Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,169,12 802. Page 576, line 25: delete that line.

SB55-SSA1-SA2,169,13 803. Page 577, line 1: delete lines 1 to 12 and substitute:

SB55-SSA1-SA2,169,14 " Section 1585d. 48.366 (8) of the statutes is amended to read:

SB55-SSA1-SA2,170,5 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).".

SB55-SSA1-SA2,170,6 804. Page 578, line 6: after that line insert:

SB55-SSA1-SA2,170,7 " Section 1617c. 48.48 (17) (a) 3. of the statutes is amended to read:

SB55-SSA1-SA2,170,20 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for those children by licensed child welfare agencies or by the Milwaukee County child welfare district, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

SB55-SSA1-SA2, s. 1617s Section 1617s. 48.48 (17) (a) 11. of the statutes is amended to read:

SB55-SSA1-SA2,171,2 48.48 (17) (a) 11. Contract with the county department under s. 46.215, 51.42, or 51.437 or, with a licensed child welfare agency, or with the Milwaukee County child welfare district to provide any of the services that the department is authorized to provide under this chapter.".

SB55-SSA1-SA2,171,3 805. Page 580, line 10: after that line insert:

SB55-SSA1-SA2,171,4 " Section 1624g. 48.562 of the statutes is created to read:

SB55-SSA1-SA2,171,10 48.562 Milwaukee County child welfare district. (1) Creation. The county board of supervisors of a county having a population of 500,000 or more may create a special purpose district that is termed the "Milwaukee County child welfare district," that is a local unit of government, that is separate and distinct from, and independent of, the state and the county, and that has the powers and duties specified in this section, if the county board does all of the following:

SB55-SSA1-SA2,171,11 (a) Adopts an enabling resolution that does all of the following:

SB55-SSA1-SA2,171,12 1. Establishes the Milwaukee County child welfare district.

SB55-SSA1-SA2,171,14 2. Specifies the district's primary purpose, which shall be to provide, under contract with the department, child welfare services under this chapter.

SB55-SSA1-SA2,171,16 (b) Files copies of the enabling resolution with the secretary of administration, the secretary of health and family services, and the secretary of revenue.

SB55-SSA1-SA2,171,19 (2) Jurisdiction. The Milwaukee County child welfare district's jurisdiction is the geographical area of the county of the county board of supervisors that created the district.

SB55-SSA1-SA2,171,23 (3) Milwaukee County child welfare district board. (a) The county executive of a county having a population of 500,000 or more shall appoint the members of the Milwaukee County child welfare district board, which is the governing board of the Milwaukee County child welfare district.

SB55-SSA1-SA2,172,5 (b) 1. The Milwaukee County child welfare district board shall consist of 15 persons who are residents of the area of jurisdiction of the district. At least one-fourth of the members shall be representative of the client groups whom it is the district's primary purpose to serve or the family members, guardians, or other advocates of the children and families that are served by the district.

SB55-SSA1-SA2,172,11 2. Membership of the Milwaukee County child welfare district board shall reflect the ethnic and economic diversity of the area of jurisdiction of the district. No member of the board may be an elected or appointed official or employee of the county that created the district. No member of the board may have a private financial interest in or profit directly or indirectly from any contract or other business of the district.

SB55-SSA1-SA2,172,16 (c) The members of the Milwaukee County child welfare district board shall serve 5-year terms. No member may serve more than 2 consecutive terms. Of the members first appointed, 5 shall be appointed for 3 years; 5 shall be appointed for 4 years; and 5 shall be appointed for 5 years. A member shall serve until his or her successor is appointed, unless removed for cause under s. 17.13.

SB55-SSA1-SA2,172,23 (d) As soon as possible after the appointment of the initial members of the Milwaukee County child welfare district board, the board shall organize for the transaction of business and elect a chairperson and other necessary officers. Each chairperson shall be elected by the board from time to time for the term of that chairperson's office as a member of the board or for the term of 3 years, whichever is shorter, and shall be eligible for reelection. A majority of the board shall constitute a quorum. The board may act based on the affirmative vote of a majority of a quorum.

SB55-SSA1-SA2,173,3 (4) Powers. The Milwaukee County child welfare district has all the powers necessary or convenient to carry out the purposes specified in sub. (1) (a) 2., including all the powers relating to the provision of child welfare services of a county department providing child welfare services. In addition to those powers, the district may do all of the following:

SB55-SSA1-SA2,173,4 (a) Adopt and alter, at pleasure, an official seal.

SB55-SSA1-SA2,173,9 (b) Adopt bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies, and procedures shall comply with all state laws, rules, policies, and procedures governing the provision of child welfare services by a county department and with the terms of the district's contract with the department under par. (d).

SB55-SSA1-SA2,173,10 (c) Sue and be sued.

SB55-SSA1-SA2,173,12 (d) Negotiate and enter into leases or contracts, including a contract with the department to provide child welfare services under this chapter.

SB55-SSA1-SA2,173,14 (e) Provide services to children and families, in addition to the services funded under the contract with the department under par. (d).

SB55-SSA1-SA2,173,16 (f) Acquire, construct, equip, maintain, improve, and manage facilities necessary for the provision of child welfare services under this chapter.

SB55-SSA1-SA2,173,21 (g) Subject to sub. (8), employ any agent, employee, or special adviser that the district finds necessary; fix and regulate his or her compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

SB55-SSA1-SA2,173,22 (h) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB55-SSA1-SA2,173,24 (i) Buy, sell, or lease property, including real estate, and maintain or dispose of the property.

SB55-SSA1-SA2,174,2 (j) Invest any funds not required for immediate disbursement in any of the following:

SB55-SSA1-SA2,174,4 1. An interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b).

SB55-SSA1-SA2,174,6 2. Time deposits in any financial institution, as defined in s. 69.30 (1) (b), if the time deposits mature in not more than 2 years.

SB55-SSA1-SA2,174,9 3. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board, or other instrumentality of the federal government.

SB55-SSA1-SA2,174,12 (k) Create a risk reserve or other special reserve as the district board desires or as the department requires under the district's contract with the department under par. (d).

SB55-SSA1-SA2,174,16 (L) Accept aid, including loans, to accomplish the purpose of the district from any local, state, or federal governmental agency or accept gifts, loans, grants, or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant, or bequest is furnished are not in conflict with this section.

SB55-SSA1-SA2,174,18 (m) Make and execute other instruments necessary or convenient to exercise the powers of the district.

SB55-SSA1-SA2,174,20 (5) Limitation on powers. The Milwaukee County child welfare district may not issue bonds or levy a tax or assessment.

SB55-SSA1-SA2,174,22 (6) Duties. The Milwaukee County child welfare district board shall do all of the following:

SB55-SSA1-SA2,174,23 (a) Appoint a director, who shall hold office at the pleasure of the board.

SB55-SSA1-SA2,174,25 (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employees of the district.

SB55-SSA1-SA2,175,2 (c) Assure compliance with the terms of any contract with the department under sub. (4) (d).

SB55-SSA1-SA2,175,4 (d) Establish a fiscal operating year and annually adopt a budget for the district.

SB55-SSA1-SA2,175,5 (e) Contract for any legal services required for the district.

SB55-SSA1-SA2,175,10 (f) Subject to sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets, and other necessary insurance; establish and administer a plan of self-insurance; or, subject to an agreement under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB55-SSA1-SA2,175,12 (7) Director; duties. The director appointed under sub. (6) (a) shall do all of the following:

SB55-SSA1-SA2,175,14 (a) Manage the property and business of the district and manage the employees of the district, subject to the general control of the board.

SB55-SSA1-SA2,175,16 (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the board.

SB55-SSA1-SA2,175,18 (c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the board.

SB55-SSA1-SA2,175,20 (8) Employment and employee benefits of certain employees. (a) The Milwaukee County child welfare district board shall do all of the following:

SB55-SSA1-SA2,176,6 1. If the district offers employment to any individual who was previously employed by the county, who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, and whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

SB55-SSA1-SA2,176,15 2. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, but whose wages, hours, and conditions of employment were not established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date on which the individual commences employment with the district, with respect to that individual, initially provide that individual the same compensation and benefits that he or she received while employed by the county.

SB55-SSA1-SA2,176,22 3. If the district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, with respect to that individual, recognize all years of service with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

SB55-SSA1-SA2,177,3 4. If the county has not established its own retirement system for county employees, adopt a resolution that the Milwaukee County child welfare district be included within the provisions of the Wisconsin retirement system under s. 40.21 (1). In this resolution, the Milwaukee County child welfare district shall agree to recognize 100% of the prior creditable service of its employees earned by the employees while employed by the district.

SB55-SSA1-SA2,177,5 (b) The county board of supervisors of the area of jurisdiction of the district shall do all of the following:

SB55-SSA1-SA2,177,8 1. If the county has established its own retirement system for county employees, provide that district employees are eligible to participate in the county retirement system.

SB55-SSA1-SA2,177,12 2. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to receive health care coverage under any county health insurance plan that is offered to county employees.

SB55-SSA1-SA2,177,17 3. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., district employees are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employees, including disability and long-term care insurance coverage and income continuation insurance coverage.

SB55-SSA1-SA2,177,22 (9) Confidentiality of records. No record, as defined in s. 19.32 (2), of the Milwaukee County child welfare district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the district may be disclosed by the district without the individual's informed consent, except as permitted under s. 48.78 (2).

SB55-SSA1-SA2,177,25 (10) Obligations and debts not those of county. The obligations and debts of the Milwaukee County child welfare district are not the obligations or debts of the county that created the district.

SB55-SSA1-SA2,178,5 (11) Assistance to Milwaukee County child welfare district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors of the county that created the district may appropriate moneys to the Milwaukee County child welfare district as a gift or may lend moneys to the district.

SB55-SSA1-SA2,178,13 (12) Dissolution. Subject to the performance of its contractual obligations and to prior approval by the secretary of the department, the Milwaukee County child welfare district may be dissolved by the joint action of the district board and county board of supervisors of the county that created the district. If the district is dissolved, the property of the district shall be transferred to the county board of supervisors of the county that created the district except that if the district has funds in a risk reserve, disposition of those funds shall be made under the terms of the district's contract with the department.".

SB55-SSA1-SA2,178,14 806. Page 583, line 2: after that line insert:

SB55-SSA1-SA2,178,15 " Section 1636n. 48.75 (1b) of the statutes is amended to read:

SB55-SSA1-SA2,178,18 48.75 (1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department or, with the approval of the department, the Milwaukee County child welfare district.

SB55-SSA1-SA2, s. 1636p Section 1636p. 48.78 (1) of the statutes is amended to read:

SB55-SSA1-SA2,178,23 48.78 (1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, the Milwaukee County child welfare district, a licensed day care center, or a licensed maternity hospital.

SB55-SSA1-SA2, s. 1651h Section 1651h. 48.981 (1) (ag) of the statutes is amended to read:

SB55-SSA1-SA2,179,7 48.981 (1) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more or, a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section, or, if contracted by the department to perform investigations under this section in a county having a population of 500,000 or more, a licensed child welfare agency or the Milwaukee County child welfare district.".

SB55-SSA1-SA2,179,8 807. Page 583, line 6: delete "a licensed child".

SB55-SSA1-SA2,179,10 808. Page 583, line 7: delete "welfare" and substitute "a licensed child welfare".

SB55-SSA1-SA2,179,12 809. Page 583, line 13: delete "a licensed child welfare" and substitute "a licensed child welfare".

SB55-SSA1-SA2,179,14 810. Page 583, line 15: delete "licensed child welfare" and substitute " licensed child welfare".

SB55-SSA1-SA2,179,15 811. Page 583, line 17: delete "a licensed child welfare".

SB55-SSA1-SA2,179,17 812. Page 583, line 22: delete "a licensed child welfare" and substitute "a licensed child welfare".

SB55-SSA1-SA2,179,18 813. Page 584, line 3: delete "licensed child welfare".

SB55-SSA1-SA2,179,19 814. Page 584, line 13: delete lines 13 to 25.

SB55-SSA1-SA2,179,20 815. Page 585, line 1: delete lines 1 to 9 and substitute:

SB55-SSA1-SA2,179,21 " Section 1651tb. 48.981 (3) (c) 2. a. of the statutes is amended to read:

SB55-SSA1-SA2,180,5 48.981 (3) (c) 2. a. If the person making the investigation is an employee of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the child's best interest in terms of physical safety and physical health to remove the child from his or her home for immediate protection, he or she shall take the child into custody under s. 48.08 (2) or 48.19 (1) (c) and deliver the child to the intake worker under s. 48.20.

SB55-SSA1-SA2, s. 1651td Section 1651td. 48.981 (3) (c) 2m. a. of the statutes is amended to read:

SB55-SSA1-SA2,180,14 48.981 (3) (c) 2m. a. If the person making the investigation is an employee of the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department and he or she determines that it is consistent with the best interest of the unborn child in terms of physical safety and physical health to take the expectant mother into custody for the immediate protection of the unborn child, he or she shall take the expectant mother into custody under s. 48.08 (2), 48.19 (1) (cm), or 48.193 (1) (c) and deliver the expectant mother to the intake worker under s. 48.20 or 48.203.

SB55-SSA1-SA2, s. 1651tf Section 1651tf. 48.981 (3) (c) 3. of the statutes is amended to read:

SB55-SSA1-SA2,181,3 48.981 (3) (c) 3. If the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines that a child, any member of the child's family, or the child's guardian or legal custodian is in need of services or that the expectant mother of an unborn child is in need of services, the county department, or department or licensed child welfare agency shall offer to provide appropriate services or to make arrangements for the provision of services. If the child's parent, guardian, or legal custodian or the expectant mother refuses to accept the services, the county department, or department or licensed child welfare agency may request that a petition be filed under s. 48.13 alleging that the child who is the subject of the report or any other child in the home is in need of protection or services or that a petition be filed under s. 48.133 alleging that the unborn child who is the subject of the report is in need of protection or services.

SB55-SSA1-SA2, s. 1651th Section 1651th. 48.981 (3) (c) 4. of the statutes is amended to read:

SB55-SSA1-SA2,181,17 48.981 (3) (c) 4. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report, whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian, or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.

SB55-SSA1-SA2, s. 1651tj Section 1651tj. 48.981 (3) (c) 5m. of the statutes is amended to read: