2001 Wisconsin Act 59

59,29 Section 29. 48.48 (17) (c) 4. of the statutes is amended to read:

48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth.

59,30 Section 30 . 48.57 (3) (a) 4. of the statutes is amended to read:

48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth.

59,31 Section 31. 48.60 (4) (b) of the statutes is amended to read:

48.60 (4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who is a resident of has been placed with the child welfare agency, if the child was placed in the child welfare agency pursuant to under the interstate compact on the placement of children under s. 48.988.

Note: This Section deletes surplus language to clarify that a child welfare agency is liable for the costs incurred by a school district in providing special education for a child with a disability who has been placed with the child welfare agency under the Interstate Compact on the Placement of Children.

59,32 Section 32. 48.60 (5) (a) (intro.) of the statutes is amended to read:

48.60 (5) (a) (intro.) No later than 24 hours after the death of a child who resided in a building residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:

Note: This Section and Section 33 eliminate vague references to a "building" operated by a child welfare agency and replaces those vague references with specific references to a "residential care center for children and youth" operated by a child welfare agency, which is the legally defined and professionally accepted term for a facility operated by a child welfare agency for the care and maintenance of children.

59,33 Section 33 . 48.615 (1) (a) of the statutes is amended to read:

48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

59,34 Section 34. 48.68 (2) of the statutes is amended to read:

48.68 (2) Before continuing the license of any child welfare agency or to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the previous 2-year period.

Note: This Section and Sections 35 to 39 amend provisions relating to licensure of, and formal complaints regarding, child welfare agencies to clarify that those provisions apply to a residential care center for children and youth operated by a child welfare agency. It is obvious from the context of those provisions that they refer to a child welfare agency in its capacity as an operator of such a center and not in its capacity as a child-placing agency.

59,35 Section 35 . 48.68 (3) of the statutes is amended to read:

48.68 (3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency or to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards which that may affect the health and safety of the residents of the child welfare agency residential care center for children and youth or group home. No license may be issued to a child welfare agency or to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.

59,36 Section 36 . 48.68 (4) of the statutes is amended to read:

48.68 (4) Prior to initial licensure of a residential facility care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential facility care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.

59,37 Section 37. 48.745 (1) of the statutes is amended to read:

48.745 (1) If a complaint is received by a child welfare agency or operating a residential care center for children and youth or by a group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section.

59,38 Section 38. 48.745 (2) of the statutes is amended to read:

48.745 (2) Any individual may file a formal complaint under this section regarding the general operation of a child welfare agency residential care center for children and youth or group home and shall not be subject to reprisals for doing so. All formal complaints regarding child welfare agencies residential care centers for children and youth and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department which that licenses child welfare agencies residential care centers for children and youth and group homes.

59,39 Section 39 . 48.745 (3) of the statutes is amended to read:

48.745 (3) Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff, and residents of the child welfare agency residential care center for children and youth or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means.

59,40 Section 40 . 48.981 (1) (am) 5. of the statutes is amended to read:

48.981 (1) (am) 5. An employee of a residential facility or child caring institution residential care center for children and youth in which the child was or is placed.

59,41 Section 41. 48.981 (2) of the statutes is amended to read:

48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator, or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution or residential care center for children and youth, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437 or a residential care center for children and youth, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder, or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney, having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

59,42 Section 42. 48.988 (2) (b) of the statutes is amended to read:

48.988 (2) (b) "Placement" means the arrangement for the care of a child in a family free or boarding home or, in a child-caring agency or institution, or in a residential care center for children and youth, but does not include any institution caring for the mentally ill, mentally defective, or epileptic or, any institution primarily educational in character, and or any hospital or other medical facility.

59,43 Section 43. 49.19 (1) (a) 2. b. of the statutes is amended to read:

49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution, or center by a county department under s. 46.215, 46.22 or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

59,44 Section 44. 49.19 (10) (b) of the statutes is amended to read:

49.19 (10) (b) Aid under this section may also be granted on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or on behalf of a child who was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child-caring institution residential care center for children and youth by the county department. Reimbursement shall be made by the state pursuant to par. (a).

59,45 Section 45. 49.19 (10) (c) of the statutes is amended to read:

49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home or child-caring institution, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or if the child was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department.

59,46 Section 46. 49.19 (10) (d) of the statutes is amended to read:

49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home or child-caring institution, or residential care center for children and youth by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

59,47 Section 47 . 49.19 (10) (e) of the statutes is amended to read:

49.19 (10) (e) Notwithstanding pars. (a), (c) and (d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child-caring institution , or residential care center for children and youth by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement, or for placement of a child in a group home licensed under s. 48.625.

59,48 Section 48 . 51.437 (14r) (a) 7. of the statutes is created to read:

51.437 (14r) (a) 7. Notify the governor regarding membership requirements of the council and if vacancies on the council remain unfilled for a significant period of time.

Note: Sections 48 and 49 create additional duties for the state council on developmental disabilities to conform to the federal requirements for the council.

59,49 Section 49 . 51.437 (14r) (c) of the statutes is created to read:

51.437 (14r) (c) The council on developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the council and the public to the governor regarding council membership.

59,50 Section 50. 70.11 (19) of the statutes is amended to read:

70.11 (19) Institutions and centers for dependent children and persons who have developmental disabilities. The property of any institution residential care center for children and youth that is licensed under s. 48.60 for the care of dependent or neglected children or delinquent juveniles if that property is used for that purpose and the property of any nonprofit institution that is subject to examination under s. 46.03 (5) and that has a full-time population of at least 150 individuals who have developmental disabilities, as defined in s. 51.01 (5), if that property is used for that purpose.

Note: This Section eliminates a vague reference to an "institution" licensed under s. 48.60, stats., and replaces that vague reference with a specific reference to a "residential care center for children and youth" licensed under s. 48.60, stats.,which is the legally defined and professionally accepted term for a facility operated by a child welfare agency for the care and maintenance of children.

59,51 Section 51 . 115.76 (4) of the statutes is renumbered 115.76 (14g) and amended to read:

115.76 (14g) "Child caring institution" "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of children residing in that facility.

59,52 Section 52. 115.762 (3) (g) of the statutes is amended to read:

115.762 (3) (g) Monitoring and enforcing local educational agency and child caring institution residential care center for children and youth compliance with this subchapter and applicable federal law, including 20 USC 1415 (k).

59,53 Section 53. 115.81 (1) (b) of the statutes is amended to read:

115.81 (1) (b) "Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution residential care center for children and youth except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a child caring institution residential care center for children and youth, "responsible local educational agency" means the school district in which the child caring institution residential care center for children and youth is located.

59,54 Section 54. 115.81 (2) of the statutes is amended to read:

115.81 (2) Establishment of program. Subject to the approval of the division, a child caring institution residential care center for children and youth may establish and maintain special education and related services for children with disabilities.

59,55 Section 55. 115.81 (3) (a) of the statutes is amended to read:

115.81 (3) (a) Whenever a county department recommends to a court that a child be placed in a child caring institution residential care center for children and youth or whenever a state agency anticipates placing a child in a child caring institution residential care center for children and youth, the county department or state agency shall notify the responsible local educational agency.

59,56 Section 56. 115.81 (3) (b) 2. b. of the statutes is amended to read:

115.81 (3) (b) 2. b. If the responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The responsible local educational agency may include appropriately licensed staff of the child caring institution residential care center for children and youth in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.

59,57 Section 57. 115.81 (4) (intro.) of the statutes is amended to read:

115.81 (4) Responsibility for educational placement. (intro.) Whenever the responsible local educational agency offers an educational placement in a child caring institution residential care center for children and youth under sub. (3) (b) 1. or 2. b., all of the following apply:

59,58 Section 58. 115.81 (4) (a) 3. of the statutes is amended to read:

115.81 (4) (a) 3. While the child resides at a child caring institution residential care center for children and youth, appoint an individualized education program team to conduct reevaluations of the child in the manner provided under s. 115.782 (4).

59,59 Section 59. 115.81 (4) (a) 4. of the statutes is amended to read:

115.81 (4) (a) 4. While the child resides at a child caring institution residential care center for children and youth, after consulting with the child caring institution residential care center for children and youth and a county department or a state agency, as appropriate, refer the child to another local educational agency if the responsible local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.

59,60 Section 60. 115.81 (4) (a) 5. of the statutes is amended to read:

115.81 (4) (a) 5. If the child is leaving the child caring institution residential care center for children and youth, assign staff or an individualized education program team to develop a reintegration plan for the child in cooperation with a county department and staff of the child caring institution residential care center for children and youth.

59,61 Section 61. 115.81 (4) (b) 1. of the statutes is amended to read:

115.81 (4) (b) 1. Consider the child's educational needs when selecting a child caring institution residential care center for children and youth for the child.

59,62 Section 62. 115.81 (4) (b) 2. of the statutes is amended to read:

115.81 (4) (b) 2. In cooperation with the responsible local educational agency and staff of the child caring institution residential care center for children and youth, participate in the individualized education program team evaluation of the child and the development of the individualized education program for the child.

59,63 Section 63. 115.81 (4) (b) 3. of the statutes is amended to read:

115.81 (4) (b) 3. Notify the local educational agency that will be responsible for providing a free, appropriate public education to the child whenever the county department or state agency anticipates removing the child from the child caring institution residential care center for children and youth.

59,64 Section 64. 115.81 (4) (b) 4. of the statutes is amended to read:

115.81 (4) (b) 4. In cooperation with the responsible local educational agency and staff of the child caring institution residential care center for children and youth, develop a reintegration plan for the child if the child is leaving the child caring institution residential care center for children and youth.

59,65 Section 65. 115.81 (4) (b) 5. of the statutes is amended to read:

115.81 (4) (b) 5. Pay all of the child caring institution residential care center for children and youth related costs of educating the child while the child resides in the child caring institution residential care center for children and youth.

59,66 Section 66 . 146.82 (2) (a) 18m. of the statutes is amended to read:

146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or a secured correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile , or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

59,67 Section 67 . 252.15 (2) (am) 2. a. of the statutes is renumbered 252.15 (2) (am) 2. and amended to read:

252.15 (2) (am) 2. A health care provider who procures, processes, distributes or uses human ova donated as specified under s. 157.06 (6) (a) or (b) shall, prior to the distribution or use and with informed consent under the requirements of par. (b), test the proposed donor for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended, only if the state epidemiologist finds that use of donated human ova provides a significant risk of transmitting HIV to a donee and if, notwithstanding ss. 227.01 (13) and 227.10 (1), the secretary of health and family services issues an order specifying the requirements for the testing.

Note: Sections 67 and 68 require that donors of human ova be tested for HIV, antigen or non-antigenic products of HIV or an antibody to HIV regardless of whether the state epidemiologist finds that use of donated human ova presents a significant risk of transmitting HIV or the secretary of health and family services issues an order specifying the requirements for the tests. According to the department of health and family services, both the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration recommend HIV testing of donors of all human tissue intended for transplantation.

59,68 Section 68 . 252.15 (2) (am) 2. b. of the statutes is repealed.

59,69 Section 69 . 252.15 (5) (a) 19. of the statutes is amended to read:

252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

59,70 Section 70. 301.08 (1) (b) 3. of the statutes is amended to read:

301.08 (1) (b) 3. Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of secured correctional facilities, child caring institutions residential care centers for children and youth, as defined in s. 938.02 (2c) (15d), and secured child caring institutions for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m). The department may designate a secured correctional facility, child caring institution residential care center for children and youth, or a secured child caring institution contracted for under this subdivision as a Type 2 secured correctional facility, as defined in s. 938.02 (20), and may designate a child caring institution residential care center for children and youth or secured child caring institution contracted for under this subdivision as a Type 2 child caring institution, as defined in s. 938.02 (19r).