AB75,577,1712
48.66
(1) (c) A license issued under par. (a) or (b), other than a license to operate
13a foster home
, treatment foster home, or secured residential care center for children
14and youth, is valid until revoked or suspended. A license issued under this
15subsection to operate a foster home
, treatment foster home, or secured residential
16care center for children and youth may be for any term not to exceed 2 years from the
17date of issuance. No license issued under par. (a) or (b) is transferable.
AB75, s. 1061
18Section
1061. 48.67 (intro.) of the statutes is amended to read:
AB75,578,5
1948.67 Rules governing child welfare agencies, day care centers, foster
20homes, treatment foster homes, group homes, shelter care facilities, and
21county departments. (intro.) The department shall promulgate rules establishing
22minimum requirements for the issuance of licenses to, and establishing standards
23for the operation of, child welfare agencies, day care centers, foster homes,
treatment
24foster homes, group homes, shelter care facilities, and county departments. Those
25rules shall be designed to protect and promote the health, safety, and welfare of the
1children in the care of all licensees. The department shall consult with the
2department of commerce, the department of public instruction, and the child abuse
3and neglect prevention board before promulgating those rules.
For foster homes,
4those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall
5include rules that require all of the following:
AB75, s. 1062
6Section
1062. 48.67 (4) of the statutes is created to read:
AB75,578,127
48.67
(4) That all foster parents and treatment foster parents successfully
8complete training in the care and support needs of children who are placed in foster
9care or treatment foster care that has been approved by the department. The
10department shall promulgate rules prescribing the training that is required under
11this subsection and shall monitor compliance with this subsection according to those
12rules.
AB75, s. 1063
13Section
1063. 48.675 (1) of the statutes is amended to read:
AB75,578,1814
48.675
(1) Development of program. The department shall develop a foster
15care education program to provide specialized training for persons operating family
16foster homes
or treatment foster homes. Participation in the program shall be
17voluntary and shall be limited to persons operating foster homes
or treatment foster
18homes licensed under s. 48.62 and caring for children with special treatment needs.
AB75, s. 1064
19Section
1064. 48.675 (2) of the statutes is amended to read:
AB75,579,420
48.675
(2) Approval of programs. The department shall promulgate rules for
21approval of programs to meet the requirements of this section.
Such Those programs
22may include
, but need not be limited to: in-service training; workshops and
23seminars developed by the department or by county departments; seminars and
24courses offered through public or private education agencies; and workshops,
25seminars
, and courses pertaining to behavioral and developmental disabilities and
1to the development of mutual support services for foster parents
and treatment
2foster parents. The department may approve programs under this subsection only
3after consideration of relevant factors including level of education, useful or
4necessary skills, location
, and other criteria as determined by the department.
AB75, s. 1065
5Section
1065. 48.675 (3) (intro.) of the statutes is amended to read:
AB75,579,106
48.675
(3) Support services. (intro.) The department shall provide funds from
7the appropriation under s. 20.437 (1) (a) to enable foster parents
and treatment foster
8parents to attend education programs approved under sub. (2) and shall promulgate
9rules concerning disbursement of the funds. Moneys disbursed under this
10subsection may be used for the following purposes:
AB75, s. 1066
11Section
1066. 48.675 (3) (a) of the statutes is amended to read:
AB75,579,1312
48.675
(3) (a) Care of residents of the foster home
or treatment foster home 13during the time of participation in an education program.
AB75, s. 1067
14Section
1067. 48.68 (1) of the statutes is amended to read:
AB75,580,515
48.68
(1) After receipt of an application for a license, the department shall
16investigate to determine if the applicant meets the minimum requirements for a
17license adopted by the department under s. 48.67 and meets the requirements
18specified in s. 48.685, if applicable. In determining whether to issue or continue a
19license, the department may consider any action by the applicant, or by an employee
20of the applicant, that constitutes a substantial failure by the applicant or employee
21to protect and promote the health, safety
, and welfare of a child. Upon satisfactory
22completion of this investigation and payment of the fee required under s. 48.615 (1)
23(a) or (b), 48.625 (2) (a), 48.65 (3) (a)
, or 938.22 (7) (b), the department shall issue a
24license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69
25or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
1licensure and license renewal, the department shall provide a foster home licensee
2with written information relating to the
age-related monthly foster care rates and
3supplemental payments specified in s. 48.62 (4), including payment amounts,
4eligibility requirements for supplemental payments
, and the procedures for applying
5for supplemental payments.
AB75, s. 1068
6Section
1068. 48.685 (1) (b) of the statutes is amended to read:
AB75,580,157
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
848.60 to provide care and maintenance for children, to place children for adoption
, 9or to license foster homes
or treatment foster homes; a foster home
or treatment
10foster home that is licensed under s. 48.62;
a subsidized guardianship home under
11s. 48.62 (5); a group home that is licensed under s. 48.625; a shelter care facility that
12is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or
13established or contracted for under s. 120.13 (14); a day care provider that is certified
14under s. 48.651; or a temporary employment agency that provides caregivers to
15another entity.
AB75, s. 1069
16Section
1069. 48.685 (2) (c) 1. of the statutes is amended to read:
AB75,580,2417
48.685
(2) (c) 1. If the person who is the subject of the search under par. (am)
18is seeking an initial license to operate a foster home
or treatment foster home or is
19seeking relicensure after a break in licensure, the department, county department,
20or child welfare agency shall request under
42 USC 16962 (b) a fingerprint-based
21check of the national crime information databases, as defined in
28 USC 534 (f) (3)
22(A). The department, county department, or child welfare agency may release any
23information obtained under this subdivision only as permitted under
42 USC 16962 24(e).
AB75, s. 1070
25Section
1070. 48.685 (2) (c) 2. of the statutes is amended to read:
AB75,581,11
148.685
(2) (c) 2. If the person who is the subject of the search under par. (am)
2is seeking a license to operate a foster home
or treatment foster home or is an adult
3nonclient resident of the foster home
or treatment foster home and if the person is
4not, or at any time within the 5 years preceding the date of the search has not been,
5a resident of this state, the department, county department, or child welfare agency
6shall check any child abuse or neglect registry maintained by any state or other U.S.
7jurisdiction in which the person is a resident or was a resident within those 5 years
8for information that is equivalent to the information specified in par. (am) 4. The
9department, county department, or child welfare agency may not use any
10information obtained under this subdivision for any purpose other than a search of
11the person's background under par. (am).
AB75, s. 1071
12Section
1071. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
AB75,581,2113
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
14par. (ad) and sub. (5), the department may not license, or continue or renew the
15license of, a person to operate an entity, a county department
or agency contracted
16with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
17department or a child welfare agency may not license, or renew the license of, a foster
18home or treatment foster home under s. 48.62
, and a school board may not contract
19with a person under s. 120.13 (14), if the department, county department,
contracted
20agency, child welfare agency
, or school board knows or should have known any of the
21following:
AB75, s. 1072
22Section
1072
. 48.685 (4m) (a) (intro.) of the statutes, as affected by 2009
23Wisconsin Act .... (this act), is amended to read:
AB75,582,824
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
25par. (ad) and sub. (5), the department may not license, or continue or renew the
1license of, a person to operate an entity, a county department or agency contracted
2with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county
3department or a child welfare agency may not license, or renew the license of, a foster
4home
or treatment foster home under s. 48.62,
the department or a county
5department may not provide subsidized guardianship payments to a person under
6s. 48.62 (5), and a school board may not contract with a person under s. 120.13 (14),
7if the department, county department, contracted agency, child welfare agency
, or
8school board knows or should have known any of the following:
AB75, s. 1073
9Section
1073. 48.685 (4m) (ad) of the statutes is amended to read:
AB75,582,1610
48.685
(4m) (ad) The department, a county department
, or a child welfare
11agency may license a foster home or treatment foster home under s. 48.62, a county
12department
or agency contracted with under s. 48.651 (2) may certify a day care
13provider under s. 48.651
, and a school board may contract with a person under s.
14120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am)
15indicating that the person is not ineligible to be licensed, certified or contracted with
16for a reason specified in par. (a) 1. to 5.
AB75, s. 1074
17Section
1074
. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin
18Act .... (this act), is amended to read:
AB75,583,219
48.685
(4m) (ad) The department, a county department, or a child welfare
20agency may license a foster home
or treatment foster home under s. 48.62,
the
21department or a county department may provide subsidized guardianship payments
22to a person under s. 48.62 (5), a county department or agency contracted with under
23s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may
24contract with a person under s. 120.13 (14), conditioned on the receipt of the
1information specified in sub. (2) (am) indicating that the person is not ineligible to
2be licensed, certified
, or contracted with for a reason specified in par. (a) 1. to 5.
AB75, s. 1075
3Section
1075. 48.685 (5) (a) of the statutes is amended to read:
AB75,583,174
48.685
(5) (a) Subject to par. (bm), the department may license to operate an
5entity, a county department
or agency contracted with under s. 48.651 (2) may certify
6under s. 48.651, a county department or a child welfare agency may license under
7s. 48.62
, and a school board may contract with under s. 120.13 (14) a person who
8otherwise may not be licensed, certified
, or contracted with for a reason specified in
9sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at
10the entity a person who otherwise may not be employed, contracted with, or
11permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the
12person demonstrates to the department, the county department,
the contracted
13agency, the child welfare agency, or the school board or, in the case of an entity that
14is located within the boundaries of a reservation, to the person or body designated
15by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance
16with procedures established by the department by rule or by the tribe that he or she
17has been rehabilitated.
AB75, s. 1076
18Section
1076. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
AB75,583,2319
48.685
(5) (bm) (intro.) For purposes of licensing a foster home
or treatment
20foster home for the placement of a child on whose behalf foster care maintenance
21payments under s. 48.62 (4) will be provided, no person who has been convicted of
22any of the following offenses may be permitted to demonstrate that he or she has been
23rehabilitated:
AB75, s. 1077
24Section
1077. 48.685 (5m) of the statutes is amended to read:
AB75,584,18
148.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
2a person to operate an entity, a county department or a child welfare agency may
3refuse to license a foster home or treatment foster home under s. 48.62, and an entity
4may refuse to employ or contract with a caregiver or permit a nonclient resident to
5reside at the entity if the person has been convicted of an offense that is not a serious
6crime, but that is, in the estimation of the department, county department, child
7welfare agency
, or entity, substantially related to the care of a client.
8Notwithstanding s. 111.335, the department may refuse to license a person to
9operate a day care center, a county department
or agency contracted with under s.
1048.651 (2) may refuse to certify a day care provider under s. 48.651, a school board
11may refuse to contract with a person under s. 120.13 (14), a day care center that is
12licensed under s. 48.65 or established or contracted for under s. 120.13 (14)
, and a
13day care provider that is certified under s. 48.651 may refuse to employ or contract
14with a caregiver or permit a nonclient resident to reside at the day care center or day
15care provider if the person has been convicted of or adjudicated delinquent on or after
16his or her 12th birthday for an offense that is not a serious crime, but that is, in the
17estimation of the department, county department,
contracted agency, school board,
18day care center
, or day care provider, substantially related to the care of a client.
AB75, s. 1078
19Section
1078
. 48.685 (5m) of the statutes, as affected by 2009 Wisconsin Act
20.... (this act), is amended to read:
AB75,585,1521
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
22a person to operate an entity, a county department or a child welfare agency may
23refuse to license a foster home
or treatment foster home under s. 48.62,
the
24department or a county department may refuse to provide subsidized guardianship
25payments under s. 48.62 (5), and an entity may refuse to employ or contract with a
1caregiver or permit a nonclient resident to reside at the entity if the person has been
2convicted of an offense that is not a serious crime, but that is, in the estimation of the
3department, county department, child welfare agency, or entity, substantially
4related to the care of a client. Notwithstanding s. 111.335, the department may
5refuse to license a person to operate a day care center, a county department or agency
6contracted with under s. 48.651 (2) may refuse to certify a day care provider under
7s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14),
8a day care center that is licensed under s. 48.65 or established or contracted for under
9s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse
10to employ or contract with a caregiver or permit a nonclient resident to reside at the
11day care center or day care provider if the person has been convicted of or adjudicated
12delinquent on or after his or her 12th birthday for an offense that is not a serious
13crime, but that is, in the estimation of the department, county department,
14contracted agency, school board, day care center, or day care provider, substantially
15related to the care of a client.
AB75, s. 1079
16Section
1079. 48.685 (6) (a) of the statutes is amended to read:
AB75,586,217
48.685
(6) (a) The department shall require any person who applies for
18issuance, continuation
, or renewal of a license to operate an entity, a county
19department
or agency contracted with under s. 48.651 (2) shall require any day care
20provider who applies for initial certification under s. 48.651 or for renewal of that
21certification, a county department or a child welfare agency shall require any person
22who applies for issuance or renewal of a license to operate a foster home or treatment
23foster home under s. 48.62
, and a school board shall require any person who proposes
24to contract with the school board under s. 120.13 (14) or to renew a contract under
1that subsection, to complete a background information form that is provided by the
2department.
AB75, s. 1080
3Section
1080
. 48.685 (6) (a) of the statutes, as affected by 2009 Wisconsin Act
4.... (this act), is amended to read:
AB75,586,155
48.685
(6) (a) The department shall require any person who applies for
6issuance, continuation, or renewal of a license to operate an entity, a county
7department or agency contracted with under s. 48.651 (2) shall require any day care
8provider who applies for initial certification under s. 48.651 or for renewal of that
9certification, a county department or a child welfare agency shall require any person
10who applies for issuance or renewal of a license to operate a foster home
or treatment
11foster home under s. 48.62,
the department or a county department shall require any
12person who applies for subsidized guardianship payments under s. 48.62 (5), and a
13school board shall require any person who proposes to contract with the school board
14under s. 120.13 (14) or to renew a contract under that subsection, to complete a
15background information form that is provided by the department.
AB75, s. 1081
16Section
1081. 48.70 (2) of the statutes is amended to read:
AB75,586,2117
48.70
(2) Special provisions for child welfare agency licenses. A license to
18a child welfare agency shall also specify the kind of child welfare work the agency is
19authorized to undertake, whether the agency may accept guardianship of children,
20whether the agency may place children in foster homes
or treatment foster homes,
21and if so, the area the agency is equipped to serve.
AB75, s. 1082
22Section
1082. 48.73 of the statutes is amended to read:
AB75,587,2
2348.73 Inspection of licensees. The department may visit and inspect each
24child welfare agency, foster home,
treatment foster home, group home
, and day care
1center licensed by
it the department, and for
such that purpose shall be given
2unrestricted access to the premises described in the license.
AB75, s. 1083
3Section
1083. 48.75 (title) of the statutes is amended to read:
AB75,587,5
448.75 (title)
Foster homes and treatment foster homes licensed by
5public licensing agencies and by child welfare agencies.
AB75, s. 1084
6Section
1084. 48.75 (1d) of the statutes is amended to read:
AB75,587,177
48.75
(1d) Child welfare agencies, if licensed to do so by the department, and
8public licensing agencies may license foster homes
and treatment foster homes 9under the rules promulgated by the department under s. 48.67 governing the
10licensing of foster homes
and treatment foster homes. A foster home
or treatment
11foster home license shall be issued for a term not to exceed 2 years from the date of
12issuance, is not transferable
, and may be revoked by the child welfare agency or by
13the public licensing agency because the licensee has substantially and intentionally
14violated any provision of this chapter or of the rules of the department promulgated
15pursuant to under s. 48.67 or because the licensee fails to meet the minimum
16requirements for a license. The licensee shall be given written notice of any
17revocation and the grounds
therefor for the revocation.
AB75, s. 1085
18Section
1085. 48.75 (1r) of the statutes is amended to read:
AB75,587,2419
48.75
(1r) At the time of initial licensure and license renewal, the child welfare
20agency or public licensing agency issuing a license under sub. (1d) or (1g) shall
21provide the licensee with written information relating to the
age-related monthly
22foster care rates and supplemental payments specified in s. 48.62 (4), including
23payment amounts, eligibility requirements for supplemental payments
, and the
24procedures for applying for supplemental payments.
AB75, s. 1086
25Section
1086. 48.75 (2) of the statutes is amended to read:
AB75,588,3
148.75
(2) Any foster home
or treatment foster home applicant or licensee of a
2public licensing agency or a child welfare agency may, if aggrieved by the failure to
3issue or renew its license or by revocation of its license, appeal as provided in s. 48.72.
AB75, s. 1087
4Section
1087. 48.833 (1) of the statutes is amended to read:
AB75,588,185
48.833
(1) Placement by department or county department. The department
6or a county department under s. 48.57 (1) (e) or (hm) may place a child for adoption
7in a licensed foster home
or a licensed treatment foster home without a court order
8under s. 48.63 (3) (b) or if the department or county department is the guardian of
9the child or makes the placement at the request of another agency that is the
10guardian of the child and if the proposed adoptive parents have completed the
11preadoption preparation required under s. 48.84 (1) or the department or county
12department determines that the proposed adoptive parents are not required to
13complete that preparation. When a child is placed under this subsection in a licensed
14foster home
or a licensed treatment foster home for adoption, the department or
15county department making the placement shall enter into a written agreement with
16the proposed adoptive parent, which shall state the date on which the child is placed
17in the licensed foster home
or licensed treatment foster home for adoption by the
18proposed adoptive parent.
AB75, s. 1088
19Section
1088. 48.833 (2) of the statutes is amended to read:
AB75,589,720
48.833
(2) Placement by child welfare agency. A child welfare agency
21licensed under s. 48.60 may place a child for adoption in a licensed foster home
or a
22licensed treatment foster home without a court order under s. 48.63 (3) (b) or if the
23child welfare agency is the guardian of the child or makes the placement at the
24request of another agency that is the guardian of the child and if the proposed
25adoptive parents have completed the preadoption preparation required under s.
148.84 (1) or the child welfare agency determines that the proposed adoptive parents
2are not required to complete that preparation. When a child is placed under this
3subsection in a licensed foster home
or a licensed treatment foster home for adoption,
4the child welfare agency making the placement shall enter into a written agreement
5with the proposed adoptive parent, which shall state the date on which the child is
6placed in the licensed foster home
or licensed treatment foster home for adoption by
7the proposed adoptive parent.
AB75, s. 1089
8Section
1089. 48.837 (1) of the statutes is amended to read:
AB75,589,149
48.837
(1) In-state adoptive placement. When the proposed adoptive parent
10or parents of a child reside in this state and are not relatives of the child, a parent
11having custody of a child and the proposed adoptive parent or parents of the child
12may petition the court for placement of the child for adoption in the home of the
13proposed adoptive parent or parents if the home is licensed as a foster home
or
14treatment foster home under s. 48.62.
AB75, s. 1090
15Section
1090. 48.837 (1r) (b) of the statutes is amended to read:
AB75,589,1916
48.837
(1r) (b) The department, a county department under s. 48.57 (1) (e) or
17(hm), or a child welfare agency licensed under s. 48.60 may place a child under par.
18(a) in the home of a proposed adoptive parent or parents who reside in this state if
19that home is licensed as a foster home
or treatment foster home under s. 48.62.
AB75, s. 1091
20Section
1091. 48.88 (2) (am) 1. of the statutes is amended to read:
AB75,590,621
48.88
(2) (am) 1. If the petitioner was required to obtain an initial license to
22operate a foster home
or treatment foster home before placement of the child for
23adoption or relicensure after a break in licensure, the agency making the
24investigation shall obtain a criminal history search from the records maintained by
25the department of justice and request under
42 USC 16962 (b) a fingerprint-based
1check of the national crime information databases, as defined in
28 USC 534 (f) (3)
2(A), with respect to the petitioner. The agency may release any information obtained
3under this subdivision only as permitted under
42 USC 16962 (e). In the case of a
4child on whose behalf adoption assistance payments will be provided under s. 48.975,
5if the petitioner has been convicted of any of the offenses specified in s. 48.685 (5) (bm)
61. to 4., the agency may not report that the petitioner's home is suitable for the child.
AB75, s. 1092
7Section
1092. 48.88 (2) (am) 2. of the statutes is amended to read:
AB75,590,208
48.88
(2) (am) 2. If the petitioner was required to obtain a license to operate
9a foster home
or treatment foster home before placement of the child for adoption,
10the agency making the investigation shall obtain information maintained by the
11department regarding any substantiated reports of child abuse or neglect against the
12petitioner and any other adult residing in the petitioner's home. If the petitioner or
13other adult residing in the petitioner's home is not, or at any time within the 5 years
14preceding the date of the search has not been, a resident of this state, the agency shall
15check any child abuse or neglect registry maintained by any state or other U.S.
16jurisdiction in which the petitioner or other adult is a resident or was a resident
17within those 5 years for information that is equivalent to the information maintained
18by the department regarding substantiated reports of child abuse or neglect. The
19agency may not use any information obtained under this subdivision for any purpose
20other than a background search under this subdivision.
AB75, s. 1093
21Section
1093. 48.975 (3) (a) 1. of the statutes is amended to read:
AB75,591,322
48.975
(3) (a) 1. Except as provided in subd. 3., for support of a child who was
23in foster care
, treatment foster care, or subsidized guardianship care immediately
24prior to placement for adoption, the initial amount of adoption assistance for
25maintenance shall be equivalent to the amount of that child's foster care
, treatment
1foster care, or subsidized guardianship care payment at the time that the agreement
2under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive
3parents and specified in that agreement.
AB75, s. 1094
4Section
1094. 48.975 (3) (a) 2. of the statutes is amended to read:
AB75,591,105
48.975
(3) (a) 2. Except as provided in subd. 3., for support of a child not in foster
6care
, treatment foster care, or subsidized guardianship care immediately prior to
7placement for adoption, the initial amount of adoption assistance for maintenance
8shall be equivalent to the uniform foster care rate
applicable to the child that is in
9effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount
10if agreed to by the proposed adoptive parents and specified in that agreement.
AB75, s. 1095
11Section
1095. 48.98 (1) of the statutes is amended to read:
AB75,591,1512
48.98
(1) No person may bring a child into this state or send a child out of this
13state for the purpose of placing the child in foster care
or treatment foster care or for
14the purpose of adoption without a certificate from the department that the home is
15suitable for the child.
AB75, s. 1096
16Section
1096. 48.98 (2) (a) of the statutes is amended to read:
AB75,591,2317
48.98
(2) (a) Any person, except a county department or licensed child welfare
18agency, who brings a child into this state for the purpose of placing the child in a
19foster home
or treatment foster home shall, before the child's arrival in this state, file
20with the department a $1,000 noncancelable bond in favor of this state, furnished by
21a surety company licensed to do business in this state. The condition of the bond shall
22be that the child will not become dependent on public funds for his or her primary
23support before the child reaches age 18 or is adopted.
AB75, s. 1097
24Section
1097. 48.981 (3) (a) 3. of the statutes is amended to read:
AB75,592,9
148.981
(3) (a) 3.
A Except as provided in sub. (3m), a county department, the
2department, or a licensed child welfare agency under contract with the department
3shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the
4sheriff or police department all cases of suspected or threatened abuse, as defined in
5s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as
6defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the
7department, and a licensed child welfare agency under contract with the department
8shall adopt a written policy specifying the kinds of reports it will routinely report to
9local law enforcement authorities.
AB75, s. 1098
10Section
1098. 48.981 (3) (c) 1. a. of the statutes is amended to read:
AB75,593,611
48.981
(3) (c) 1. a. Immediately after receiving a report under par. (a), the
12agency shall evaluate the report to determine whether there is reason to suspect that
13a caregiver has abused or neglected the child, has threatened the child with abuse
14or neglect, or has facilitated or failed to take action to prevent the suspected or
15threatened abuse or neglect of the child.
If Except as provided in sub. (3m), if the
16agency determines that a caregiver is suspected of abuse or neglect or of threatened
17abuse or neglect of the child, determines that a caregiver is suspected of facilitating
18or failing to take action to prevent the suspected or threatened abuse or neglect of
19the child, or cannot determine who abused or neglected the child, within 24 hours
20after receiving the report the agency shall, in accordance with the authority granted
21to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57
22(1) (a), initiate a diligent investigation to determine if the child is in need of
23protection or services. If the agency determines that a person who is not a caregiver
24is suspected of abuse or of threatened abuse, the agency may, in accordance with that
25authority, initiate a diligent investigation to determine if the child is in need or
1protection or services. Within 24 hours after receiving a report under par. (a) of
2suspected unborn child abuse, the agency, in accordance with that authority, shall
3initiate a diligent investigation to determine if the unborn child is in need of
4protection or services. An investigation under this subd. 1. a. shall be conducted in
5accordance with standards established by the department for conducting child abuse
6and neglect investigations or unborn child abuse investigations.
AB75, s. 1099
7Section
1099. 48.981 (3) (d) 1. of the statutes is amended to read:
AB75,593,148
48.981
(3) (d) 1. In this paragraph, "agent" includes
, but is not limited to, a
9foster parent
, treatment foster parent or other person given custody of a child or a
10human services professional employed by a county department under s. 51.42 or
1151.437 or by a child welfare agency who is working with a child or an expectant
12mother of an unborn child under contract with or under the supervision of the
13department in a county having a population of 500,000 or more or a county
14department under s. 46.22.
AB75, s. 1100
15Section
1100. 48.981 (3m) of the statutes is created to read:
AB75,593,2016
48.981
(3m) Alternative response pilot program. (a) In this subsection,
17"substantial abuse or neglect" means abuse or neglect or threatened abuse or neglect
18that under the guidelines developed by the department under par. (b) constitutes
19severe abuse or neglect or a threat of severe abuse or neglect and a significant threat
20to the safety of a child and his or her family.
AB75,594,721
(b) The department shall establish a pilot program under which a county
22department that is selected to participate in the pilot program may employ
23alternative responses to a report of abuse or neglect or of threatened abuse or neglect.
24The department shall select county departments to participate in the pilot program
25in accordance with the department's request-for-proposal procedures and according
1to criteria developed by the department. Those criteria shall include an assessment
2of a county department's plan for involving the community in providing services for
3a family that is participating in the pilot program and a determination whether a
4county department has an agreement with local law enforcement agencies and the
5representative of the public under s. 48.09 to ensure interagency cooperation in
6implementing the pilot program. To implement the pilot program, the department
7shall provide all of the following:
AB75,594,128
1. Guidelines for determining the appropriate alternative response to a report
9of abuse or neglect or of threatened abuse or neglect, including guidelines for
10determining what types of abuse or neglect or threatened abuse or neglect constitute
11substantial abuse or neglect. The department need not promulgate those guidelines
12as rules under ch. 227.
AB75,594,1413
2. Training and technical assistance for a county department that is selected
14to participate in the pilot program.
AB75,594,1815
(c) Immediately after receiving a report under sub. (3) (a), a county department
16that is participating in the pilot program shall evaluate the report to determine the
17most appropriate alternative response under subds. 1. to 3. to the report. Based on
18that evaluation, the county department shall respond to the report as follows: