48.982(2)
(2) Powers and duties. The board shall:
48.982(2)(a)
(a) Biennially, develop and transmit to the governor and the presiding officer of each house of the legislature a plan for awarding grants and providing technical assistance to organizations and for providing child abuse and neglect prevention information and services on a statewide basis. The plan shall assure that there is an equal opportunity for the establishment of child abuse and neglect prevention programs and family resource centers. The plan shall also ensure that the grants will be distributed throughout all geographic areas of the state and in both urban and rural communities. For grants provided under
sub. (6), the plan shall also ensure that the grants are distributed based on population.
48.982(2)(b)
(b) Develop and publicize criteria for grant applications.
48.982(2)(c)
(c) Review and approve or disapprove grant applications and monitor the services provided under each grant awarded under
subs. (4) and
(6).
48.982(2)(d)
(d) Solicit and accept contributions, grants, gifts, and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift, or bequest is made and received. Moneys received under this paragraph may be credited to the appropriation accounts under
s. 20.433 (1) (i) or
(q).
48.982(2)(e)
(e) Include as part of its annual report under
s. 15.07 (6) the names and locations of organizations receiving grants, the amounts provided as grants, the services provided by grantees and the number of persons served by each grantee.
48.982(2)(f)
(f) Establish a procedure for an annual evaluation of its functions, responsibilities and performance. In a year in which the biennial plan under
par. (a) is prepared, the evaluation shall be coordinated with the plan.
48.982(2)(g)
(g) In coordination with the departments of health and family services and public instruction:
48.982(2)(g)1.
1. Recommend to the governor, the legislature, and state agencies changes needed in state programs, statutes, policies, budgets, and rules to reduce the problems of child abuse and neglect, improve coordination among state agencies that provide prevention services, promote individual, family, and community strengths, build parenting skills, and provide community support for children and families.
48.982(2)(g)2.
2. Promote statewide educational and public awareness campaigns and materials for the purpose of developing public awareness of the problems of child abuse and neglect.
48.982(2)(g)3.
3. Encourage professional persons and groups to recognize and deal with problems of child abuse and neglect.
48.982(2)(g)4.
4. Disseminate information about the problems of and methods of preventing child abuse and neglect to the public and to organizations concerned with those problems.
48.982(2)(g)5.
5. Encourage the development of community child abuse and neglect prevention programs.
48.982(2)(gm)
(gm) Provide, for use by the board in its statewide projects under
sub. (5) and for use by organizations that receive grants under
subs. (4) and
(6), educational and public awareness materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect.
48.982(2e)(a)1.1. The board may organize and maintain a nonstock, nonprofit corporation under
ch. 181 for the exclusive purposes, subject to the approval of the board under
par. (b) 1., of soliciting and accepting contributions, grants, gifts, and bequests for deposit into the children's trust fund or into the fund maintained by the corporation under
subd. 2. and of administering any statewide project under
sub. (5) or any other program, including the grant programs under
subs. (4) and
(6), that the board contracts with the corporation to administer.
48.982(2e)(a)2.
2. The corporation shall establish and maintain a fund into which the corporation shall deposit all contributions, grants, gifts, and bequests accepted by the corporation under
subd. 1. that are not deposited into the children's trust fund, all moneys received under
s. 341.14 (6r) (b) 6., and all moneys transferred from the children's trust fund under
2005 Wisconsin Act 319 section
64 (1). The corporation shall also credit to the fund all interest earned on the moneys deposited into the fund and may use that interest for the purposes specified in
subd. 4.
48.982(2e)(a)3.
3. In accordance with the wishes of the donor, any contributions, grants, gifts, or bequests accepted by the corporation that are deposited in the children's trust fund shall be used for any of the purposes specified in
sub. (2m) or shall continue to accumulate in the children's trust fund pursuant to
s. 25.67 (2).
48.982(2e)(a)4.
4. In accordance with the wishes of the donor and subject to the approval of the board under
par. (b) 1., any contributions, grants, gifts, or bequests accepted by the corporation that are deposited into the fund under
subd. 2. shall be used to encourage donors to make contributions, grants, gifts, and bequests to the corporation for deposit into the children's trust fund or into the fund under
subd. 2., to fund statewide projects under
sub. (5) or any other program, including any of the grant programs under
subs. (4) and
(6), that the board contracts with the corporation to administer, or to pay for the actual and necessary operating costs of the corporation or shall continue to accumulate indefinitely.
48.982(2e)(b)1.1. Annually, the corporation organized and maintained under
par. (a) 1. shall submit to the board for the approval of the board a budget specifying how the corporation intends to allocate the contributions, grants, gifts, and bequests accepted by the corporation and all other moneys of the corporation. The budget shall specify the amount of contributions, grants, gifts, and bequests that will be deposited into the children's trust fund and the amount of contributions, grants, gifts, and bequests that will be deposited into the fund maintained by the corporation under
par. (a) 2. Of the amounts deposited into the fund under
par. (a) 2., the budget shall specify the amounts that will be allocated for each of the purposes specified in
par. (a) 4. or that will be permitted to accumulate indefinitely. On approval of the board, the board shall enter into a contract with the corporation specifying the allocations approved by the board.
48.982(2e)(b)2.
2. The contract may also provide for the use by the board of the services of the corporation and for the provision by the board of administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employees assigned to perform the services shall be determined by the board. The corporation may also employ staff to perform administrative services for the corporation. The corporation may not engage in political activities.
48.982(2e)(c)
(c) The corporation under
par. (a) 1. shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.
48.982(2e)(d)
(d) The board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the corporation.
48.982(2e)(e)
(e) The board of directors of any corporation established under this subsection shall consist of 9 members, including the chairperson of the board and 4 members of the board, elected by the board.
48.982(2e)(f)
(f) Any corporation established under this subsection shall be organized so that contributions to it will be deductible from adjusted gross income under section
170 of the Internal Revenue Code, as defined under
s. 71.01 (6), and so that the corporation will be exempt from taxation under section
501 of the Internal Revenue Code, as defined under
s. 71.22 (4), and under
s. 71.26 (1) (a).
48.982(2m)
(2m) Donation uses. If money is accepted by the board for the children's trust fund or for any other purpose under
sub. (2) (d) or
(2e) (a) 3. and appropriated under
s. 20.433 (1) (q), the board shall use the money in accordance with the wishes of the donor to do any of the following:
48.982(2m)(a)
(a) Award grants and provide technical assistance to organizations under
subs. (4) and
(6) and provide child abuse and neglect prevention information and services on a statewide basis.
48.982(2m)(d)
(d) Fund shaken baby syndrome and impacted babies prevention activities under
s. 253.15.
48.982(3)
(3) Staff and salaries. The board shall determine the qualifications of and appoint, in the classified service, an executive director and staff. The salaries of the executive director and staff and all actual and necessary operating expenses of the board shall be paid from the appropriations under
s. 20.433 (1) (g),
(i),
(k),
(m), and
(q).
48.982(4)
(4) Award of grants; provision of statewide information and services. 48.982(4)(a)(a) From the appropriations under
s. 20.433 (1) (b),
(h),
(i),
(k),
(m), and
(q), the board shall award grants to organizations in accordance with the plan developed under
sub. (2) (a). From the appropriations under
s. 20.433 (1) (b),
(g),
(h),
(i),
(k),
(m), and
(q), the board, in accordance with that plan, shall provide technical assistance to organizations and shall provide child abuse and neglect prevention information and services on a statewide basis.
48.982(4)(b)
(b) A grant may be awarded only to an organization that agrees to match the grant, through money or in-kind services, as follows:
48.982(4)(b)1.
1. During the first year for which an organization receives a grant, at least 25% of the amount received for that year.
48.982(4)(b)2.
2. During the 2nd and subsequent years for which an organization receives a grant, at least 50% of the amount received for each year.
48.982(4)(c)
(c) Each grant application shall comply with
sub. (7) (d) and shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(4)(d)
(d) The board shall award grants to organizations for programs for the primary prevention of child abuse and neglect, including all of the following:
48.982(4)(d)1.
1. Programs to promote public awareness of the need for the prevention of child abuse and neglect.
48.982(4)(d)2.
2. Community-based family resource and support programs that provide services or education to families, including services or education relating to support of parents, perinatal bonding, child development, care of children with special needs, respite care, and prevention of sexual abuse.
48.982(4)(d)3.
3. Community-based programs relating to crisis care, early identification of children at risk of child abuse or neglect, and education, training and support groups for parents, children and families.
48.982(4)(e)
(e) In determining which organizations shall receive grants, the board shall consider whether the applicant's proposal will further the coordination of comprehensive child abuse and neglect prevention services between the organization and other resources, public and private, in the community and the state.
48.982(5)
(5) Statewide projects. From the appropriations under
s. 20.433 (1) (g),
(i), and
(q), the board shall administer any statewide project for which it has accepted money under
sub. (2m) (c).
48.982(6)
(6) Award of family resource center grants. 48.982(6)(a)(a) From the appropriations under
s. 20.433 (1) (b),
(h),
(i),
(k),
(ma), and
(q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under
sub. (2) (a). From the appropriations under
s. 20.433 (1) (b),
(g),
(h),
(i),
(k),
(m),
(ma), and
(q), the board shall provide technical assistance to organizations in accordance with those procedures. No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.
48.982(6)(am)
(am) Notwithstanding the geographical and urban and rural distribution requirements under
sub. (2) (a), the board shall allocate not more than $150,000 from the appropriation under
s. 20.433 (1) (h) in each fiscal year for the awarding of grants, in accordance with the request-for-proposal procedures developed under
sub. (2) (a), to organizations located in counties with a population of 500,000 or more.
48.982(6)(b)
(b) A grant may be awarded only to an organization that agrees to make at least a 20% match to the grant, through either money or in-kind services.
48.982(6)(c)
(c) Each grant application shall comply with
sub. (7) (d) and shall include proof of the organization's ability to comply with
par. (b). Any in-kind services proposed under
par. (b) are subject to the approval of the board.
48.982(6)(d)
(d) The board shall award grants to organizations for direct parent education, family support, and referrals to other social services programs and outreach programs, including programs that provide education to parents in their homes. For organizations applying for grants for the first time on or after July 1, 1998, the board shall give favorable consideration in awarding grants to organizations for programs in communities where home visitation programs that provide in-home visitation services to parents with newborn infants are in existence or are in development and, if grants are awarded, shall require programs supported by grants to maximize coordination with these home visitation programs. Programs supported by the grants shall track individual participants to ensure that they receive necessary services and shall emphasize direct services to families with children who are 3 years of age or less.
48.982(6)(e)
(e) Grants awarded under this subsection may not supplant any other funding for parenting education.
48.982(7)
(7) Grant applications; additional requirements; evaluation. 48.982(7)(d)(d) Each application for a grant under
sub. (4) or
(6) shall include proof that the organization has the cultural competency to provide services under the grant to persons and families in the various cultures in the organization's target population and that cultural competency is incorporated in the organization's policies, administration, and practices. Each grant application shall also include proof of the organization's ability to do all of the following:
48.982(7)(d)1.
1. Maximize the coordination of new and existing family support, educational, and health services and minimize the duplication of those services by coordinating and collaborating with other organizations in the establishment and operation of the organization's child abuse and neglect prevention program or family resource center.
48.982(7)(d)2.
2. Provide programs that identify and build on a family's strengths to encourage the development of a healthy family.
48.982(7)(d)4.
4. Provide or coordinate the provision of community-based outreach, educational, and family support services through the organization's child abuse and neglect prevention program or family resource center.
48.982(7)(h)
(h) The board shall conduct an evaluation of the effectiveness of the programs under
subs. (4) and
(6) in achieving their stated goals and, by June 30 of each odd-numbered year, shall submit a report on that evaluation to the appropriate standing committees under
s. 13.172 (3).
48.982 History
History: 1983 a. 27;
1983 a. 109 s.
6;
1985 a. 29 ss.
930s,
3202 (8);
1987 a. 27,
184,
255;
1989 a. 31,
336;
1991 a. 32,
39;
1993 a. 16,
437,
444,
491;
1995 a. 27 ss.
2622 to
2623d,
9126 (19);
1995 a. 275;
1997 a. 27,
78,
252,
293;
1999 a. 9;
2001 a. 16;
2005 a. 25,
165,
319.
48.985
48.985
Expenditure of federal child welfare funds. 48.985(1)(1)
Federal program operations. From the appropriation under
s. 20.435 (3) (n), the department shall expend not more than $273,700 in each fiscal year of the moneys received under
42 USC 620 to
626 for the department's expenses in connection with administering the expenditure of funds received under
42 USC 620 to
626 and for child abuse and neglect and unborn child abuse independent investigations.
48.985(2)
(2) Community social and mental hygiene services. From the appropriation under
s. 20.435 (7) (o), the department shall distribute not more than $3,809,600 in each fiscal year of the moneys received under
42 USC 620 to
626 to county departments under
ss. 46.215,
46.22, and
46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.
48.985(3)
(3) Community youth and family aids. From the appropriation account under
s. 20.410 (3) (ko), the department of corrections shall allocate, to county departments under
ss. 46.215,
46.22 and
46.23 for the provision of services under
s. 301.26, not more than $1,100,000 in each fiscal year.
48.985(4)
(4) Runaway services. From the appropriation under
s. 20.435 (3) (na) for runaway services, not more than $458,600 in each fiscal year.
48.985(5)
(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).
48.987
48.987
Earnings of self-supporting minors. During any time when a parent of a minor neglects or refuses to provide for the minor's support, or support and education, the earnings of the minor shall be the minor's sole property as against such parent or any creditor of such parent.
48.987 History
History: 1977 c. 354 s.
94; Stats. 1977 s. 48.987;
1991 a. 316.
48.988
48.988
Interstate compact on the placement of children. The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
48.988(1)
(1) Article I - Purpose and Policy. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
48.988(1)(a)
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
48.988(1)(b)
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
48.988(1)(c)
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
48.988(1)(d)
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
48.988(2)
(2) Article II - Definitions. As used in this compact:
48.988(2)(a)
(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
48.988(2)(b)
(b) "Placement" means the arrangement for the care of a child in a family free or boarding home, in a child-caring agency, or in a residential care center for children and youth, but does not include any institution caring for the mentally ill, mentally defective, or epileptic, any institution primarily educational in character, or any hospital or other medical facility.
48.988(2)(c)
(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
48.988(2)(d)
(d) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.
48.988(3)
(3) Article III - Conditions for Placement. 48.988(3)(a)(a) No sending agency shall send, bring or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this subsection and with the applicable laws of the receiving state governing the placement of children therein.
48.988(3)(b)
(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
48.988(3)(b)2.
2. The identity and address or addresses of the parents or legal guardian.
48.988(3)(b)3.
3. The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child.
48.988(3)(b)4.
4. A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
48.988(3)(c)
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to
par. (b) may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
