AB133-ASA1-CA1, s. 1131i
10Section 1131i. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and
11amended to read:
AB133-ASA1-CA1,203,1512
48.355
(3) (a)
If Except as provided in par. (b), if, after a hearing on the issue
13with due notice to the parent or guardian, the
judge
court finds that it would be in
14the best interest of the child, the
judge court may set reasonable rules of parental
15visitation.
AB133-ASA1-CA1,203,2117
48.355
(3) (b) 1. Except as provided in subd. 2., the court may not grant
18visitation under par. (a) to a parent of a child if the parent has been convicted under
19s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
202nd-degree intentional homicide, of the child's other parent, and the conviction has
21not been reversed, set aside or vacated.
AB133-ASA1-CA1,204,522
1m. Except as provided in subd. 2., if a parent who is granted visitation rights
23with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional
24homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's
25other parent, and the conviction has not been reversed, set aside or vacated, the court
1shall issue an order prohibiting the parent from having visitation with the child on
2petition of the child, the guardian or legal custodian of the child, a person or agency
3bound by the dispositional order or the district attorney or corporation counsel of the
4county in which the dispositional order was entered, or on the court's own motion,
5and on notice to the parent.
AB133-ASA1-CA1,204,86
2. Subdivisions 1. and 1m. do not apply if the court determines by clear and
7convincing evidence that the visitation would be in the best interests of the child.
8The court shall consider the wishes of the child in making that determination.
AB133-ASA1-CA1,204,1410
48.357
(4d) (a) Except as provided in par. (b), the court may not change a child's
11placement to a placement in the home of a person who has been convicted under s.
12940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
13intentional homicide, of a parent of the child, if the conviction has not been reversed,
14set aside or vacated.
AB133-ASA1-CA1,204,2315
(am) Except as provided in par (b), if a parent in whose home a child is placed
16is convicted under s. 940.01 of the first-degree intentional homicide, or under s.
17940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the
18conviction has not been reversed, set aside or vacated, the court shall change the
19child's placement to a placement out of the home of the parent on petition of the child,
20the guardian or legal custodian of the child, a person or agency bound by the
21dispositional order or the district attorney or corporation counsel of the county in
22which the dispositional order was entered, or on the court's own motion, and on notice
23to the parent.
AB133-ASA1-CA1,205,3
1(b) Paragraphs (a) and (am) do not apply if the court determines by clear and
2convincing evidence that the placement would be in the best interests of the child.
3The court shall consider the wishes of the child in making that determination.".
AB133-ASA1-CA1,205,186
48.415
(8) Intentional or reckless homicide Homicide or solicitation to
7commit homicide of parent. Intentional or reckless Homicide or solicitation to
8commit homicide of a parent, which shall be established by proving that a parent of
9the child has been a victim of first-degree intentional homicide in violation of s.
10940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree
11intentional homicide in violation of s. 940.05 or a crime under federal law or the law
12of any other state that is comparable to
a crime specified in this subsection any of
13those crimes, or has been the intended victim of a solicitation to commit first-degree
14intentional homicide in violation of s. 939.30 or a crime under federal law or the law
15of any other state that is comparable to that crime, and that the person whose
16parental rights are sought to be terminated has been convicted of that intentional
17or reckless homicide
, solicitation or crime under federal law or the law of any other
18state as evidenced by a final judgment of conviction.".
AB133-ASA1-CA1,206,221
48.42
(1m) (b)
The Subject to par. (e), the court may issue the temporary order
22ex parte or may refuse to issue the temporary order and hold a hearing on whether
23to issue an injunction. The temporary order is in effect until a hearing is held on the
24issuance of an injunction. The court shall hold a hearing on the issuance of an
1injunction on or before the date of the hearing on the petition to terminate parental
2rights under s. 48.422 (1).
AB133-ASA1-CA1,206,104
48.42
(1m) (c) Notwithstanding any other order under s. 48.355 (3), the court
,
5subject to par. (e), may grant an injunction prohibiting the respondent from visiting
6or contacting the child if the court determines that the prohibition would be in the
7best interests of the child. An injunction under this subsection is effective according
8to its terms but may not remain in effect beyond the date the court dismisses the
9petition for termination of parental rights under s. 48.427 (2) or issues an order
10terminating parental rights under s. 48.427 (3).
AB133-ASA1-CA1,206,1712
48.42
(1m) (e) 1. Except as provided in subd. 2., the court shall issue a
13temporary order and injunction prohibiting a parent of a child from visitation or
14contact with the child if the parent has been convicted under s. 940.01 of the
15first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
16homicide, of the child's other parent, and the conviction has not been reversed, set
17aside or vacated.
AB133-ASA1-CA1,206,2018
2. Subdivision 1. does not apply if the court determines by clear and convincing
19evidence that the visitation or contact would be in the best interests of the child. The
20court shall consider the wishes of the child in making that determination.
AB133-ASA1-CA1,206,2423
48.428
(6) (a)
The Except as provided in par. (b), the court may order or prohibit
24visitation by a birth parent of a child placed in sustaining care.
AB133-ASA1-CA1,207,6
148.428
(6) (b) 1. Except as provided in subd. 2., the court may not grant
2visitation under par. (a) to a birth parent of a child who has been placed in sustaining
3care if the birth parent has been convicted under s. 940.01 of the first-degree
4intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
5the child's other birth parent, and the conviction has not been reversed, set aside or
6vacated.
AB133-ASA1-CA1,207,157
1m. Except as provided in subd. 2., if a birth parent who is granted visitation
8rights with a child under par. (a) is convicted under s. 940.01 of the first-degree
9intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
10the child's other birth parent, and the conviction has not been reversed, set aside or
11vacated, the court shall issue an order prohibiting the birth parent from having
12visitation with the child on petition of the child, the guardian or legal custodian of
13the child, or the district attorney or corporation counsel of the county in which the
14dispositional order was entered, or on the court's own motion, and on notice to the
15birth parent.
AB133-ASA1-CA1,207,1816
2. Subdivisions 1. and 1m. do not apply if the court determines by clear and
17convincing evidence that the visitation would be in the best interests of the child.
18The court shall consider the wishes of the child in making that determination.".
AB133-ASA1-CA1,207,2221
48.48
(17) (a) 10. Administer kinship care and long-term kinship care as
22provided in s. 48.57 (3m), (3n)
, (3o) and (3p).".
AB133-ASA1-CA1,208,3
148.48
(9) To license foster homes or treatment foster homes as provided in s.
248.66 (1)
(a) for its own use or for the use of licensed child welfare agencies or, if
3requested to do so, for the use of county departments.
AB133-ASA1-CA1,208,55
48.48
(9m) To license shelter care facilities as provided in s. 48.66 (1)
(a).
AB133-ASA1-CA1,208,87
48.48
(10) To license child welfare agencies and day care centers as provided
8in s. 48.66 (1)
(a).".
AB133-ASA1-CA1,208,1711
48.57
(3m) (f) Any person whose application for payments under par. (am) is
12not acted on promptly or is denied on the grounds that
a condition any of the
13conditions specified in par. (am) 1.
, 2., 5. or
to 6. has not been met and any person
14whose payments under par. (am) are discontinued under par. (d) may petition the
15department under par. (g) for a review of that action or failure to act. Review is
16unavailable if the action or failure to act arose more than 45 days before submission
17of the petition for review.".
AB133-ASA1-CA1,208,2120
48.60
(2) (d) A hospital, maternity hospital, maternity home
, or nursing home
21or tuberculosis sanatorium licensed, approved or supervised by the department;".
AB133-ASA1-CA1,209,7
148.57
(3n) (f) Any person whose application for payments under par. (am) is not
2acted on promptly or is denied on the grounds that
a condition any of the conditions 3specified in par. (am) 1.
, 2., 5., 5m. or to 5r. has not been met and any person whose
4payments under par. (am) are discontinued under par. (d) may petition the
5department under par. (g) for a review of that action or failure to act. Review is
6unavailable if the action or failure to act arose more than 45 days before submission
7of the petition for review.
AB133-ASA1-CA1,209,219
48.57
(3p) (fm) 1. The county department or, in a county having a population
10of 500,000 or more, the department of health and family services may provisionally
11approve the making of payments under sub. (3m) based on the applicant's statement
12under sub. (3m) (am) 4m. The county department or department of health and family
13services may not finally approve the making of payments under sub. (3m) unless the
14county department or department of health and family services receives information
15from the department of justice indicating that the conviction record of the applicant
16under the law of this state is satisfactory according to the criteria specified in par.
17(g) 1. to 3.
or payment is approved under par. (h) 4. The county department or
18department of health and family services may make payments under sub. (3m)
19conditioned on the receipt of information from the federal bureau of investigation
20indicating that the person's conviction record under the law of any other state or
21under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
AB133-ASA1-CA1,210,423
48.57
(3p) (g) (intro.)
Except as provided in par. (h), the A county department
24or, in a county having a population of 500,000 or more, the department of health and
25family services may not make payments to a person applying for payments under
1sub. (3m) and a person receiving payments under sub. (3m) may not employ a person
2in a position in which that person would have regular contact with the child for whom
3those payments are being made or permit a person to be an adult resident if any of
4the following applies:
AB133-ASA1-CA1,210,177
48.57
(3t) Notwithstanding subs. (3m), (3n) and (3p), the department may
8enter into an agreement with the governing body of a federally recognized American
9Indian tribe or band to allow that governing body to administer the program under
10subs. (3m), (3n) and (3p) within the boundaries of that reservation.
Any agreement
11under this subsection relating to the administration of the program under sub. (3m)
12shall specify the person with whom a request for review under sub. (3p) (h) 2. may
13be filed and the person who has been designated by the governing body to conduct
14the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. 15Any agreement under this subsection relating to the administration of the program
16under sub. (3n) shall specify who is to make any determination as to whether a
17conviction record is satisfactory.".
AB133-ASA1-CA1,210,2020
48.57
(3o) (a) In this subsection:
AB133-ASA1-CA1,210,2121
1. "Kinship care relative" has the meaning given in sub. (3m) (a).
AB133-ASA1-CA1,210,2222
2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).
AB133-ASA1-CA1,211,623
(b) From the appropriation under s. 20.435 (3) (kc), the department shall
24reimburse counties having populations of less than 500,000 for payments made
1under this subsection and shall make payments under this subsection in a county
2having a population of 500,000 or more. A county department and, in a county
3having a population of 500,000 or more, the department shall make payments in the
4amount of $215 per month to a kinship care relative or a long-term kinship care
5relative who is providing care and maintenance for a person if the person meets all
6of the following conditions:
AB133-ASA1-CA1,211,77
1. The person is 18 years of age or over.
AB133-ASA1-CA1,211,98
2. The person is enrolled in and regularly attending a secondary education
9classroom program leading to a high school diploma.
AB133-ASA1-CA1,211,1310
3. The person has not been absent from that program without an acceptable
11excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program
12is held during the month preceding the month in which a payment under this
13paragraph is payable.
AB133-ASA1-CA1,211,1514
4. The person received funding under sub. (3m) (am) or (3n) (am) immediately
15prior to the person's 18th birthday.
AB133-ASA1-CA1,211,2016
(c) The county department or department making payments under par. (b)
17shall monitor the classroom attendance of the person receiving care and
18maintenance under par. (b) and may require consent to the release of school
19attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments
20under par. (b).
AB133-ASA1-CA1,211,2521
(d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t)
22shall continue to apply to a kinship care relative, long-term kinship care relative and
23person receiving care and maintenance under par. (b) in the same manner as those
24subsections applied to those persons immediately prior to the 18th birthday of the
25person receiving that care and maintenance.
AB133-ASA1-CA1,212,122
48.57
(3t) Notwithstanding subs. (3m), (3n)
, (3o) and (3p), the department may
3enter into an agreement with the governing body of a federally recognized American
4Indian tribe or band to allow that governing body to administer the program under
5subs. (3m), (3n)
, (3o) and (3p) within the boundaries of that reservation. Any
6agreement under this subsection relating to the administration of the program under
7sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h)
82. may be filed and the person who has been designated by the governing body to
9conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p)
10(h) 4. Any agreement under this subsection relating to the administration of the
11program under sub. (3n) shall specify who is to make any determination as to
12whether a conviction record is satisfactory.".
AB133-ASA1-CA1,212,15
14"
Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and
15amended to read:
AB133-ASA1-CA1,212,2216
48.66
(1) (a) Except as provided
under
in s. 48.715 (6) and (7), the department
17shall license and supervise child welfare agencies, as required by s. 48.60, group
18homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and
19day care centers, as required by s. 48.65. The department may license foster homes
20or treatment foster homes, as provided by s. 48.62, and may license and supervise
21county departments in accordance with the procedures specified in this section and
22in ss. 48.67 to 48.74.
AB133-ASA1-CA1,213,11
23(b) Except as provided
under in s. 48.715 (6), the department of corrections may
24license a child welfare agency to operate a secured child caring institution, as defined
1in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted
2under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or
3(4m) and referred to the child welfare agency by the court or the department of
4corrections and to provide supervision, care and maintenance for those juveniles.
5The department of corrections may also license not more than 5 county departments,
6as defined in s. 938.02 (2g), or not more than 5 consortia of county departments to
7operate not more than 5 group homes that have been licensed under par. (a) as
8secured group homes, as defined in s. 938.02 (15p), for holding in secure custody
9juveniles who have been convicted under s. 938.183 or adjudicated delinquent under
10s. 938.183 or 938.34 (4m) and referred to the county department by the court and to
11provide supervision, care and maintenance for those juveniles.
AB133-ASA1-CA1,213,18
12(c) A license issued under
this subsection par. (a) or (b), other than a license to
13operate a foster home, treatment foster home
or, secured child caring institution
or
14secured group home, is valid until revoked or suspended. A license issued under this
15subsection to operate a foster home, treatment foster home
or, secured child caring
16institution
or secured group home may be for any term not to exceed 2 years from the
17date of issuance. No license issued under
this subsection par. (a) or (b) is
18transferable.
AB133-ASA1-CA1, s. 1154d
19Section 1154d. 48.66 (2m) (a) 1. of the statutes, as affected by 1999 Wisconsin
20Act .... (this act), is amended to read:
AB133-ASA1-CA1,214,321
48.66
(2m) (a) 1. Except as provided in subd. 2., the department of health and
22family services shall require each applicant for a license under sub. (1)
(a) to operate
23a child welfare agency, group home, shelter care facility or day care center who is an
24individual to provide that department with the applicant's social security number,
25and shall require each applicant for a license under sub. (1)
(a) to operate a child
1welfare agency, group home, shelter care facility or day care center who is not an
2individual to provide that department with the applicant's federal employer
3identification number, when initially applying for or applying to continue the license.
AB133-ASA1-CA1, s. 1155d
4Section 1155d. 48.66 (2m) (am) 1. of the statutes, as affected by 1999
5Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-CA1,214,106
48.66
(2m) (am) 1. Except as provided in subd. 2., the department of corrections
7shall require each applicant for a license under sub. (1)
(b) to operate a secured child
8caring institution who is an individual to provide that department with the
9applicant's social security number when initially applying for or applying to renew
10the license.
AB133-ASA1-CA1, s. 1156d
11Section 1156d. 48.66 (2m) (b) of the statutes, as affected by 1999 Wisconsin
12Act .... (this act), is amended to read:
AB133-ASA1-CA1,214,2113
48.66
(2m) (b) If an applicant who is an individual fails to provide the
14applicant's social security number to the department of health and family services
15or if an applicant who is not an individual fails to provide the applicant's federal
16employer identification number to that department, that department may not issue
17or continue a license under sub. (1)
(a) to operate a child welfare agency, group home,
18shelter care facility or day care center to or for the applicant unless the applicant is
19an individual who does not have a social security number and the applicant submits
20a statement made or subscribed under oath or affirmation as required under par. (a)
212.
AB133-ASA1-CA1, s. 1157d
22Section 1157d. 48.66 (2m) (bm) of the statutes, as affected by 1999 Wisconsin
23Act .... (this act), is amended to read:
AB133-ASA1-CA1,215,424
48.66
(2m) (bm) If an applicant who is an individual fails to provide the
25applicant's social security number to the department of corrections, that department
1may not issue or renew a license under sub. (1)
(b) to operate a secured child caring
2institution to or for the applicant unless the applicant does not have a social security
3number and the applicant submits a statement made or subscribed under oath or
4affirmation as required under par. (am) 2.
AB133-ASA1-CA1,215,216
48.68
(1) After receipt of an application for a license, the department shall
7investigate to determine if the applicant meets the minimum requirements for a
8license adopted by the department under s. 48.67 and meets the requirements
9specified in s. 48.685, if applicable. In determining whether to issue or continue a
10license, the department may consider any action by the applicant, or by an employe
11of the applicant, that constitutes a substantial failure by the applicant or employe
12to protect and promote the health, safety and welfare of a child. Upon satisfactory
13completion of this investigation and payment of the fee required under s. 48.615 (1)
14(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
15license under s. 48.66 (1)
(a) or, if applicable, a probationary license under s. 48.69
16or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
17licensure and license renewal, the department shall provide a foster home licensee
18with written information relating to the age-related monthly foster care rates and
19supplemental payments specified in s. 48.62 (4), including payment amounts,
20eligibility requirements for supplemental payments and the procedures for applying
21for supplemental payments.".
AB133-ASA1-CA1,216,9
148.66
(2) The department shall prescribe application forms to be used by all
2applicants for licenses from it. The application forms prescribed by the department
3shall require that the social security numbers of all applicants for a license to operate
4a child welfare agency, group home, shelter care facility or day care center who are
5individuals
, other than an individual who does not have a social security number and
6who submits a statement made or subscribed under oath or affirmation as required
7under sub. (2m) (a) 2., be provided and that the federal employer identification
8numbers of all applicants for a license to operate a child welfare agency, group home,
9shelter care facility or day care center who are not individuals be provided.
AB133-ASA1-CA1, s. 1154c
10Section 1154c. 48.66 (2m) (a) of the statutes is renumbered 48.66 (2m) (a) 1.
11and amended to read:
AB133-ASA1-CA1,216,1912
48.66
(2m) (a) 1.
The Except as provided in subd. 2., the department of health
13and family services shall require each applicant for a license under sub. (1) to operate
14a child welfare agency, group home, shelter care facility or day care center who is an
15individual to provide that department with the applicant's social security number,
16and shall require each applicant for a license under sub. (1) to operate a child welfare
17agency, group home, shelter care facility or day care center who is not an individual
18to provide that department with the applicant's federal employer identification
19number, when initially applying for or applying to continue the license.
AB133-ASA1-CA1,217,221
48.66
(2m) (a) 2. If an applicant who is an individual does not have a social
22security number, the applicant shall submit a statement made or subscribed under
23oath or affirmation to the department of health and family services that the
24applicant does not have a social security number. The form of the statement shall
1be prescribed by the department of workforce development. A license issued in
2reliance upon a false statement submitted under this subdivision is invalid.