Amendment SA2-SSA1-SB55

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:

SB55-SSA1-SA2,182,8 48.981 (3) (c) 5m. 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 under subd. 4. that a specific person has abused or neglected a child, the county department, or department or licensed child welfare agency, within 15 days after the date of the determination, shall notify the person in writing of the determination, the person's right to appeal the determination, and the procedure by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal under this subdivision to be held in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.

SB55-SSA1-SA2, s. 1651tk Section 1651tk. 48.981 (3) (c) 7. of the statutes is amended to read:

SB55-SSA1-SA2,182,22 48.981 (3) (c) 7. 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 cooperate with law enforcement officials, courts of competent jurisdiction, tribal governments, and other human services agencies to prevent, identify, and treat child abuse and neglect and unborn child abuse. 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 coordinate the development and provision of services to abused and neglected children, to abused unborn children to families in which child abuse or neglect has occurred, to expectant mothers who have abused their unborn children, to children and families when circumstances justify a belief that abuse or neglect will occur, and to the expectant mothers of unborn children when circumstances justify a belief that unborn child abuse will occur.

SB55-SSA1-SA2, s. 1651tm Section 1651tm. 48.981 (3) (c) 8. of the statutes is amended to read:

SB55-SSA1-SA2,183,12 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare an agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. This information shall be used by the department to monitor services provided by county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

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

SB55-SSA1-SA2,183,23 48.981 (3) (cm) Contract with licensed child welfare agencies. Contract with agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 6., 6m., and 8. The department may contract with a licensed child welfare agency or with the Milwaukee County child welfare district to fulfill the department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 6., 6m., 7., 8., and 9. in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts and to the Milwaukee County child welfare district, if the department contracts with the district.

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

SB55-SSA1-SA2,184,7 48.981 (3) (d) Independent investigation. 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent, or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 or by a child welfare an agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under s. 46.22.

SB55-SSA1-SA2,184,22 2. If an agent or employee of an agency required to investigate under this subsection is the subject of a report, or if the agency determines that, because of the relationship between the agency and the subject of a report, there is a substantial probability that the agency would not conduct an unbiased investigation, the agency shall, after taking any action necessary to protect the child or unborn child, notify the department. Upon receipt of the notice, the department, in a county having a population of less than 500,000, or a county department or child welfare an agency designated by the department in any county shall conduct an independent investigation. If the department designates a county department under s. 46.22, 46.23, 51.42, or 51.437, that county department shall conduct the independent investigation. If a licensed child welfare agency or the Milwaukee County child welfare district agrees to conduct the independent investigation, the department may designate the child welfare agency or district to do so. The powers and duties of the department or designated county department or child welfare agency making an independent investigation are those given to county departments under par. (c).

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

SB55-SSA1-SA2,185,7 48.981 (5) Coroner's report. Any person or official required to report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney; to the department or, in a county having a population of 500,000 or more, to a licensed child welfare an agency under contract with the department; to the county department; and, if the institution making the report initially is a hospital, to the hospital.

SB55-SSA1-SA2, s. 1651tr Section 1651tr. 48.981 (7) (a) 5. of the statutes is amended to read:

SB55-SSA1-SA2,185,13 48.981 (7) (a) 5. A professional employee of a county department under s. 51.42 or 51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under s. 46.22 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.

SB55-SSA1-SA2, s. 1651tt Section 1651tt. 48.981 (7) (a) 6. of the statutes is amended to read:

SB55-SSA1-SA2,185,18 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by 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.

SB55-SSA1-SA2, s. 1651tv Section 1651tv. 48.981 (7) (a) 6m. of the statutes is amended to read:

SB55-SSA1-SA2,185,25 48.981 (7) (a) 6m. A person employed by a child advocacy center recognized by the county board, 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, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department, or the licensed child welfare agency.

SB55-SSA1-SA2, s. 1651tx Section 1651tx. 48.981 (7) (a) 15. of the statutes is amended to read:

SB55-SSA1-SA2,186,4 48.981 (7) (a) 15. A child fatality review team recognized by 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.

SB55-SSA1-SA2, s. 1651w Section 1651w. 48.981 (8) (a) of the statutes is amended to read:

SB55-SSA1-SA2,187,2 48.981 (8) (a) The department, the county departments , and a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency the agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons, and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services, and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or, in a county having a population of 500,000 or more, the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department, the county departments, and a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB55-SSA1-SA2, s. 1651x Section 1651x. 48.981 (8) (c) of the statutes is amended to read:

SB55-SSA1-SA2,187,10 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department, a county department, or a licensed child welfare an agency under contract with the department in a county having a population of 500,000 or more may contract with any public or private organization which that meets the standards set by the department. In entering into the contracts the department, county department, or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.".

SB55-SSA1-SA2,187,11 816. Page 586, line 13: after that line insert:

SB55-SSA1-SA2,187,12 " Section 1656h. 48.985 (5) of the statutes is created to read:

SB55-SSA1-SA2,187,17 48.985 (5) Milwaukee child welfare aids. Of the amounts received under 42 USC 620 to 626 and credited to the appropriation account under s. 20.435 (3) (nL), the department shall transfer $58,600 in fiscal year 2001-02 and $66,800 in fiscal year 2002-03 to the appropriation account under s. 20.435 (3) (kw) and shall expend those moneys to provide services to children and families under s. 48.48 (17).".

SB55-SSA1-SA2,187,19 817. Page 586, line 14: delete "Section 1656tym" and substitute "Section 1656sy".

SB55-SSA1-SA2,187,20 818. Page 588, line 4: after that line insert:

SB55-SSA1-SA2,187,21 " Section 1656tkf. 49.124 (1m) (e) of the statutes is created to read:

SB55-SSA1-SA2,187,24 49.124 (1m) (e) 1. In this paragraph, "area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, village or town; or a federally recognized American Indian reservation.

SB55-SSA1-SA2,188,4 2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under par. (a) for any group of individuals, as authorized under 7 USC 2015, who meet any of the following requirements:

SB55-SSA1-SA2,188,6 a. The group resides in an area determined by the department to have an unemployment rate of over 10%.

SB55-SSA1-SA2,188,8 b. The group resides in an area that the department determines does not have a sufficient number of jobs to provide employment for that group of individuals.

SB55-SSA1-SA2,188,10 3. If the waiver under subd. 2. is granted and in effect, the department shall implement the waiver.

SB55-SSA1-SA2, s. 1656tkg Section 1656tkg. 49.124 (1m) (e) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 49.13 (2) (e).".

SB55-SSA1-SA2,188,13 819. Page 593, line 19: after that line insert:

SB55-SSA1-SA2,188,14 " Section 8657d. 49.141 (1) (g) of the statutes is amended to read:

SB55-SSA1-SA2,188,17 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (2) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.".

SB55-SSA1-SA2,188,18 820. Page 593, line 19: after that line insert:

SB55-SSA1-SA2,188,19 " Section 9657d. 49.141 (1) (cm) of the statutes is created to read:

SB55-SSA1-SA2,188,20 49.141 (1) (cm) "Domestic abuse" means any of the following:

SB55-SSA1-SA2,188,22 1. Physical acts that result in, or threaten to result in, physical injury to an individual.

SB55-SSA1-SA2,188,23 2. Sexual abuse.

SB55-SSA1-SA2,188,24 3. Sexual activity involving a dependent child.

SB55-SSA1-SA2,189,1 4. Being forced to engage in nonconsensual sexual acts or activities.

SB55-SSA1-SA2,189,2 5. Threats of, or attempts at, physical or sexual abuse.

SB55-SSA1-SA2,189,3 6. Mental abuse.

SB55-SSA1-SA2,189,4 7. Neglect or deprivation of medical care.".

SB55-SSA1-SA2,189,5 821. Page 593, line 19: after that line insert:

SB55-SSA1-SA2,189,7 " Section 1657fb. 49.141 (2g) (a) (intro.) of the statutes is renumbered 49.141 (2g) (a) and amended to read:

SB55-SSA1-SA2,189,10 49.141 (2g) (a) The department shall contract with the legislative audit bureau to conduct, biennially, a financial and performance audit of Wisconsin works. The legislative audit bureau shall include in its audit all of the following:

SB55-SSA1-SA2, s. 1657fc Section 1657fc. 49.141 (2g) (a) 1. of the statutes is repealed.

SB55-SSA1-SA2, s. 1657fcc Section 1657fcc. 49.141 (2g) (a) 2. of the statutes is repealed.

SB55-SSA1-SA2, s. 1657fd Section 1657fd. 49.141 (2g) (b) of the statutes is amended to read:

SB55-SSA1-SA2,189,16 49.141 (2g) (b) The legislative audit bureau shall file the each audit no later than July 1, 2000, January 1 of each odd-numbered year in the manner described under s. 13.94 (1) (b).

SB55-SSA1-SA2, s. 1657ff Section 1657ff. 49.141 (2g) (c) of the statutes is created to read:

SB55-SSA1-SA2,189,19 49.141 (2g) (c) The department shall pay all or a portion of the costs of conducting the audits, as requested by the legislative audit bureau.".

SB55-SSA1-SA2,189,20 822. Page 593, line 21: delete "par." and substitute "pars. (ak) and".

SB55-SSA1-SA2,189,21 823. Page 594, line 13: after that line insert:

SB55-SSA1-SA2,189,22 " Section 1657k. 49.143 (1) (ak) of the statutes is created to read:

SB55-SSA1-SA2,190,8 49.143 (1) (ak) If a Wisconsin works agency that is not a county department under s. 46.215, 46.22, or 46.23 elects under par. (ag) not to enter into a contract under par. (a) 2., the department shall contract with the county department under s. 46.215, 46.22, or 46.23 of the county in which the Wisconsin works agency administered Wisconsin works, to administer Wisconsin works in the geographical area for which the Wisconsin works agency contracted. A county department may elect not to enter into a contract under this paragraph if the county department notifies the department by the date established by the department. If a county department elects not to enter into a contract under this paragraph, the department shall award contracts under the competitive process under par. (a) 1.".

SB55-SSA1-SA2,190,10 824. Page 594, line 16: delete "If" and substitute "Notwithstanding par. (ak), if".

SB55-SSA1-SA2,190,11 825. Page 594, line 24: delete "or (am)" and substitute "or (am) (ak)".

SB55-SSA1-SA2,190,12 826. Page 595, line 1: delete "or (am) 1." and substitute "or (am) 1. (ak)".

SB55-SSA1-SA2,190,13 827. Page 595, line 22: delete "or (am)" and substitute "or (am) (ak)".

SB55-SSA1-SA2,190,14 828. Page 595, line 25: after that line insert:

SB55-SSA1-SA2,190,15 " Section 1660bf. 49.143 (2) (g) of the statutes is created to read:

SB55-SSA1-SA2,190,23 49.143 (2) (g) Base any bonuses paid to employees of the Wisconsin works agency, or to any person with whom the Wisconsin works agency subcontracts to administer any part of Wisconsin works, on the employee's or person's success in helping participants increase their income above the federal poverty line and report quarterly to the department on the bonuses paid to any employee or person with whom the Wisconsin works agency contracts to administer any part of Wisconsin works. The department shall specify criteria for determining whether a bonus may be paid as specified in this paragraph.".