SB481: Bill Text

SB481,16,3 48.43 (7) If the agency specified under sub. (1) (a) is the department and a permanent adoptive placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department or, in a county having a population of 500,000 or more, the Milwaukee County child welfare district. The court shall transfer the child's custody to the county department or child welfare district specified in the petition. The department shall remain the child's guardian.

SB481, s. 31 Section 31. 48.48 (17) (a) 3. of the statutes is amended to read:

SB481,16,17 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.

SB481, s. 32 Section 32. 48.48 (17) (a) 11. of the statutes is amended to read:

SB481,16,22 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.

SB481, s. 33 Section 33. 48.562 of the statutes is created to read:

SB481,17,4 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:

SB481,17,5 (a) Adopts an enabling resolution that does all of the following:

SB481,17,6 1. Establishes the Milwaukee County child welfare district.

SB481,17,8 2. Specifies the district's primary purpose, which shall be to provide, under contract with the department, child welfare services under this chapter.

SB481,17,10 (b) Files copies of the enabling resolution with the secretary of administration, the secretary of health and family services, and the secretary of revenue.

SB481,17,12 (2) Jurisdiction. The Milwaukee County child welfare district's jurisdiction is the geographical area of Milwaukee County.

SB481,17,16 (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.

SB481,17,21 (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.

SB481,18,2 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.

SB481,18,8 (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 the member's successor is appointed, unless the member is removed for cause under s. 17.13.

SB481,18,15 (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.

SB481,18,21 (4) Powers. The Milwaukee County child welfare district has all of the powers necessary or convenient to provide, under contract with the department, child welfare services under this chapter, including all of the powers of the department relating to the provision of those services in a county having a population of 500,000 or more that the department, by contract, authorizes the district to exercise. In addition to those powers, the district may do all of the following:

SB481,18,22 (a) Adopt and alter, at pleasure, an official seal.

SB481,19,2 (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 the department in a county having a population of 500,000 or more and with the terms of the district's contract with the department under par. (d).

SB481,19,3 (c) Sue and be sued.

SB481,19,5 (d) Negotiate and enter into leases or contracts, including a contract with the department to provide child welfare services under this chapter.

SB481,19,7 (e) Provide services to children and families, in addition to the services funded under the contract with the department under par. (d).

SB481,19,9 (f) Acquire, construct, equip, maintain, improve, and manage facilities necessary for the provision of child welfare services under this chapter.

SB481,19,14 (g) Subject to sub. (8), employ any agent, employee, or special adviser that the district finds necessary; fix and regulate that person's compensation; and provide that person, either directly or as a participant in a benefit plan of another governmental entity under an agreement under s. 66.0301, with any employee benefits, including an employee pension plan.

SB481,19,15 (h) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB481,19,17 (i) Buy, sell, or lease property, including real estate, and maintain or dispose of the property.

SB481,19,19 (j) Invest any funds not required for immediate disbursement in any of the following:

SB481,19,21 1. An interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b).

SB481,19,23 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.

SB481,20,3 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.

SB481,20,6 (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).

SB481,20,10 (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.

SB481,20,12 (m) Make and execute other instruments necessary or convenient to exercise the powers of the district.

SB481,20,14 (5) Limitation on powers. The Milwaukee County child welfare district may not issue bonds or levy a tax or assessment.

SB481,20,16 (6) Duties. The Milwaukee County child welfare district board shall do all of the following:

SB481,20,17 (a) Appoint a director, who shall hold office at the pleasure of the board.

SB481,20,19 (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employees of the district.

SB481,20,21 (c) Ensure compliance with the terms of any contract with the department under sub. (4) (d).

SB481,20,23 (d) Establish a fiscal operating year and annually adopt a budget for the district.

SB481,20,24 (e) Contract for any legal services required for the district.

SB481,21,5 (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, under an agreement under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB481,21,7 (7) Director; duties. The director appointed under sub. (6) (a) shall do all of the following:

SB481,21,9 (a) Manage the property and business of the district and manage the employees of the district, subject to the general control of the board.

SB481,21,11 (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the board.

SB481,21,13 (c) Perform such duties, in addition to those specified in pars. (a) and (b), as are prescribed by the board.

SB481,21,15 (8) Employment and employee benefits of certain employees. (a) The Milwaukee County child welfare district board shall do all of the following:

SB481,22,2 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, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the expiration of that collective bargaining agreement or the 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.

SB481,22,11 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, initially provide that individual the same compensation and benefits that the individual received while employed by the county.

SB481,22,18 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, recognize all years of service that the individual had 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.

SB481,22,20 (b) The county board of supervisors of the area of jurisdiction of the Milwaukee County child welfare district shall do all of the following:

SB481,22,22 1. Provide that district employees are eligible to participate in the county retirement system.

SB481,23,2 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.

SB481,23,7 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.

SB481,23,12 (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).

SB481,23,15 (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.

SB481,23,20 (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 Milwaukee County child welfare district may appropriate moneys to the district as a gift or may lend moneys to the district.

SB481,24,3 (12) Dissolution. Subject to the performance of its contractual obligations and to prior approval by the secretary of health and family services, the Milwaukee County child welfare district may be dissolved by 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.

SB481, s. 34 Section 34. 48.62 (1) (a) of the statutes is amended to read:

SB481,24,11 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 35 Section 35. 48.62 (1) (b) of the statutes is amended to read:

SB481,24,17 48.62 (1) (b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 36 Section 36. 48.62 (2) of the statutes is amended to read:

SB481,25,9 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department A public licensing agency or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department A public licensing agency or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB481, s. 37 Section 37. 48.62 (3) of the statutes is amended to read:

SB481,25,16 48.62 (3) When the department, a county department a public licensing agency or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department public licensing agency or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment foster home has been licensed in the school district.

SB481, s. 38 Section 38. 48.627 (2) (a) of the statutes is amended to read:

SB481,26,2 48.627 (2) (a) Before the department, a county department a public licensing agency, as defined in s. 48.75 (1b), or a licensed child welfare agency may issue, renew, or continue a foster home, treatment foster home, or family-operated group home license, the public licensing agency or licensed child welfare agency shall require the applicant to furnish proof satisfactory to the public licensing agency or licensed child welfare agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home, or family-operated group home that result in bodily injury or property damage to 3rd parties.

SB481, s. 39 Section 39. 48.627 (2) (b) of the statutes is amended to read:

SB481,26,9 48.627 (2) (b) A public licensing agency or licensed child welfare agency may, in accordance with rules promulgated by the department, waive the requirement under par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled, or that payment of the premium for the required insurance would cause undue financial hardship.

SB481, s. 40 Section 40. 48.627 (2) (d) of the statutes is amended to read:

SB481,26,12 48.627 (2) (d) The public licensing agency or licensed child welfare agency shall specify the amounts of liability insurance coverage required under par. (a).

SB481, s. 41 Section 41. 48.63 (1) of the statutes is amended to read:

SB481,27,5 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, the Milwaukee County child welfare district, or a child welfare agency licensed to place children in foster homes or, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

SB481, s. 42 Section 42. 48.64 (1) of the statutes is amended to read:

SB481,27,11 48.64 (1) Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department . The Milwaukee County child welfare district, or a licensed child welfare agency authorized to place children in foster homes or, treatment foster homes, or group homes.

SB481, s. 43 Section 43. 48.64 (1r) of the statutes is amended to read:

SB481,27,17 48.64 (1r) Notification of school district. When an agency places a school-age child in a foster home, treatment foster home, or a group home, the agency shall notify the clerk of the school district in which the foster home, treatment foster home, or group home is located that a school-age child has been placed in a foster home, treatment foster home, or group home in the school district.

SB481, s. 44 Section 44. 48.64 (4) (a) of the statutes is amended to read:

SB481,28,25 48.64 (4) (a) Any decision or order issued by an agency that affects the head of a foster, treatment foster, or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, child welfare district, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department , child welfare district, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB481, s. 45 Section 45. 48.685 (2) (am) (intro.) of the statutes is amended to read:

SB481,29,8 48.685 (2) (am) (intro.) The department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651:

SB481, s. 46 Section 46. 48.685 (2) (am) 5. of the statutes is amended to read:

SB481,29,20 48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with , or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board need not obtain the information specified in subds. 1. to 4.

SB481, s. 47 Section 47. 48.685 (2) (bb) of the statutes is amended to read:

SB481,30,15 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, Milwaukee County child welfare district, school board , or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 , or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB481, s. 48 Section 48. 48.685 (2) (bd) of the statutes is amended to read:

SB481,31,7 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, Milwaukee County child welfare district, child welfare agency, school board , or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency , the Milwaukee County child welfare district, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

SB481, s. 49 Section 49. 48.685 (2) (bm) of the statutes is amended to read: