AB655: Bill Text

AB655,25,13 115.81 (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.

AB655, s. 66 Section 66 . 146.82 (2) (a) 18m. of the statutes is amended to read:

AB655,26,9 146.82 (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.

AB655, s. 67 Section 67 . 252.15 (2) (am) 2. a. of the statutes is renumbered 252.15 (2) (am) 2. and amended to read:

AB655,26,20 252.15 (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.

AB655, s. 68 Section 68 . 252.15 (2) (am) 2. b. of the statutes is repealed.

AB655, s. 69 Section 69 . 252.15 (5) (a) 19. of the statutes is amended to read:

AB655,27,20 252.15 (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.

AB655, s. 70 Section 70. 301.08 (1) (b) 3. of the statutes is amended to read:

AB655,28,8 301.08 (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).

AB655, s. 71 Section 71. 301.12 (14) (b) of the statutes is amended to read:

AB655,28,18 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB655, s. 72 Section 72. 301.26 (4) (d) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB655,29,4 301.26 (4) (d) 2. Beginning on July 1, 2001, and ending on June 30, 2002, the per person daily cost assessment to counties shall be $167.57 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $167.57 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $213 for care in a child caring institution, including a secured child caring institution residential care center for children and youth, $129 for care in a group home for children, $41 for care in a foster home, $81 for care in a treatment foster home, $82.56 for departmental corrective sanctions services, and $21.96 for departmental aftercare services.

AB655, s. 73 Section 73. 301.26 (4) (d) 3. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB655,29,15 301.26 (4) (d) 3. Beginning on July 1, 2002, and ending on June 30, 2003, the per person daily cost assessment to counties shall be $172.51 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $172.51 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $226 for care in a child caring institution, including a secured child caring institution residential care center for children and youth, $135 for care in a group home for children, $43 for care in a foster home, $85 for care in a treatment foster home, $84.50 for departmental corrective sanctions services and $22.66 for departmental aftercare services.

AB655, s. 74 Section 74. 767.29 (3) (b) of the statutes is amended to read:

AB655,30,2 767.29 (3) (b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a child caring institution residential care center for children and youth, juvenile correctional institution, or state mental institution, the right of the child to support during the period of the child's confinement, including any right to unpaid support accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a child caring institution residential care center for children and youth, juvenile correctional institution, or state mental institution includes support for one or more other children, the support that is assigned to the state shall be the proportionate share of the child placed in the center or institution, except as otherwise ordered by the court or family court commissioner on the motion of a party.

AB655, s. 75 Section 75. 938.02 (2c) of the statutes is renumbered 938.02 (15d) and amended to read:

AB655,30,7 938.02 (15d) "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 persons residing in that facility.

AB655, s. 76 Section 76. 938.02 (15g) of the statutes is amended to read:

AB655,30,12 938.02 (15g) "Secured child caring institution" means a child caring institution residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

AB655, s. 77 Section 77. 938.02 (19r) of the statutes is amended to read:

AB655,30,18 938.02 (19r) "Type 2 child caring institution" means a child caring institution residential care center for children and youth that is designated by the department to provide care and maintenance for juveniles who have been placed in the child caring institution residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

AB655, s. 78 Section 78. 938.08 (3) (a) 1. of the statutes is amended to read:

AB655,30,22 938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility, a child caring institution residential care center for children and youth, or a secured group home.

AB655, s. 79 Section 79. 938.08 (3) (a) 2. of the statutes is amended to read:

AB655,31,3 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility, a child caring institution residential care center for children and youth, or a secured group home after any authorized absence.

AB655, s. 80 Section 80. 938.08 (3) (b) of the statutes is amended to read:

AB655,31,9 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility, child caring institution residential care center for children and youth, or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB655, s. 81 Section 81 . 938.33 (4) (intro.) of the statutes is amended to read:

AB655,31,16 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured child caring institution residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

AB655, s. 82 Section 82 . 938.34 (3) (d) of the statutes is amended to read:

AB655,31,19 938.34 (3) (d) A child caring institution residential treatment center operated by a child welfare agency licensed under s. 48.60.

Note: This Section changes the term "child caring institution" to "residential treatment center" and clarifies that it is the child welfare agency operating the residential treatment center, and not the residential treatment center itself, that is licensed under s. 48.60.

AB655, s. 83 Section 83 . 938.371 (1) of the statutes is amended to read:

AB655,32,7 938.371 (1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

AB655,32,15 (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent , or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

AB655,32,21 (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655,33,2 (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent , or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 84 Section 84. 938.371 (3) (intro.) of the statutes is amended to read:

AB655,33,16 938.371 (3) (intro.) At the time of placement of a juvenile in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB655, s. 85 Section 85. 938.371 (3) (a) of the statutes is amended to read:

AB655,33,22 938.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. The foster parent, treatment foster parent , or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this subsection shall keep the information confidential.

AB655, s. 86 Section 86. 938.371 (3) (b) of the statutes is amended to read:

AB655,34,4 938.371 (3) (b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 87 Section 87. 938.371 (3) (c) of the statutes is amended to read:

AB655,34,10 938.371 (3) (c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 88 Section 88. 938.371 (3) (d) of the statutes is amended to read:

AB655,34,22 938.371 (3) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 89 Section 89. 938.38 (2) (intro.) of the statutes is amended to read:

AB655,35,5 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, secure detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

AB655, s. 90 Section 90. 938.51 (1d) (intro.) of the statutes is amended to read:

AB655,35,16 938.51 (1d) (intro.) At least 15 days prior to the release from a nonsecured child caring institution residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have committed a violation of ch. 940 or of s. 948.02, 948.025, or 948.03, and at least 15 days prior to the release from a nonsecured child caring institution residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department or county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:

AB655, s. 91 Section 91. 938.51 (4) (intro.) of the statutes is amended to read:

AB655,36,5 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution center, home, or jail, or has been allowed to leave a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:

AB655, s. 92 Section 92. 938.538 (3) (a) 1p. of the statutes is amended to read:

AB655,36,9 938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured child caring institution.

AB655, s. 93 Section 93. 938.539 (5) of the statutes is amended to read:

AB655,36,24 938.539 (5) With respect to a juvenile who is placed in a child caring institution residential care center for children and youth or a secured child caring institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the child caring institution residential care center for children and youth or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that child caring institution residential care center for children and youth, secured child caring institution , or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a child caring institution residential care center for children and youth, secured child caring institution, or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).

AB655, s. 94 Section 94. 938.57 (3) (a) 4. of the statutes is amended to read:

AB655,37,2 938.57 (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.

AB655, s. 95 Section 95 . 938.78 (3) of the statutes is amended to read:

AB655,37,24 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m), or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution center, or jail, or has been allowed to leave a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, institution center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB655, s. 96 Section 96. 940.295 (2) (m) of the statutes is amended to read:

AB655,38,3 940.295 (2) (m) An institution A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children.

Note: This Section eliminates a vague reference to an "institution" operated by a child welfare agency and replaces that vague reference with a specific reference 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.

AB655, s. 97 Section 97. Initial applicability.

AB655,38,9 (1) Council on developmental disabilities. The treatment of sections 15.197 (11n) (intro.), (a) (intro.), 1. to 3., and 4., (am) (intro.), 2., and 3., (b), (bm), (c), (cm), and (d) and 51.437 (14r) (a) 7. and (c) of the statutes first applies to appointments or reappointments of members of the council on developmental disabilities made on the effective date of this subsection.

AB655,38,10 (End)