AB40-ASA1,879
13Section
879. 48.069 (2) of the statutes is amended to read:
AB40-ASA1,527,1914
48.069
(2) Except in a county having a population of
500,000 750,000 or more,
15licensed child welfare agencies and the department shall provide services under this
16section only upon the approval of the agency from whom services are requested. In
17a county having a population of
500,000 750,000 or more, the department or, with the
18approval of the department, a licensed child welfare agency shall provide services
19under this section.
AB40-ASA1,880
20Section
880. 48.069 (3) of the statutes is amended to read:
AB40-ASA1,527,2421
48.069
(3) A court or county department responsible for disposition staff or, in
22a county having a population of
500,000 750,000 or more, the department may agree
23with the court or county department responsible for providing intake services that
24the disposition staff may be designated to provide some or all of the intake services.
AB40-ASA1,881
25Section
881. 48.07 (5) (b) 2. of the statutes is amended to read:
AB40-ASA1,528,15
148.07
(5) (b) 2. On receipt of an application from a prospective court-appointed
2special advocate, the court-appointed special advocate program, with the assistance
3of the department of justice, shall conduct a background investigation of the
4applicant. If the court-appointed special advocate program determines that any
5information obtained as a result of the background investigation provides a
6reasonable basis for further investigation, the court-appointed special advocate
7program may require the applicant to be fingerprinted on 2 fingerprint cards, each
8bearing a complete set of the applicant's fingerprints
, or by other technologies
9approved by law enforcement agencies. The department of justice may provide for
10the submission of the fingerprint cards
or fingerprints by other technologies to the
11federal bureau of investigation for the purposes of verifying the identification of the
12applicant and obtaining the applicant's criminal arrest and conviction record. The
13court-appointed special advocate program shall keep confidential all information
14received from the department of justice and the federal bureau of investigation under
15this subdivision.
AB40-ASA1,882
16Section
882. 48.345 (6m) of the statutes is amended to read:
AB40-ASA1,528,2317
48.345
(6m) If the report prepared under s. 48.33 (1) recommends that the child
18is in need of a coordinated services plan of care and if an initiative under s. 46.56 has
19been established
in for the county or, for a child who is a member of a tribe, as defined
20in s. 46.56 (1) (q),
by for a tribe, the judge may order an assessment of the child and
21the child's family for eligibility for and appropriateness of the initiative, and if
22eligible for enrollment in the initiative, that a coordinated services plan of care be
23developed and implemented.
AB40-ASA1,890
24Section
890. 48.43 (7) of the statutes is renumbered 48.43 (7) (a) and amended
25to read:
AB40-ASA1,529,5
148.43
(7) (a) If the agency specified under sub. (1) (a) is the department
and,
2the department shall seek a permanent adoptive placement for the child or seek to
3enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed
4guardian of the child and petition the court for the appointment of that individual
5as the guardian of the child under s. 48.977 (2).
AB40-ASA1,529,12
6(b) If a permanent adoptive
or subsidized guardianship placement is not in
7progress 2 years after entry of the order, the department may petition the court to
8transfer legal custody of the child to a county department, except that the
9department may not petition the court to transfer to a county department legal
10custody of a child who was initially taken into custody under s. 48.195 (1). The court
11shall transfer the child's legal custody to the county department specified in the
12petition. The department shall remain the child's guardian.
AB40-ASA1,891
13Section
891. 48.48 (3m) (d) of the statutes is amended to read:
AB40-ASA1,529,1714
48.48
(3m) (d) The tribal court has signed a written contract that addresses
15federal and state law and that provides that the tribal court will accept the return
16of the legal custody or the legal custody and guardianship of the child if the
17department petitions the tribal court to do so under s. 48.485
(2).
AB40-ASA1,892
18Section
892. 48.48 (8p) of the statutes is amended to read:
AB40-ASA1,530,219
48.48
(8p) To reimburse tribes and county departments, from the
20appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost
21out-of-home care placements of Indian children by tribal courts
and for subsidized
22guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian
23children ordered by tribal courts. In this subsection, "unusually high-cost
24out-of-home care placements" means the amount by which the cost to a tribe or to
1a county department of out-of-home care placements of Indian children by tribal
2courts exceeds $50,000 in a fiscal year.
AB40-ASA1,893
3Section
893. 48.48 (16m) of the statutes is amended to read:
AB40-ASA1,530,104
48.48
(16m) To employ under the unclassified service in an office of the
5department that is located in a 1st class city a director of the office of urban
6development who shall be appointed by the secretary to serve at the pleasure of the
7secretary and who shall coordinate the provision of child welfare services in a county
8having a population of
500,000 750,000 or more with the implementation of the
9Wisconsin works program under ss. 49.141 to 49.161 in a county having a population
10of
500,000 750,000 or more.
AB40-ASA1,894
11Section
894. 48.48 (17) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,530,1712
48.48
(17) (a) (intro.) In a county having a population of
500,000 750,000 or
13more, to administer child welfare services and to expend such amounts as may be
14necessary out of any moneys which may be appropriated for child welfare services
15by the legislature, which may be donated by individuals or private organizations or
16which may be otherwise provided. The department shall also have authority to do
17all of the following:
AB40-ASA1,895
18Section
895. 48.481 (1) (a) of the statutes is amended to read:
AB40-ASA1,531,419
48.481
(1) (a) The department shall distribute
$497,200 foster care
20continuation grants in each fiscal year to counties for the purpose of supplementing
21payments for the care of an individual who attains age 18 after 1986 and who resided
22in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining
23age 18 and, for at least 2 years, received payments for exceptional circumstances in
24order to avoid institutionalization, as provided under rules promulgated by the
25department, so that the individual may live in a family home or other
1noninstitutional situation after attaining age 18. No county may use funds provided
2under this paragraph to replace funds previously used by the county for this purpose.
3Beginning in fiscal year 2013-14, a county is eligible to receive funding under this
4paragraph only if the county received such funding in fiscal year 2012-13.
AB40-ASA1,896
5Section
896. 48.481 (2) of the statutes is created to read:
AB40-ASA1,531,126
48.481
(2) Transition to independent living. The department shall distribute
7at least $231,700 in each fiscal year to counties for the purpose of assisting
8individuals who attain the age of 18 while residing in a foster home, group home, or
9residential care center for children and youth or in the home of a relative other than
10a parent to make the transition from out-of-home care to independent living. No
11county may use funds provided under this subsection to replace funds previously
12used by the county for this purpose.
AB40-ASA1,897
13Section
897. 48.485 of the statutes is renumbered 48.485 (1) and amended to
14read:
AB40-ASA1,531,2015
48.485
(1) If the department accepts guardianship or legal custody or both from
16a tribal court under s. 48.48 (3m), the department shall seek a permanent adoptive
17placement for the child
or seek to enter into a subsidized guardianship agreement
18under s. 48.623 (2) with a proposed guardian of the child and petition the court for
19the appointment of that individual as the guardian of the child under s. 48.977 (2)
20or under a substantially similar tribal law.
AB40-ASA1,532,2
21(2) If a permanent adoptive
or subsidized guardianship placement is not in
22progress within 2 years after entry of the termination of parental rights order by the
23tribal court, the department may petition the tribal court to transfer legal custody
24or guardianship of the Indian child back to the Indian tribe, except that the
25department may not petition the tribal court to transfer back to an Indian tribe legal
1custody or guardianship of an Indian child who was initially taken into custody
2under s. 48.195 (1).
AB40-ASA1,898
3Section
898. 48.487 (title) of the statutes is amended to read:
AB40-ASA1,532,4
448.487 (title)
Tribal adolescent family services.
AB40-ASA1,899
5Section
899. 48.487 (1m) of the statutes is amended to read:
AB40-ASA1,532,126
48.487
(1m) Tribal adolescent family services allocation grants. From the
7appropriation account under s. 20.437 (1)
(eg) (bd), the department may
allocate
8$210,000 in each fiscal year to provide the grants specified distribute tribal family
9services grants to the elected governing bodies of the Indian tribes in this state. An
10elected governing body that receives a grant under this subsection may expend the
11grant moneys received for any of the purposes specified in subs. (2), (3) (b),
and (4m)
12(b)
, (5) (b), (6), and (7) as determined by that body.
AB40-ASA1,900
13Section
900. 48.487 (2) of the statutes is amended to read:
AB40-ASA1,532,2314
48.487
(2) Adolescent self-sufficiency services. From the allocation under
15sub. (1m), the department may provide a grant annually in the amount of $85,000
16to the An elected governing body of an Indian tribe
may expend moneys from a grant
17received under sub. (1m) to provide services for adolescent parents
which. Those
18services shall emphasize high school graduation and vocational preparation,
19training, and experience and may be structured so as to strengthen the adolescent
20parent's capacity to fulfill parental responsibilities by developing social skills and
21increasing parenting skills.
The Indian tribe seeking to receive a grant to provide
22these An Indian tribe that provides those services shall develop a proposed service
23plan that is approved by the department.
AB40-ASA1,901
24Section
901. 48.487 (3) (b) of the statutes is amended to read:
AB40-ASA1,533,8
148.487
(3) (b)
From the allocation under sub. (1m), the department may provide
2a grant annually in the amount of $65,000 to the An elected governing body of an
3Indian tribe
may expend moneys from a grant received under sub. (1m) to provide
4to high-risk adolescents pregnancy and parenthood prevention services
which to
5high-risk adolescents. Those services shall be structured so as to increase
the 6development of decision-making and communications skills, promote graduation
7from high school, and expand career and other options and
which may address needs
8of adolescents with respect to pregnancy prevention.
AB40-ASA1,902
9Section
902. 48.487 (4m) (title) of the statutes is amended to read:
AB40-ASA1,533,1010
48.487
(4m) (title)
Adolescent choices
project grants projects.
AB40-ASA1,903
11Section
903. 48.487 (4m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,533,1812
48.487
(4m) (b) (intro.)
From the allocation under sub. (1m), the department
13may provide a grant annually in the amount of $60,000 to the An elected governing
14body of an Indian tribe
for the provision of may expend moneys from a grant received
15under sub. (1m) to provide information to members of the Indian tribe in order to
16increase community knowledge about
the problems of adolescents and
to provide 17information to and activities for adolescents, particularly female adolescents, in
18order to enable the adolescents to develop skills with respect to all of the following:
AB40-ASA1,904
19Section
904. 48.487 (4m) (c) of the statutes is amended to read:
AB40-ASA1,534,220
48.487
(4m) (c)
Each funded tribal project An Indian tribe that provides
21services under par. (b) shall provide
those services in
areas an area of the state
as that
22is approved by the Indian tribe and the department. The department shall
23determine the boundaries of the
regional areas prior to soliciting project grant
24applications regions in this state within which the Indian tribes may provide services
1under par. (b) before approving the service area of an Indian tribe under this
2paragraph.
AB40-ASA1,905
3Section
905. 48.487 (4m) (d) of the statutes is amended to read:
AB40-ASA1,534,84
48.487
(4m) (d) Prior to
making grants to applying Indian tribes under par. (b) 5approving the service area of an Indian tribe under par. (c), the department shall
6consider whether and how the
applying Indian tribe proposes to coordinate its
7services with other public or private resources, programs, or activities in the region
8and the state.
AB40-ASA1,906
9Section
906. 48.487 (4m) (e) of the statutes is amended to read:
AB40-ASA1,534,1310
48.487
(4m) (e) The department shall work closely with the women's council
11and the department of public instruction, on a continuing basis, concerning the scope
12and direction of activities
under projects funded by the program conducted under
13par. (b).
AB40-ASA1,907
14Section
907. 48.487 (5) of the statutes is created to read:
AB40-ASA1,534,1515
48.487
(5) Domestic abuse services. (a) In this subsection:
AB40-ASA1,534,2016
1. "Domestic abuse" means physical abuse, including a violation of s. 940.225
17(1), (2), or (3), or any threat of physical abuse between adult family or adult household
18members, by a minor family or minor household member against an adult family or
19adult household member, by an adult against his or her adult former spouse or by an
20adult against an adult with whom the person has a child in common.
AB40-ASA1,534,2121
2. "Domestic abuse services" means any of the following:
AB40-ASA1,534,2222
a. Shelter facilities or private home shelter care.
AB40-ASA1,534,2323
b. Advocacy and counseling for victims.
AB40-ASA1,534,2424
c. A 24-hour telephone service.
AB40-ASA1,534,2525
d. Community education.
AB40-ASA1,535,2
13. "Family member" means a spouse, a parent, a child, or a person related by
2blood or adoption to another person.
AB40-ASA1,535,43
4. "Household member" means a person currently or formerly residing in a
4place of abode with another person.
AB40-ASA1,535,105
(b) Subject to pars. (c) and (d), an elected governing body of an Indian tribe may
6expend moneys from a grant received under sub. (1m) to provide domestic abuse
7services. If an elected governing body of an Indian tribe expends those moneys for
8those services, the body shall provide matching funds or in-kind contributions in an
9amount to be determined by the department. The department shall establish
10guidelines regarding the types of contributions that qualify as in-kind contributions.
AB40-ASA1,535,1711
(c) An elected governing body of an Indian tribe may provide shelter facilities
12only if the department of safety and professional services determines that the
13physical plant of the facility will not be dangerous to the health or safety of the
14residents when the facility is in operation. An elected governing body of an Indian
15tribe may provide shelter facilities or private home shelter care only if the body
16ensures that the following services will be provided either by that Indian tribe or by
17another person:
AB40-ASA1,535,1818
1. A 24-hour telephone service.
AB40-ASA1,535,1919
2. Temporary housing and food.
AB40-ASA1,535,2020
3. Advocacy and counseling for victims.
AB40-ASA1,535,2121
4. Referral and follow-up services.
AB40-ASA1,535,2222
5. Arrangements for education of school-age children.
AB40-ASA1,535,2323
6. Emergency transportation to the shelter.
AB40-ASA1,535,2424
7. Community education.
AB40-ASA1,536,3
1(d) An Indian tribe that provides domestic abuse services under this subsection
2shall report all of the following information to the department by February 15
3annually:
AB40-ASA1,536,54
1. The total expenditures that the Indian tribe made on domestic abuse services
5in the previous tribal fiscal year.
AB40-ASA1,536,76
2. The expenditures specified in subd. 1. by general category of domestic abuse
7services provided.
AB40-ASA1,536,98
3. The number of persons served in the previous tribal fiscal year by general
9type of domestic abuse service.
AB40-ASA1,536,1210
4. The number of persons who were in need of domestic abuse services in the
11previous tribal fiscal year but who did not receive the domestic abuse services that
12they needed.
AB40-ASA1,908
13Section
908. 48.487 (7) of the statutes is created to read:
AB40-ASA1,536,1614
48.487
(7) Child welfare services. An elected governing body of an Indian
15tribe may expend moneys from a grant received under sub. (1m) to provide child
16welfare services as authorized under
42 USC 621 to
628b.
AB40-ASA1,909
17Section
909. 48.56 (title) of the statutes is amended to read:
AB40-ASA1,536,19
1848.56 (title)
Child welfare services in counties having populations of
19less than 500,000 750,000.
AB40-ASA1,910
20Section
910. 48.56 (1) of the statutes is amended to read:
AB40-ASA1,536,2221
48.56
(1) Each county having a population of less than
500,000 750,000 shall
22provide child welfare services through its county department.
AB40-ASA1,911
23Section
911. 48.561 (title) of the statutes is amended to read:
AB40-ASA1,536,25
2448.561 (title)
Child welfare services in a county having a population of
25500,000 750,000 or more.
AB40-ASA1,912
1Section
912. 48.561 (1) of the statutes is amended to read:
AB40-ASA1,537,32
48.561
(1) The department shall provide child welfare services in a county
3having a population of
500,000 750,000 or more.
AB40-ASA1,913
4Section
913. 48.561 (2) of the statutes is amended to read:
AB40-ASA1,537,85
48.561
(2) The department shall employ personnel in a county having a
6population of
500,000 750,000 or more who devote all of their time directly or
7indirectly to child welfare services. Whenever possible, these personnel shall be
8social workers certified under ch. 457.
AB40-ASA1,914
9Section
914. 48.561 (3) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,537,1310
48.561
(3) (a) (intro.) A county having a population of
500,000 750,000 or more
11shall contribute $58,893,500 in each state fiscal year for the provision of child welfare
12services in that county by the department. That contribution shall be made as
13follows:
AB40-ASA1,915
14Section
915. 48.561 (3) (b) of the statutes is amended to read:
AB40-ASA1,538,215
48.561
(3) (b) The department of administration shall collect the amount
16specified in par. (a) 3. from a county having a population of
500,000 750,000 or more
17by deducting all or part of that amount from any state payment due that county
18under s. 79.035, 79.04, or 79.08. The department of administration shall notify the
19department of revenue, by September 15 of each year, of the amount to be deducted
20from the state payments due under s. 79.035, 79.04
, or 79.08. The department of
21administration shall credit all amounts collected under this paragraph to the
22appropriation account under s. 20.437 (1) (kw) and shall notify the county from which
23those amounts are collected of that collection. The department may not expend any
24moneys from the appropriation account under s. 20.437 (1) (cx) for providing services
1to children and families under s. 48.48 (17) until the amounts in the appropriation
2account under s. 20.437 (1) (kw) are exhausted.
AB40-ASA1,916
3Section
916. 48.563 (1) (a) of the statutes is amended to read:
AB40-ASA1,538,74
48.563
(1) (a) Within the limits of available federal funds and of the
5appropriations under s. 20.437 (1) (b),
(cx), (km), and (o), the department shall
6distribute funds for children and family services to county departments as provided
7in subs. (2),
(3), (4), and (7m) and s. 48.986.
AB40-ASA1,917
8Section
917. 48.563 (3) of the statutes is renumbered 48.487 (6) and amended
9to read:
AB40-ASA1,538,1510
48.487
(6) Tribal child care. For An elected governing body of an Indian tribe
11may expend moneys from a grant received under sub. (1m) to provide child care
12services under
42 USC 9858, the department shall distribute not more than $412,800
13in each fiscal year from the appropriation account under s. 20.437 (1) (b) to Indian
14tribes. An Indian tribe that receives funding under this subsection shall use that
15funding to provide child care for an eligible child, as defined in
42 USC 9858n (4).
AB40-ASA1,918
16Section
918. 48.563 (4) of the statutes is created to read: