SB21: Bill Text

SB21,687,23 48.47 (10) Delinquent juveniles. Subject to s. 301.03 (9) and (10), execute the laws relating to the detention, reformation, and correction of delinquent juveniles and promote the enforcement of laws for the protection of those juveniles by doing all of the following:

SB21,688,2 (a) Cooperating with courts, the department of corrections, county departments, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles.

SB21,688,5 (b) Establishing and enforcing standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent.

SB21,1672 Section 1672. 48.48 (1) of the statutes is amended to read:

SB21,688,15 48.48 (1) To promote the enforcement of the laws relating to nonmarital children, delinquent juveniles, children and juveniles in need of protection or services, including developmentally disabled children , and unborn children in need of protection or services and to take the initiative in all matters involving the interests of those children, juveniles, and unborn children when adequate provision for those interests is not made. This duty shall be discharged in cooperation with the courts, the department of corrections, county departments, licensed child welfare agencies and with, parents, expectant mothers, and other individuals interested in the welfare of children, juveniles, and unborn children.

SB21,1673 Section 1673. 48.48 (4) of the statutes is amended to read:

SB21,688,23 48.48 (4) In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, to study causes and methods of prevention and treatment of problems among children and families , delinquency, and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other appropriate agencies and state departments.

SB21,1674 Section 1674. 48.48 (8p) of the statutes is amended to read:

SB21,689,9 48.48 (8p) To reimburse tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which sub. (8r) applies, and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts, other than placements to which sub. (8r) applies, exceeds $50,000 in a fiscal year.

SB21,1675 Section 1675. 48.48 (19) of the statutes is created to read:

SB21,689,16 48.48 (19) To purchase or provide treatment and services for children who are the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s. 20.437 (1) (e), the department shall ensure that that treatment and those services are available to children in all geographic areas of the state, including both urban and rural communities.

SB21,1676 Section 1676. 48.526 (title) of the statutes is created to read:

SB21,689,18 48.526 (title) Community youth and family aids.

SB21,1677 Section 1677. 48.526 (1) of the statutes is created to read:

SB21,690,2 48.526 (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and shall provide consultation and technical assistance to aid counties in the implementation and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section.

SB21,1678 Section 1678. 48.526 (7) (h) of the statutes, as affected by 2015 Wisconsin Act .... (this act), sections 4291 and 4292, is amended to read:

SB21,690,21 48.526 (7) (h) For counties that are participating in the corrective sanctions program purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2015 2017, $2,124,800 in 2016 2018, and $1,062,400 in the first 6 months of 2017 2019 for the provision of corrective sanctions community supervision services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county distribute to each county the full amount of the charges for the services purchased by that county, except that if the amounts available under this paragraph are insufficient to distribute that full amount, the department shall distribute those available amounts to each county that purchases community supervision services based on the ratio that the charges to that county for those services bear to the total charges to all counties that purchase those services.

SB21,1679 Section 1679. 48.563 (2) of the statutes is amended to read:

SB21,690,25 48.563 (2) Basic county allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $66,475,500 $68,264,800 in each fiscal year 2015-16 and $68,327,900 in fiscal year 2016-17.

SB21,1680 Section 1680. 48.569 (2) (a) of the statutes is amended to read:

SB21,691,9 48.569 (2) (a) The county treasurer and each director of a county department shall monthly certify under oath to the department, in the manner the department prescribes, the claim of the county for state reimbursement under this section, and if the department approves the claim it shall certify to the department of administration for reimbursement to the county for amounts due under this section and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

SB21,1681 Section 1681. 48.57 (3m) (a) 1. of the statutes is renumbered 48.57 (3m) (a) 1. (intro.) and amended to read:

SB21,691,13 48.57 (3m) (a) 1. (intro.) "Child" means a person under 18 years of age;. "Child" also includes a person 18 years of age or over, but if any of the following applies:

SB21,691,18 a. The person is under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma; or a person 18 years of age or over, but.

SB21,692,2 b. The person is under 21 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent if, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

SB21,1682 Section 1682. 48.57 (3m) (ar) of the statutes is renumbered 48.57 (3m) (i) 1. and amended to read:

SB21,692,10 48.57 (3m) (i) 1. The department shall promulgate rules Rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

SB21,1683 Section 1683. 48.57 (3m) (b) 1. of the statutes is amended to read:

SB21,692,16 48.57 (3m) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

SB21,1684 Section 1684. 48.57 (3m) (i) of the statutes is created to read:

SB21,692,19 48.57 (3m) (i) The department shall promulgate rules to implement this subsection. Those rules shall include all of the following:

SB21,692,21 2. Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

SB21,1685 Section 1685. 48.57 (3n) (a) 1. of the statutes is renumbered 48.57 (3n) (a) 1. (intro.) and amended to read:

SB21,692,25 48.57 (3n) (a) 1. (intro.) "Child" means a person under 18 years of age;. "Child" also includes a person 18 years of age or over, but if any of the following applies:

SB21,693,5 a. The person is under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma; or a person 18 years of age or over, but.

SB21,693,13 b. The person is under 21 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent if, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

SB21,1686 Section 1686. 48.57 (3n) (b) 1. of the statutes is amended to read:

SB21,693,19 48.57 (3n) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

SB21,1687 Section 1687. 48.57 (3n) (i) of the statutes is created to read:

SB21,693,24 48.57 (3n) (i) The department shall promulgate rules to implement this subsection. Those rules shall include rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

SB21,1688 Section 1688. 48.599 (1) of the statutes is renumbered 48.599 (1r).

SB21,1689 Section 1689. 48.599 (1g) of the statutes is created to read:

SB21,694,12 48.599 (1g) "Child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child placed in a residential care center for children and youth operated by a child welfare agency and of counting the number of children for whom a child welfare agency may provide such care and maintenance, "child" also includes a person 18 years of age or over, but under 21 years of age, who is placed in a residential care center for children and youth operated by a child welfare agency under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv).

SB21,1690 Section 1690. 48.619 (intro.) of the statutes is renumbered 48.619 and amended to read:

SB21,694,24 48.619 Definition. In this subchapter, "child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child and of counting the number of children for whom a foster home or group home may provide care and maintenance, "child" also includes a person 18 years of age or over, but under 21 years of age, who resides in the foster home or group home, if any of the following applies: under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv).

SB21,1691 Section 1691. 48.619 (1) of the statutes is repealed.

SB21,1692 Section 1692. 48.619 (2) of the statutes is repealed.

SB21,1693 Section 1693. 48.623 (1m) of the statutes is created to read:

SB21,695,5 48.623 (1m) Duration of eligibility. Subsidized guardianship payments under sub. (1) or (6) may be continued after the child attains 18 years of age if any of the following applies:

SB21,695,8 (a) The child is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.

SB21,695,16 (b) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of those payments as determined by the county department or, in a county having a population of 750,000 or more, the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

SB21,695,21 (c) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age.

SB21,1694 Section 1694. 48.623 (7) (d) of the statutes is created to read:

SB21,695,24 48.623 (7) (d) Rules governing the provision of subsidized guardianship payments for the care of a child after the child attains 18 years of age.

SB21,1695 Section 1695. 48.685 (6) (a) of the statutes is amended to read:

SB21,696,20 48.685 (6) (a) The Except as provided in this paragraph, the department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under s. 48.62, and the department in a county having a population of 750,000 or more or a county department shall require any person who applies for subsidized guardianship payments under s. 48.623 (6), and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department. The department shall require any person who applies for issuance, but not continuation, of a license to operate a child care center under s. 48.65, a school board shall require any person who proposes to contract, but not renew a contract, with the school board under s. 120.13 (14), and the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification, but not renewal of that certification, under s. 48.651 to complete a background information form that is provided by the department.

SB21,1696 Section 1696. 48.685 (6) (am) of the statutes is amended to read:

SB21,697,5 48.685 (6) (am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and all nonclient residents of the entity or of a caregiver specified in sub. (1) (ag) 1. am. of the entity to complete a background information form that is provided to the entity by the department. Every year a A child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 is exempt from the 4-year requirement, but shall require all of its caregivers and any new caregiver or nonclient residents resident to complete a background information form that is provided to the child care center or child care provider by the department.

SB21,1697 Section 1697. 48.975 (3m) of the statutes is renumbered 48.975 (3m) (intro.) and amended to read:

SB21,697,10 48.975 (3m) Duration. (intro.) The adoption assistance may be continued after the adoptee reaches the age of 18 if that adoptee is a full-time high school student. attains 18 years of age if any of the following applies:

SB21,1698 Section 1698. 48.975 (3m) (a), (b) and (c) of the statutes are created to read:

SB21,697,14 48.975 (3m) (a) The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.

SB21,697,21 (b) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of adoption assistance as determined by the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

SB21,698,2 (c) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the adoptee, and the adoption assistance agreement for the adoptee became effective on or after the date on which the adoptee attained 16 years of age.

SB21,1699 Section 1699. 48.975 (5) (f) of the statutes is created to read:

SB21,698,5 48.975 (5) (f) Rules governing the provision of adoption assistance for the care of a child after the child attains 18 years of age.

SB21,1700 Section 1700. 48.981 (1) (b) of the statutes is amended to read:

SB21,698,22 48.981 (1) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program community supervision under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

SB21,1701 Section 1701. 48.985 of the statutes is repealed.

SB21,1702 Section 1702. 49.11 (1) of the statutes is renumbered 49.11 (1e).

SB21,1703 Section 1703. 49.11 (1c) of the statutes is created to read:

SB21,699,5 49.11 (1c) "Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,1704 Section 1704. 49.11 (1c) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,699,12 49.11 (1c) "Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,1705 Section 1705. 49.138 (5) of the statutes is created to read:

SB21,699,18 49.138 (5) (a) The department shall recover from an individual receiving emergency assistance under this section an overpayment of the emergency assistance if the overpayment resulted from a misrepresentation by the individual applying for the assistance with respect to any fact having an effect on the individual's eligibility for, or the amount of, the assistance granted.

SB21,699,23 (b) If an overpayment of emergency assistance provided under this section resulted from an error made by a Wisconsin Works agency, the department shall recover the overpayment from the Wisconsin Works agency and may do so by offsetting the amount from amounts otherwise due the agency under a contract under s. 49.143.

SB21,700,2 (c) The department may recover overpayments of emergency assistance under par. (a) or (b) in the manners provided in ss. 49.195 (3m) and 49.85. Nothing in this paragraph or par. (b) precludes the department from recovering emergency assistance overpayments through any other legal means.

SB21,1706 Section 1706. 49.141 (1) (intro.) of the statutes is amended to read:

SB21,700,4 49.141 (1) Definitions. (intro.) As used in ss. 49.141 to 49.161 and 49.26:

SB21,1707 Section 1707. 49.143 (2) (a) (intro.) of the statutes is amended to read:

SB21,700,11 49.143 (2) (a) (intro.) Establish a at least one community steering committee within 60 days after the date on which the contract is awarded signed. A Wisconsin Works agency must establish as many committees as necessary to allow the representation required under subd. 1m. on each committee without exceeding the maximum number of members under subd. 1m. All of the following apply to a community steering committee created under this paragraph:

SB21,700,22 1m. The Wisconsin works Works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency, except that the chief executive officer of a county that is not a Wisconsin works agency shall appoint the director of the county department under s. 46.215, 46.22 or 46.23, or his or her designee, and one other representative of the county department under s. 46.215, 46.22 or 46.23. The committee shall consist of at least 12 members, but not more than 15 members. within the following parameters:

SB21,700,24 2m. The members of the committee shall appoint a chairperson who shall be a person who represents business interests.

SB21,700,25 4m. The committee shall do all of the following:

SB21,1708 Section 1708. 49.143 (2) (a) 1. of the statutes is renumbered 49.143 (2) (a) 4m. a.

SB21,1709 Section 1709. 49.143 (2) (a) 1m. a. of the statutes is created to read: