection or services
4under s. 48.13 or is the subject of a proceeding involving a contested adoption or the
5involuntary termination of parental rights, any parent under 18 years of age who
6appears before the court shall be represented by counsel; but no such parent may
7waive counsel. A minor parent petitioning for the voluntary termination of parental
8rights shall be represented by a guardian ad litem. If a proceeding involves a
9contested adoption or the involuntary termination of parental rights, any parent 18
10years old or older who appears before the court shall be represented by counsel; but
11the parent may waive counsel provided the court is satisfied such waiver is
12knowingly and voluntarily made.
AB133-ASA1-AA2,147,2214
48.23
(2) (b) If a petition under s. 48.13 is contested, no child may be placed
15outside his or her home unless the nonpetitioning parent is represented by counsel
16at the fact-finding hearing and subsequent proceedings. If the petition is not
17contested, the child may not be placed outside his or her home unless the
18nonpetitioning parent is represented by counsel at the hearing at which the
19placement is made. A parent who is required under this paragraph to be represented
20by counsel may, however, waive counsel if the court is satisfied that such waiver is
21knowingly and voluntarily made, and the court may place the child outside the home
22even though the parent was not represented by counsel.
AB133-ASA1-AA2,148,324
48.23
(3) Power of the court to appoint counsel. Except in proceedings under
25s. 48.13, at At any time, upon request or on its own motion, the court may appoint
1counsel for the child or any party, unless the child or the party has or wishes to retain
2counsel of his or her own choosing.
The court may not appoint counsel for any party
3other than the child in a proceeding under s. 48.13.
AB133-ASA1-AA2,149,25
48.23
(4) Providing counsel. In any situation under this section in which a
6person child has a right to be represented by counsel or is provided counsel at the
7discretion of the court and counsel is not knowingly and voluntarily waived, the court
8shall refer the
person child to the state public defender and counsel shall be
9appointed by the state public defender under s. 977.08 without a determination of
10indigency. If the referral is of a
person child who has filed a petition under s. 48.375
11(7), the state public defender shall appoint counsel within 24 hours after that
12referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue
13to represent the child in any appeal brought under s. 809.105 unless the child
14requests substitution of counsel or extenuating circumstances make it impossible for
15counsel to continue to represent the child. In any situation under sub. (2) or (2m) in
16which a parent 18 years of age or over or an adult expectant mother is entitled to
17representation by counsel; counsel is not knowingly and voluntarily waived; and it
18appears that the parent or adult expectant mother is unable to afford counsel in full,
19or the parent or adult expectant mother so indicates; the court shall refer the parent
20or adult expectant mother to the authority for indigency determinations specified
21under s. 977.07 (1). In any other situation under this section in which a person has
22a right to be represented by counsel or is provided counsel at the discretion of the
23court, competent and independent counsel shall be provided and reimbursed in any
24manner suitable to the court regardless of the person's ability to pay, except that the
1court may not order a person who files a petition under s. 813.122 or 813.125 to
2reimburse counsel for the child who is named as the respondent in that petition.".
AB133-ASA1-AA2,149,65
48.27
(4) (a) 2. Advise the child
and any other party, if applicable, of his or her
6right to legal counsel regardless of ability to pay.".
AB133-ASA1-AA2,149,119
48.48
(9) To license foster homes or treatment foster homes as provided in s.
1048.66 (1)
(a) for its own use or for the use of licensed child welfare agencies or, if
11requested to do so, for the use of county departments.
AB133-ASA1-AA2,149,1313
48.48
(9m) To license shelter care facilities as provided in s. 48.66 (1)
(a).
AB133-ASA1-AA2,149,1615
48.48
(10) To license child welfare agencies and day care centers as provided
16in s. 48.66 (1)
(a).".
AB133-ASA1-AA2,149,2019
48.48
(17) (a) 10. Administer kinship care and long-term kinship care as
20provided in s. 48.57 (3m), (3n)
, (3o) and (3p).".
AB133-ASA1-AA2,149,23
22"
Section 1138r. 48.551 (2) (a) of the statutes is renumbered 48.55 (2) (a) and
23amended to read:
AB133-ASA1-AA2,150,5
148.55
(2) (a) Training persons who provide counseling to adolescents including
2school counselors, county or department employes providing child welfare services
3under s. 48.56 or 48.561 and employes of a clinic providing
family planning services,
4as defined in s. 253.07 (1) (b) prenatal care and delivery services or infant care, foster
5care or adoption services.".
AB133-ASA1-AA2,150,109
48.60
(2) (d) A hospital, maternity hospital, maternity home
, or nursing home
10or tuberculosis sanatorium licensed, approved or supervised by the department;".
AB133-ASA1-AA2,150,1313
48.57
(3o) (a) In this subsection:
AB133-ASA1-AA2,150,1414
1. "Kinship care relative" has the meaning given in sub. (3m) (a).
AB133-ASA1-AA2,150,1515
2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).
AB133-ASA1-AA2,150,2316
(b) From the appropriation under s. 20.435 (3) (kc), the department shall
17reimburse counties having populations of less than 500,000 for payments made
18under this subsection and shall make payments under this subsection in a county
19having a population of 500,000 or more. A county department and, in a county
20having a population of 500,000 or more, the department shall make payments in the
21amount of $215 per month to a kinship care relative or a long-term kinship care
22relative who is providing care and maintenance for a person if the person meets all
23of the following conditions:
AB133-ASA1-AA2,150,2424
1. The person is 18 years of age or over.
AB133-ASA1-AA2,151,2
12. The person is enrolled in and regularly attending a secondary education
2classroom program leading to a high school diploma.
AB133-ASA1-AA2,151,63
3. The person has not been absent from that program without an acceptable
4excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program
5is held during the month preceding the month in which a payment under this
6paragraph is payable.
AB133-ASA1-AA2,151,87
4. The person received funding under sub. (3m) (am) or (3n) (am) immediately
8prior to the person's 18th birthday.
AB133-ASA1-AA2,151,139
(c) The county department or department making payments under par. (b)
10shall monitor the classroom attendance of the person receiving care and
11maintenance under par. (b) and may require consent to the release of school
12attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments
13under par. (b).
AB133-ASA1-AA2,151,1814
(d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t)
15shall continue to apply to a kinship care relative, long-term kinship care relative and
16person receiving care and maintenance under par. (b) in the same manner as those
17subsections applied to those persons immediately prior to the 18th birthday of the
18person receiving that care and maintenance.
AB133-ASA1-AA2,152,520
48.57
(3t) Notwithstanding subs. (3m), (3n)
, (3o) and (3p), the department may
21enter into an agreement with the governing body of a federally recognized American
22Indian tribe or band to allow that governing body to administer the program under
23subs. (3m), (3n)
, (3o) and (3p) within the boundaries of that reservation. Any
24agreement under this subsection relating to the administration of the program under
25sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h)
12. may be filed and the person who has been designated by the governing body to
2conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p)
3(h) 4. Any agreement under this subsection relating to the administration of the
4program under sub. (3n) shall specify who is to make any determination as to
5whether a conviction record is satisfactory.".
AB133-ASA1-AA2,152,8
7"
Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and
8amended to read:
AB133-ASA1-AA2,152,159
48.66
(1) (a) Except as provided
under
in s. 48.715 (6) and (7), the department
10shall license and supervise child welfare agencies, as required by s. 48.60, group
11homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and
12day care centers, as required by s. 48.65. The department may license foster homes
13or treatment foster homes, as provided by s. 48.62, and may license and supervise
14county departments in accordance with the procedures specified in this section and
15in ss. 48.67 to 48.74.
AB133-ASA1-AA2,153,4
16(b) Except as provided
under in s. 48.715 (6), the department of corrections may
17license a child welfare agency to operate a secured child caring institution, as defined
18in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted
19under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or
20(4m) and referred to the child welfare agency by the court or the department of
21corrections and to provide supervision, care and maintenance for those juveniles.
22The department of corrections may also license not more than 5 county departments,
23as defined in s. 938.02 (2g), or not more than 5 consortia of not more than 5 county
24departments to operate not more than 5 group homes that have been licensed under
1par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure
2custody juveniles who have been convicted under s. 938.183 or adjudicated
3delinquent under s. 938.183 or 938.34 (4m) and referred to the county department
4by the court and to provide supervision, care and maintenance for those juveniles.
AB133-ASA1-AA2,153,11
5(c) A license issued under
this subsection par. (a) or (b), other than a license to
6operate a foster home, treatment foster home
or, secured child caring institution
or
7secured group home, is valid until revoked or suspended. A license issued under this
8subsection to operate a foster home, treatment foster home
or, secured child caring
9institution
or secured group home may be for any term not to exceed 2 years from the
10date of issuance. No license issued under
this subsection par. (a) or (b) is
11transferable.
AB133-ASA1-AA2,153,2013
48.66
(2m) (a) The department of health and family services shall require each
14applicant for a license under sub. (1)
(a) to operate a child welfare agency, group
15home, shelter care facility or day care center who is an individual to provide that
16department with the applicant's social security number, and shall require each
17applicant for a license under sub. (1)
(a) to operate a child welfare agency, group
18home, shelter care facility or day care center who is not an individual to provide that
19department with the applicant's federal employer identification number, when
20initially applying for or applying to continue the license.
AB133-ASA1-AA2,153,2522
48.66
(2m) (am) The department of corrections shall require each applicant for
23a license under sub. (1)
(b) to operate a secured child caring institution who is an
24individual to provide that department with the applicant's social security number
25when initially applying for or applying to renew the license.
AB133-ASA1-AA2,154,92
48.66
(2m) (b) The department of health and family services may not issue or
3continue a license under sub. (1)
(a) to operate a child welfare agency, group home,
4shelter care facility or day care center to or for an applicant who is an individual
5unless the applicant has provided the applicant's social security number to that
6department and may not issue or continue a license under sub. (1)
(a) to operate a
7child welfare agency, group home, shelter care facility or day care center to or for an
8applicant who is not an individual unless the applicant has provided the applicant's
9federal employer identification number to that department.
AB133-ASA1-AA2,154,1411
48.66
(2m) (bm) The department of corrections may not issue or renew a license
12under sub. (1)
(b) to operate a secured child caring institution to or for an applicant
13who is an individual unless the applicant has provided the applicant's social security
14number to that department.
AB133-ASA1-AA2,155,616
48.68
(1) After receipt of an application for a license, the department shall
17investigate to determine if the applicant meets the minimum requirements for a
18license adopted by the department under s. 48.67 and meets the requirements
19specified in s. 48.685, if applicable. In determining whether to issue or continue a
20license, the department may consider any action by the applicant, or by an employe
21of the applicant, that constitutes a substantial failure by the applicant or employe
22to protect and promote the health, safety and welfare of a child. Upon satisfactory
23completion of this investigation and payment of the fee required under s. 48.615 (1)
24(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
25license under s. 48.66 (1)
(a) or, if applicable, a probationary license under s. 48.69
1or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
2licensure and license renewal, the department shall provide a foster home licensee
3with written information relating to the age-related monthly foster care rates and
4supplemental payments specified in s. 48.62 (4), including payment amounts,
5eligibility requirements for supplemental payments and the procedures for applying
6for supplemental payments.".
AB133-ASA1-AA2,155,119
48.651
(2m) Each county department shall provide the department with
10information about each person who is denied certification for a reason specified in
11s. 48.685
(2) (4m) (a) 1. to 5.
AB133-ASA1-AA2,155,1414
48.685
(1) (ag) 1. "Caregiver" means any of the following:
AB133-ASA1-AA2,155,1615
a. A person who is, or is expected to be, an employe or contractor of an entity
16and who has, or is expected to have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2,155,1817
b. A person who has, or is seeking, a license, certification or contract to operate
18an entity.
AB133-ASA1-AA2,155,2119
2. "Caregiver" does not include a person who is certified as an emergency
20medical technician under s. 146.50 if the person is employed, or seeking employment,
21at an entity as an emergency medical technician.
AB133-ASA1-AA2,156,3
148.685
(1) (ar) "Contractor" means, with respect to an entity, a person, or that
2person's agent, who provides services to the entity under an express or implied
3contract or subcontract, including a person who has staff privileges at the entity.
AB133-ASA1-AA2,156,125
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
648.60 to provide care and maintenance for children, to place children for adoption or
7to license foster homes or treatment foster homes; a foster home or treatment foster
8home that is licensed under s. 48.62; a group home that is licensed under s. 48.625;
9a shelter care facility that is licensed under s. 938.22; a day care center that is
10licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
or a day
11care provider that is certified under s. 48.651
; or a temporary employment agency
12that provides caregivers to another entity.".
AB133-ASA1-AA2,156,1715
48.685
(1) (bm) "Nonclient resident" means a person who resides, or is expected
16to reside, at an entity, who is not a client of the entity and who has, or is expected to
17have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2,157,319
48.685
(1) (c) "Serious crime" means a violation of s. 940.01, 940.02, 940.03,
20940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
21940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055,
22948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or
23a violation of the law of any other state or United States jurisdiction that would be
24a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6),
1940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
2948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
3948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.".
AB133-ASA1-AA2,157,6
5"
Section 1161d. 48.685 (2) (a) (intro.) of the statutes is renumbered 48.685
6(4m) (a) (intro.).
