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.
SECTION 1131r. 48.434 (2) of the statutes is amended to read:
48.434 (2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the birth parent's identity and location to one or both adoptive parents of the child.
SECTION 1131s. 48.434 (3) of the statutes is amended to read:
48.434 (3) Any adoptive parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the adoptive parent's identity and location to one or both birth parents of the child.
SECTION 1132d. 48.48 (9) of the statutes is amended to read:
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.
SECTION 1133d. 48.48 (9m) of the statutes is amended to read:
48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).
SECTION 1134d. 48.48 (10) of the statutes is amended to read:
48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).
SECTION 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:
48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), (3o) and (3p).
SECTION 1135. 48.55 (title) of the statutes is amended to read:
48.55 (title) State adoption information exchange and state adoption center.
SECTION 1136. 48.55 of the statutes is renumbered 48.55 (1) and amended to read:
48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $75,000 $125,000 in each fiscal year as grants to individuals and private agencies for to provide adoption information exchange services and to operate the state adoption center.
SECTION 1137. 48.551 (title) and (1) of the statutes are repealed.
SECTION 1138. 48.551 (2) (intro.) of the statutes is renumbered 48.55 (2) (intro.) and amended to read:
48.55 (2) (intro.) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center, which. The rules specifying the functions of the state adoption center shall include all of the following:
SECTION 1139. 48.551 (2) (a), (b), (c), (d) and (e) of the statutes are renumbered 48.55 (2) (a), (b), (c), (d) and (e).
SECTION 1140. 48.561 (3) (b) of the statutes is amended to read:
48.561 (3) (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will shall collect the amount specified in par. (a). If the department of administration and from a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from those the state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15 of each year, the department of administration shall determine that method without the agreement of that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.
SECTION 1141d. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (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 who is providing care and maintenance for a child if all of the following conditions are met:
SECTION 1142g. 48.57 (3m) (f) of the statutes is amended to read:
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.
SECTION 1143d. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (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 monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
SECTION 1145g. 48.57 (3n) (f) of the statutes is amended to read:
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.
SECTION 1145gm. 48.57 (3o) of the statutes is created to read:
48.57 (3o) (a) In this subsection:
1. "Kinship care relative" has the meaning given in sub. (3m) (a).
2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).
(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:
1. The person is 18 years of age or over.
2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.
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.
4. The person received funding under sub. (3m) (am) or (3n) (am) immediately prior to the person's 18th birthday.
(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).
(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.
SECTION 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:
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.
SECTION 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
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:
SECTION 1145m. 48.57 (3p) (h) of the statutes is repealed.
SECTION 1145p. 48.57 (3t) of the statutes is amended to read:
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.
SECTION 1145t. 48.57 (3t) of the statutes is amended to read:
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.
SECTION 1146dm. 48.60 (2) (d) of the statutes is amended to read:
48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;
SECTION 1147. 48.60 (2) (h) of the statutes is repealed.
SECTION 1148. 48.62 (1) (a) of the statutes is amended to read:
48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.
SECTION 1148g. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1998 2000, the age-related rates are: $289 $299 for children aged 4 and under; $315 $326 for children aged 5 to 11; $358 $371 for children aged 12 to 14 and $374 $387 for children aged 15 to 17. Beginning on January 1, 1999 2001, the age-related rates are: $296 $302 for children aged 4 and under; $323 $329 for children aged 5 to 11; $367 $375 for children aged 12 to 14; and $383 $391 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.
SECTION 1148m. 48.63 (3) of the statutes is amended to read:
48.63 (3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under ss. 48.833 (1), 48.835, 48.837 and 48.839.
SECTION 1148p. 48.64 (1m) of the statutes is amended to read:
48.64 (1m) FOSTER HOME, TREATMENT FOSTER HOME AND GROUP HOME AGREEMENTS. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833 (1), unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.
SECTION 1151d. 48.651 (2m) of the statutes is amended to read:
48.651 (2m) Each county department shall provide the department with information about each person who is denied certification for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.
SECTION 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and amended to read:
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.
(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.
(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.
SECTION 1153m. 48.66 (2) of the statutes is amended to read:
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.
SECTION 1154c. 48.66 (2m) (a) of the statutes is renumbered 48.66 (2m) (a) 1. and amended to read:
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.
SECTION 1154d. 48.66 (2m) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
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.
SECTION 1154g. 48.66 (2m) (a) 2. of the statutes is created to read:
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.
SECTION 1155c. 48.66 (2m) (am) of the statutes is renumbered 48.66 (2m) (am) 1. and amended to read:
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.
SECTION 1155d. 48.66 (2m) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
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.
SECTION 1155g. 48.66 (2m) (am) 2. of the statutes is created to read:
48.66 (2m) (am) 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 corrections 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.
SECTION 1156c. 48.66 (2m) (b) of the statutes is amended to read:
48.66 (2m) (b) The 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 of health and family services may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an the applicant who is an individual unless the applicant has provided the applicant's is an individual who does not have a social security number to that department and may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.
SECTION 1156d. 48.66 (2m) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
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.
SECTION 1157c. 48.66 (2m) (bm) of the statutes is amended to read:
48.66 (2m) (bm) The If an applicant who is an individual fails to provide the applicant's social security number to the department of corrections, that department of corrections may not issue or renew a license under sub. (1) to operate a secured child caring institution to or for an the applicant who is an individual unless the applicant has provided the applicant's does not have a social security number to that department and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (am) 2.
SECTION 1157d. 48.66 (2m) (bm) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read: