Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 1131id Section 1131id. 48.355 (3) (b) of the statutes is created to read:

AB133-ASA1-CA1,203,21 48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,204,5 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-ASA1-CA1,204,8 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

AB133-ASA1-CA1,204,14 48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,204,23 (am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-ASA1-CA1,205,3 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,205,4 700. Page 647, line 9: after that line insert:

AB133-ASA1-CA1,205,5 " Section 1131p. 48.415 (8) of the statutes is amended to read:

AB133-ASA1-CA1,205,18 48.415 (8) Intentional or reckless homicide Homicide or solicitation to commit homicide of parent. Intentional or reckless Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.".

AB133-ASA1-CA1,205,19 701. Page 647, line 9: after that line insert:

AB133-ASA1-CA1,205,20 " Section 1131p. 48.42 (1m) (b) of the statutes is amended to read:

AB133-ASA1-CA1,206,2 48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1).

AB133-ASA1-CA1, s. 1131pd Section 1131pd. 48.42 (1m) (c) of the statutes is amended to read:

AB133-ASA1-CA1,206,10 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

AB133-ASA1-CA1, s. 1131pg Section 1131pg. 48.42 (1m) (e) of the statutes is created to read:

AB133-ASA1-CA1,206,17 48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,206,20 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 1131pm Section 1131pm. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and amended to read:

AB133-ASA1-CA1,206,24 48.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.

AB133-ASA1-CA1, s. 1131pp Section 1131pp. 48.428 (6) (b) of the statutes is created to read:

AB133-ASA1-CA1,207,6 48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,207,15 1m. Except as provided in subd. 2., if a birth parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.

AB133-ASA1-CA1,207,18 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-ASA1-CA1,207,19 702. Page 647, line 21: after that line insert:

AB133-ASA1-CA1,207,20 " Section 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:

AB133-ASA1-CA1,207,22 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), (3o) and (3p).".

AB133-ASA1-CA1,207,23 703. Page 647, line 21: after that line insert:

AB133-ASA1-CA1,207,24 " Section 1132d. 48.48 (9) of the statutes is amended to read:

AB133-ASA1-CA1,208,3 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

AB133-ASA1-CA1, s. 1133d Section 1133d. 48.48 (9m) of the statutes is amended to read:

AB133-ASA1-CA1,208,5 48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).

AB133-ASA1-CA1, s. 1134d Section 1134d. 48.48 (10) of the statutes is amended to read:

AB133-ASA1-CA1,208,8 48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).".

AB133-ASA1-CA1,208,9 704. Page 649, line 21: after that line insert:

AB133-ASA1-CA1,208,10 " Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:

AB133-ASA1-CA1,208,17 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.".

AB133-ASA1-CA1,208,18 705. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,208,19 " Section 1143dm. 48.60 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,208,21 48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;".

AB133-ASA1-CA1,208,22 706. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,208,23 " Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:

AB133-ASA1-CA1,209,7 48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB133-ASA1-CA1, s. 1145h Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB133-ASA1-CA1,209,21 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB133-ASA1-CA1, s. 1145j Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,210,4 48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB133-ASA1-CA1, s. 1145m Section 1145m. 48.57 (3p) (h) of the statutes is repealed.

AB133-ASA1-CA1, s. 1145p Section 1145p. 48.57 (3t) of the statutes is amended to read:

AB133-ASA1-CA1,210,17 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-ASA1-CA1,210,18 707. Page 650, line 5: after that line insert:

AB133-ASA1-CA1,210,19 " Section 1145p. 48.57 (3o) of the statutes is created to read:

AB133-ASA1-CA1,210,20 48.57 (3o) (a) In this subsection:

AB133-ASA1-CA1,210,21 1. "Kinship care relative" has the meaning given in sub. (3m) (a).

AB133-ASA1-CA1,210,22 2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).

AB133-ASA1-CA1,211,6 (b) From the appropriation under s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative or a long-term kinship care relative who is providing care and maintenance for a person if the person meets all of the following conditions:

AB133-ASA1-CA1,211,7 1. The person is 18 years of age or over.

AB133-ASA1-CA1,211,9 2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB133-ASA1-CA1,211,13 3. The person has not been absent from that program without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program is held during the month preceding the month in which a payment under this paragraph is payable.

AB133-ASA1-CA1,211,15 4. The person received funding under sub. (3m) (am) or (3n) (am) immediately prior to the person's 18th birthday.

AB133-ASA1-CA1,211,20 (c) The county department or department making payments under par. (b) shall monitor the classroom attendance of the person receiving care and maintenance under par. (b) and may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments under par. (b).

AB133-ASA1-CA1,211,25 (d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t) shall continue to apply to a kinship care relative, long-term kinship care relative and person receiving care and maintenance under par. (b) in the same manner as those subsections applied to those persons immediately prior to the 18th birthday of the person receiving that care and maintenance.

AB133-ASA1-CA1, s. 1145t Section 1145t. 48.57 (3t) of the statutes is amended to read:

AB133-ASA1-CA1,212,12 48.57 (3t) Notwithstanding subs. (3m), (3n), (3o) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n), (3o) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-ASA1-CA1,212,13 708. Page 651, line 25: after that line insert:

AB133-ASA1-CA1,212,15 " Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and amended to read:

AB133-ASA1-CA1,212,22 48.66 (1) (a) Except as provided under in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74.

AB133-ASA1-CA1,213,11 (b) Except as provided under in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. The department of corrections may also license not more than 5 county departments, as defined in s. 938.02 (2g), or not more than 5 consortia of county departments to operate not more than 5 group homes that have been licensed under par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m) and referred to the county department by the court and to provide supervision, care and maintenance for those juveniles.

AB133-ASA1-CA1,213,18 (c) A license issued under this subsection par. (a) or (b), other than a license to operate a foster home, treatment foster home or, secured child caring institution or secured group home, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or, secured child caring institution or secured group home may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection par. (a) or (b) is transferable.

AB133-ASA1-CA1, s. 1154d Section 1154d. 48.66 (2m) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,214,3 48.66 (2m) (a) 1. Except as provided in subd. 2., the department of health and family services shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB133-ASA1-CA1, s. 1155d Section 1155d. 48.66 (2m) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,214,10 48.66 (2m) (am) 1. Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.

AB133-ASA1-CA1, s. 1156d Section 1156d. 48.66 (2m) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,214,21 48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department of health and family services or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to that department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.

AB133-ASA1-CA1, s. 1157d Section 1157d. 48.66 (2m) (bm) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,215,4 48.66 (2m) (bm) If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department may not issue or renew a license under sub. (1) (b) to operate a secured child caring institution to or for the applicant unless the applicant does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2.

AB133-ASA1-CA1, s. 1158d Section 1158d. 48.68 (1) of the statutes is amended to read:

AB133-ASA1-CA1,215,21 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.".

AB133-ASA1-CA1,215,22 709. Page 651, line 25: after that line insert:

AB133-ASA1-CA1,215,23 " Section 1153m. 48.66 (2) of the statutes is amended to read:

AB133-ASA1-CA1,216,9 48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (2m) (a) 2., be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.

AB133-ASA1-CA1, s. 1154c Section 1154c. 48.66 (2m) (a) of the statutes is renumbered 48.66 (2m) (a) 1. and amended to read:

AB133-ASA1-CA1,216,19 48.66 (2m) (a) 1. The Except as provided in subd. 2., the department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB133-ASA1-CA1, s. 1154g Section 1154g. 48.66 (2m) (a) 2. of the statutes is created to read:

AB133-ASA1-CA1,217,2 48.66 (2m) (a) 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department of health and family services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subdivision is invalid.

AB133-ASA1-CA1, s. 1155c Section 1155c. 48.66 (2m) (am) of the statutes is renumbered 48.66 (2m) (am) 1. and amended to read:

AB133-ASA1-CA1,217,9 48.66 (2m) (am) 1. The Except as provided in subd. 2., the department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.