SB481, s. 32
18Section
32. 48.48 (17) (a) 11. of the statutes is amended to read:
SB481,16,2219
48.48
(17) (a) 11. Contract with the county department under s. 46.215, 51.42
, 20or 51.437
or, with a licensed child welfare agency
, or with the Milwaukee County
21child welfare district to provide any of the services that the department is authorized
22to provide under this chapter.
SB481, s. 33
23Section
33. 48.562 of the statutes is created to read:
SB481,17,4
2448.562 Milwaukee County child welfare district. (1) Creation. The
25county board of supervisors of a county having a population of 500,000 or more may
1create a special purpose district that is termed the "Milwaukee County child welfare
2district," that is a local unit of government, that is separate and distinct from, and
3independent of, the state and the county, and that has the powers and duties
4specified in this section, if the county board does all of the following:
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(a) Adopts an enabling resolution that does all of the following:
SB481,17,66
1. Establishes the Milwaukee County child welfare district.
SB481,17,87
2. Specifies the district's primary purpose, which shall be to provide, under
8contract with the department, child welfare services under this chapter.
SB481,17,109
(b) Files copies of the enabling resolution with the secretary of administration,
10the secretary of health and family services, and the secretary of revenue.
SB481,17,12
11(2) Jurisdiction. The Milwaukee County child welfare district's jurisdiction
12is the geographical area of Milwaukee County.
SB481,17,16
13(3) Milwaukee County child welfare district board. (a) The county executive
14of a county having a population of 500,000 or more shall appoint the members of the
15Milwaukee County child welfare district board, which is the governing board of the
16Milwaukee County child welfare district.
SB481,17,2117
(b) 1. The Milwaukee County child welfare district board shall consist of 15
18persons who are residents of the area of jurisdiction of the district. At least
19one-fourth of the members shall be representative of the client groups whom it is the
20district's primary purpose to serve or the family members, guardians, or other
21advocates of the children and families that are served by the district.
SB481,18,222
2. Membership of the Milwaukee County child welfare district board shall
23reflect the ethnic and economic diversity of the area of jurisdiction of the district. No
24member of the board may be an elected or appointed official or employee of the county
25that created the district. No member of the board may have a private financial
1interest in or profit directly or indirectly from any contract or other business of the
2district.
SB481,18,83
(c) The members of the Milwaukee County child welfare district board shall
4serve 5-year terms. No member may serve more than 2 consecutive terms. Of the
5members first appointed, 5 shall be appointed for 3 years; 5 shall be appointed for
64 years; and 5 shall be appointed for 5 years. A member shall serve until the
7member's successor is appointed, unless the member is removed for cause under s.
817.13.
SB481,18,159
(d) As soon as possible after the appointment of the initial members of the
10Milwaukee County child welfare district board, the board shall organize for the
11transaction of business and elect a chairperson and other necessary officers. Each
12chairperson shall be elected by the board from time to time for the term of that
13chairperson's office as a member of the board or for the term of 3 years, whichever
14is shorter, and shall be eligible for reelection. A majority of the board shall constitute
15a quorum. The board may act based on the affirmative vote of a majority of a quorum.
SB481,18,21
16(4) P
owers. The Milwaukee County child welfare district has all of the powers
17necessary or convenient to provide, under contract with the department, child
18welfare services under this chapter, including all of the powers of the department
19relating to the provision of those services in a county having a population of 500,000
20or more that the department, by contract, authorizes the district to exercise. In
21addition to those powers, the district may do all of the following:
SB481,18,2222
(a) Adopt and alter, at pleasure, an official seal.
SB481,19,223
(b) Adopt bylaws, policies, and procedures for the regulation of its affairs and
24the conduct of its business. The bylaws, policies, and procedures shall comply with
25all state laws, rules, policies, and procedures governing the provision of child welfare
1services by the department in a county having a population of 500,000 or more and
2with the terms of the district's contract with the department under par. (d).
SB481,19,33
(c) Sue and be sued.
SB481,19,54
(d) Negotiate and enter into leases or contracts, including a contract with the
5department to provide child welfare services under this chapter.
SB481,19,76
(e) Provide services to children and families, in addition to the services funded
7under the contract with the department under par. (d).
SB481,19,98
(f) Acquire, construct, equip, maintain, improve, and manage facilities
9necessary for the provision of child welfare services under this chapter.
SB481,19,1410
(g) Subject to sub. (8), employ any agent, employee, or special adviser that the
11district finds necessary; fix and regulate that person's compensation; and provide
12that person, either directly or as a participant in a benefit plan of another
13governmental entity under an agreement under s. 66.0301, with any employee
14benefits, including an employee pension plan.
SB481,19,1515
(h) Mortgage, pledge, or otherwise encumber the district's property or funds.
SB481,19,1716
(i) Buy, sell, or lease property, including real estate, and maintain or dispose
17of the property.
SB481,19,1918
(j) Invest any funds not required for immediate disbursement in any of the
19following:
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1. An interest-bearing escrow account with a financial institution, as defined
21in s. 69.30 (1) (b).
SB481,19,2322
2. Time deposits in any financial institution, as defined in s. 69.30 (1) (b), if the
23time deposits mature in not more than 2 years.
SB481,20,3
13. Bonds or securities issued or guaranteed as to principal and interest by the
2federal government or by a commission, board, or other instrumentality of the
3federal government.
SB481,20,64
(k) Create a risk reserve or other special reserve as the district board desires
5or as the department requires under the district's contract with the department
6under par. (d).
SB481,20,107
(L) Accept aid, including loans, to accomplish the purpose of the district from
8any local, state, or federal governmental agency or accept gifts, loans, grants, or
9bequests from individuals or entities, if the conditions under which the aid, loan, gift,
10grant, or bequest is furnished are not in conflict with this section.
SB481,20,1211
(m) Make and execute other instruments necessary or convenient to exercise
12the powers of the district.
SB481,20,14
13(5) Limitation on powers. The Milwaukee County child welfare district may
14not issue bonds or levy a tax or assessment.
SB481,20,16
15(6) Duties. The Milwaukee County child welfare district board shall do all of
16the following:
SB481,20,1717
(a) Appoint a director, who shall hold office at the pleasure of the board.
SB481,20,1918
(b) Subject to sub. (8), develop and implement a personnel structure and other
19employment policies for employees of the district.
SB481,20,2120
(c) Ensure compliance with the terms of any contract with the department
21under sub. (4) (d).
SB481,20,2322
(d) Establish a fiscal operating year and annually adopt a budget for the
23district.
SB481,20,2424
(e) Contract for any legal services required for the district.
SB481,21,5
1(f) Subject to sub. (8), procure liability insurance covering its officers,
2employees, and agents, insurance against any loss in connection with its property
3and other assets, and other necessary insurance; establish and administer a plan of
4self-insurance; or, under an agreement under s. 66.0301, participate in a
5governmental plan of insurance or self-insurance.
SB481,21,7
6(7) Director; duties. The director appointed under sub. (6) (a) shall do all of
7the following:
SB481,21,98
(a) Manage the property and business of the district and manage the employees
9of the district, subject to the general control of the board.
SB481,21,1110
(b) Comply with the bylaws and direct enforcement of all policies and
11procedures adopted by the board.
SB481,21,1312
(c) Perform such duties, in addition to those specified in pars. (a) and (b), as are
13prescribed by the board.
SB481,21,15
14(8) Employment and employee benefits of certain employees. (a) The
15Milwaukee County child welfare district board shall do all of the following:
SB481,22,216
1. If the district offers employment to any individual who was previously
17employed by the county, who while employed by the county performed duties relating
18to the same or a substantially similar function for which the individual is offered
19employment by the district, and whose wages, hours, and conditions of employment
20were established in a collective bargaining agreement with the county under subch.
21IV of ch. 111 that is in effect on the date on which the individual commences
22employment with the district, abide by the terms of the collective bargaining
23agreement concerning the individual's compensation and benefits until the
24expiration of that collective bargaining agreement or the adoption of a collective
1bargaining agreement with the district under subch. IV of ch. 111 covering the
2individual as an employee of the district, whichever occurs first.
SB481,22,113
2. If the district offers employment to any individual who was previously
4employed by the county and who while employed by the county performed duties
5relating to the same or a substantially similar function for which the individual is
6offered employment by the district, but whose wages, hours, and conditions of
7employment were not established in a collective bargaining agreement with the
8county under subch. IV of ch. 111 that is in effect on the date on which the individual
9commences employment with the district, initially provide that individual the same
10compensation and benefits that the individual received while employed by the
11county.
SB481,22,1812
3. If the district offers employment to any individual who was previously
13employed by the county and who while employed by the county performed duties
14relating to the same or a substantially similar function for which the individual is
15offered employment by the district, recognize all years of service that the individual
16had with the county for any benefit provided or program operated by the district for
17which an employee's years of service may affect the provision of the benefit or the
18operation of the program.
SB481,22,2019
(b) The county board of supervisors of the area of jurisdiction of the Milwaukee
20County child welfare district shall do all of the following:
SB481,22,2221
1. Provide that district employees are eligible to participate in the county
22retirement system.
SB481,23,223
2. Provide that, subject to the terms of any applicable collective bargaining
24agreement as provided in par. (a) 1., district employees are eligible to receive health
1care coverage under any county health insurance plan that is offered to county
2employees.
SB481,23,73
3. Provide that, subject to the terms of any applicable collective bargaining
4agreement as provided in par. (a) 1., district employees are eligible to participate in
5any deferred compensation or other benefit plan offered by the county to county
6employees, including disability and long-term care insurance coverage and income
7continuation insurance coverage.
SB481,23,12
8(9) Confidentiality of records. No record, as defined in s. 19.32 (2), of the
9Milwaukee County child welfare district that contains personally identifiable
10information, as defined in s. 19.62 (5), concerning an individual who receives services
11from the district may be disclosed by the district without the individual's informed
12consent, except as permitted under s. 48.78 (2).
SB481,23,15
13(10) Obligations and debts not those of county. The obligations and debts
14of the Milwaukee County child welfare district are not the obligations or debts of the
15county that created the district.
SB481,23,20
16(11) Assistance to Milwaukee County child welfare district. From moneys
17in the county treasury that are not appropriated to some other purpose, the county
18board of supervisors of the county that created the Milwaukee County child welfare
19district may appropriate moneys to the district as a gift or may lend moneys to the
20district.
SB481,24,3
21(12) Dissolution. Subject to the performance of its contractual obligations and
22to prior approval by the secretary of health and family services, the Milwaukee
23County child welfare district may be dissolved by joint action of the district board and
24county board of supervisors of the county that created the district. If the district is
25dissolved, the property of the district shall be transferred to the county board of
1supervisors of the county that created the district, except that if the district has funds
2in a risk reserve disposition of those funds shall be made under the terms of the
3district's contract with the department.
SB481, s. 34
4Section
34. 48.62 (1) (a) of the statutes is amended to read:
SB481,24,115
48.62
(1) (a) Any person who receives, with or without transfer of legal custody,
64 or fewer children or, if necessary to enable a sibling group to remain together, 6 or
7fewer children or, if the department promulgates rules permitting a different
8number of children, the number of children permitted under those rules, to provide
9care and maintenance for those children shall obtain a license to operate a foster
10home from
the department, a county department a public licensing agency or a
11licensed child welfare agency as provided in s. 48.75.
SB481, s. 35
12Section
35. 48.62 (1) (b) of the statutes is amended to read:
SB481,24,1713
48.62
(1) (b) Any person who receives, with or without transfer of legal custody,
144 or fewer children into a home to provide care and maintenance and structured,
15professional treatment for those children shall obtain a license to operate a
16treatment foster home from
the department, a county department a public licensing
17agency or a licensed child welfare agency as provided in s. 48.75.
SB481, s. 36
18Section
36. 48.62 (2) of the statutes is amended to read:
SB481,25,919
48.62
(2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a)
20or a guardian of a child, who provides care and maintenance for a child, is not
21required to obtain the license specified in this section.
The department, county
22department A public licensing agency or licensed child welfare agency as provided
23in s. 48.75 may issue a license to operate a foster home or a treatment foster home
24to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a
25license to operate a foster home or treatment foster home for a specific child who is
1either placed by court order or who is the subject of a voluntary placement agreement
2under s. 48.63.
The department, a county department
A public licensing agency or
3a licensed child welfare agency may, at the request of a guardian appointed under
4s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or
5treatment foster home for the guardian's minor ward who is living in the home and
6who is placed in the home by court order. Relatives with no duty of support and
7guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate
8foster homes or treatment foster homes are subject to the department's licensing
9rules.
SB481, s. 37
10Section
37. 48.62 (3) of the statutes is amended to read:
SB481,25,1611
48.62
(3) When
the department, a county department a public licensing agency 12or a child welfare agency issues a license to operate a foster home
or treatment foster
13home, the
department, county department public licensing agency or child welfare
14agency shall notify the clerk of the school district in which the foster home
or
15treatment foster home is located that a foster home
or treatment foster home has
16been licensed in the school district.
SB481, s. 38
17Section
38. 48.627 (2) (a) of the statutes is amended to read:
SB481,26,218
48.627
(2) (a) Before
the department, a county department a public licensing
19agency, as defined in s. 48.75 (1b), or a licensed child welfare agency may issue,
20renew
, or continue a foster home, treatment foster home
, or family-operated group
21home license, the
public licensing agency
or licensed child welfare agency shall
22require the applicant to furnish proof satisfactory to the
public licensing agency
or
23licensed child welfare agency that he or she has homeowner's or renter's liability
24insurance that provides coverage for negligent acts or omissions by children placed
1in a foster home, treatment foster home
, or family-operated group home that result
2in bodily injury or property damage to 3rd parties.
SB481, s. 39
3Section
39. 48.627 (2) (b) of the statutes is amended to read:
SB481,26,94
48.627
(2) (b) A
public licensing agency
or licensed child welfare agency may,
5in accordance with rules promulgated by the department, waive the requirement
6under par. (a) if the applicant shows that he or she is unable to obtain the required
7insurance, that he or she has had a homeowner's or renter's liability insurance policy
8canceled
, or that payment of the premium for the required insurance would cause
9undue financial hardship.
SB481, s. 40
10Section
40. 48.627 (2) (d) of the statutes is amended to read:
SB481,26,1211
48.627
(2) (d) The
public licensing agency
or licensed child welfare agency shall
12specify the amounts of liability insurance coverage required under par. (a).
SB481, s. 41
13Section
41. 48.63 (1) of the statutes is amended to read:
SB481,27,514
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
15parent or guardian or the department of health and family services, the department
16of corrections, a county department
, the Milwaukee County child welfare district, or
17a child welfare agency licensed to place children in foster homes
or, treatment foster
18homes
, or group homes may place a child or negotiate or act as intermediary for the
19placement of a child in a foster home, treatment foster home
, or group home.
20Voluntary agreements under this subsection may not be used for placements in
21facilities other than foster, treatment foster
, or group homes and may not be
22extended. A foster home or treatment foster home placement under a voluntary
23agreement may not exceed 6 months. A group home placement under a voluntary
24agreement may not exceed 15 days. These time limitations do not apply to
25placements made under s. 48.345, 938.183, 938.34
, or 938.345. Voluntary
1agreements may be made only under this subsection and shall be in writing and shall
2specifically state that the agreement may be terminated at any time by the parent
3or guardian or by the child if the child's consent to the agreement is required. The
4child's consent to the agreement is required whenever the child is 12 years of age or
5older.
SB481, s. 42
6Section
42. 48.64 (1) of the statutes is amended to read:
SB481,27,117
48.64
(1) Definition. In this section, "agency" means the department of health
8and family services, the department of corrections, a county department
. The
9Milwaukee County child welfare district, or a licensed child welfare agency
10authorized to place children in foster homes
or, treatment foster homes
, or group
11homes.
SB481, s. 43
12Section
43. 48.64 (1r) of the statutes is amended to read:
SB481,27,1713
48.64
(1r) Notification of school district. When an agency places a
14school-age child in a foster home
, treatment foster home, or
a group home, the agency
15shall notify the clerk of the school district in which the foster home
, treatment foster
16home, or group home is located that a school-age child has been placed in a foster
17home
, treatment foster home, or group home in the school district.
SB481, s. 44
18Section
44. 48.64 (4) (a) of the statutes is amended to read:
SB481,28,2519
48.64
(4) (a) Any decision or order issued by an agency that affects the head of
20a foster, treatment foster
, or group home or the children involved may be appealed
21to the department under fair hearing procedures established under department
22rules. The department shall, upon receipt of an appeal, give the head of the home
23reasonable notice and opportunity for a fair hearing. The department may make
24such additional investigation as the department considers necessary. The
25department shall give notice of the hearing to the head of the home and to the
1departmental subunit, county department
, child welfare district, or child welfare
2agency that issued the decision or order. Each person receiving notice is entitled to
3be represented at the hearing. At all hearings conducted under this subsection, the
4head of the home, or a representative of the head of the home, shall have an adequate
5opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records
6to be used at the hearing at a reasonable time before the date of the hearing as well
7as during the hearing, to bring witnesses, to establish all pertinent facts and
8circumstances, and to question or refute any testimony or evidence, including
9opportunity to confront and cross-examine adverse witnesses. The department
10shall grant a continuance for a reasonable period of time when an issue is raised for
11the first time during a hearing. This requirement may be waived with the consent
12of the parties. The decision of the department shall be based exclusively on evidence
13introduced at the hearing. A transcript of testimony and exhibits, or an official report
14containing the substance of what transpired at the hearing, together with all papers
15and requests filed in the proceeding, and the findings of the hearing examiner shall
16constitute the exclusive record for decision by the department. The department shall
17make the record available at any reasonable time and at an accessible place to the
18head of the home or his or her representative. Decisions by the department shall
19specify the reasons for the decision and identify the supporting evidence. No person
20participating in an agency action being appealed may participate in the final
21administrative decision on that action. The department shall render its decision as
22soon as possible after the hearing and shall send a certified copy of its decision to the
23head of the home and to the departmental subunit, county department
, child welfare
24district, or child welfare agency that issued the decision or order. The decision shall
25be binding on all parties concerned.
SB481, s. 45
1Section
45. 48.685 (2) (am) (intro.) of the statutes is amended to read:
SB481,29,82
48.685
(2) (am) (intro.) The department, a county department, a child welfare
3agency
, the Milwaukee County child welfare district, or a school board shall obtain
4all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a
5nonclient resident of an entity
, and a person under 18 years of age, but not under 12
6years of age, who is a caregiver of a day care center that is licensed under s. 48.65
7or established or contracted for under s. 120.13 (14) or of a day care provider that is
8certified under s. 48.651:
SB481, s. 46
9Section
46. 48.685 (2) (am) 5. of the statutes is amended to read:
SB481,29,2010
48.685
(2) (am) 5. Information maintained by the department under this
11section and under ss. 48.651 (2m), 48.75 (1m)
, and 120.13 (14) regarding any denial
12to the person of a license, continuation or renewal of a license, certification
, or a
13contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and
14regarding any denial to the person of employment at, a contract with
, or permission
15to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information
16obtained under this subdivision indicates that the person has been denied a license,
17continuation or renewal of a license, certification, a contract, employment
, or
18permission to reside as described in this subdivision, the department, a county
19department, a child welfare agency
, the Milwaukee County child welfare district, or
20a school board need not obtain the information specified in subds. 1. to 4.
SB481, s. 47
21Section
47. 48.685 (2) (bb) of the statutes is amended to read:
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48.685
(2) (bb) If information obtained under par. (am) or (b) 1. indicates a
23charge of a serious crime, but does not completely and clearly indicate the final
24disposition of the charge, the department, county department, child welfare agency,
25Milwaukee County child welfare district, school board
, or entity shall make every
1reasonable effort to contact the clerk of courts to determine the final disposition of
2the charge. If a background information form under sub. (6) (a) or (am) indicates a
3charge or a conviction of a serious crime, but information obtained under par. (am)
4or (b) 1. does not indicate such a charge or conviction, the department, county
5department, child welfare agency,
Milwaukee County child welfare district, school
6board
, or entity shall make every reasonable effort to contact the clerk of courts to
7obtain a copy of the criminal complaint and the final disposition of the complaint.
8If information obtained under par. (am) or (b) 1., a background information form
9under sub. (6) (a) or (am)
, or any other information indicates a conviction of a
10violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01
, or 947.013 obtained
11not more than 5 years before the date on which that information was obtained, the
12department, county department, child welfare agency,
Milwaukee County child
13welfare district, school board
, or entity shall make every reasonable effort to contact
14the clerk of courts to obtain a copy of the criminal complaint and judgment of
15conviction relating to that violation.
SB481, s. 48
16Section
48. 48.685 (2) (bd) of the statutes is amended to read:
SB481,31,717
48.685
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county
18department, a child welfare agency
, the Milwaukee County child welfare district, or
19a school board is not required to obtain the information specified in par. (am) 1. to
205., and an entity is not required to obtain the information specified in par. (b) 1. a.
21to e., with respect to a person under 18 years of age whose background information
22form under sub. (6) (am) indicates that the person is not ineligible to be employed,
23contracted with
, or permitted to reside at an entity for a reason specified in sub. (4m)
24(b) 1. to 5. and with respect to whom the department, county department,
Milwaukee
25County child welfare district, child welfare agency, school board
, or entity otherwise
1has no reason to believe that the person is ineligible to be employed, contracted with
, 2or permitted to reside at an entity for any of those reasons. This paragraph does not
3preclude the department, a county department, a child welfare agency
, the
4Milwaukee County child welfare district, or a school board from obtaining, at its
5discretion, the information specified in par. (am) 1. to 5. with respect to a person
6described in this paragraph who is a nonclient resident or a prospective nonclient
7resident of an entity.
SB481, s. 49
8Section
49. 48.685 (2) (bm) of the statutes is amended to read:
SB481,31,259
48.685
(2) (bm) If the person who is the subject of the search under par. (am)
10or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding
11the date of the search that person has not been a resident of this state, or if the
12department, county department, child welfare agency,
Milwaukee County child
13welfare district, school board
, or entity determines that the person's employment,
14licensing
, or state court records provide a reasonable basis for further investigation,
15the department, county department, child welfare agency,
child welfare district, 16school board
, or entity shall make a good faith effort to obtain from any state or other
17United States jurisdiction in which the person is a resident or was a resident within
18the 3 years preceding the date of the search information that is equivalent to the
19information specified in par. (am) 1. or (b) 1. a. The department, county department,
20child welfare agency,
Milwaukee County child welfare district, school board
, or entity
21may require the person to be fingerprinted on 2 fingerprint cards, each bearing a
22complete set of the person's fingerprints. The department of justice may provide for
23the submission of the fingerprint cards to the federal bureau of investigation for the
24purposes of verifying the identity of the person fingerprinted and obtaining records
25of his or her criminal arrests and convictions.
SB481, s. 50
1Section
50. 48.685 (3) (a) of the statutes is amended to read:
SB481,32,112
48.685
(3) (a) Every 4 years or at any time within that period that the
3department, a county department, a child welfare agency
, the Milwaukee County
4child welfare district, or a school board considers appropriate, the department,
5county department, child welfare agency
, child welfare district, or school board shall
6request the information specified in sub. (2) (am) 1. to 5. for all persons who are
7licensed, certified
, or contracted to operate an entity, for all persons who are
8nonclient residents of an entity
, and for all persons under 18 years of age, but not
9under 12 years of age, who are caregivers of a day care center that is licensed under
10s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider
11that is certified under s. 48.651.