Amendment SA2-AB64

AB64-SA2,54,3 “(1w) Financial aid information. The treatment of sections 39.28 (7), 39.54, and 224.30 (6) of the statutes takes effect on the first day of the 7th month beginning after publication.”.

AB64-SA2,54,4 44. At the appropriate places, insert all of the following:

AB64-SA2,54,5 “ Section 1. 48.48 (9m) of the statutes is amended to read:

AB64-SA2,54,7 48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a) and secured residential care centers for children and youth.

AB64-SA2,2 Section 2. 48.605 of the statutes is created to read:

AB64-SA2,54,17 48.605 Secure residential care centers for children and youth licensed. No person may hold in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) without first obtaining a license from the department to operate a secured residential care center for children and youth. To obtain a license to operate a secured residential care center for children and youth, a person must be a county department or licensed as a child welfare agency, meet the minimum requirements for a license established by the department under s. 48.67, and meet the requirements specified in s. 48.685.

AB64-SA2,3 Section 3. 48.66 (1) (a) of the statutes is amended to read:

AB64-SA2,55,4 48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, secured residential care centers for children and youth, as required by s. 48.605, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed.

AB64-SA2,4 Section 4. 48.66 (1) (b) of the statutes, as affected by 2017 Wisconsin Act 47, is repealed.

AB64-SA2,5 Section 5. 48.66 (1) (c) of the statutes is amended to read:

AB64-SA2,55,13 48.66 (1) (c) A license issued under par. (a) or (b), other than a license to operate a foster home or secured residential care center for children and youth, is valid until revoked or suspended. A license issued under this subsection par. (a) to operate a foster home or secured residential care center for children and youth may be for any term not to exceed 2 years from the date of issuance. No license issued under par. (a) or (b) is transferable.

AB64-SA2,6 Section 6. 48.66 (2m) (a) 1. of the statutes is amended to read:

AB64-SA2,55,23 48.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility, or child care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB64-SA2,7 Section 7. 48.66 (2m) (am) of the statutes is repealed.

AB64-SA2,8 Section 8. 48.66 (2m) (b) of the statutes is amended to read:

AB64-SA2,56,9 48.66 (2m) (b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, that department may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.

AB64-SA2,9 Section 9. 48.66 (2m) (bm) of the statutes is repealed.

AB64-SA2,10 Section 10. 48.66 (2m) (cm) of the statutes is repealed.

AB64-SA2,11 Section 11. 48.67 (intro.) of the statutes is amended to read:

AB64-SA2,57,2 48.67 Rules governing child welfare agencies, secured residential care centers for children and youth, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, secured residential care centers for children and youth, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of safety and professional services, the department of public instruction, and the child abuse and neglect prevention board , and, for rules pertaining to secured residential care centers for children and youth, the department of corrections before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

AB64-SA2,12 Section 12. 48.67 (3) (c) of the statutes is amended to read:

AB64-SA2,57,15 48.67 (3) (c) That all staff members of a shelter care facility or a secured residential care center for children and youth who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or shelter care facility demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38), and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.

AB64-SA2,13 Section 13. 48.67 (5) of the statutes is amended to read:

AB64-SA2,58,4 48.67 (5) That all child welfare agencies that operate a residential care center for children and youth, all group homes, all secured residential care centers for children and youth, and all shelter care facilities employ on the site of the center, group home, or shelter care facility at all times a staff member designated as an out-of-home care provider for purposes of making decisions concerning the participation of a child placed in the center, group home, or shelter care facility in age or developmentally appropriate activities. Those rules shall also require an out-of-home care provider so designated to receive training in knowledge and skills relating to the use of the reasonable and prudent parent standard in making decisions concerning a child's participation in age or developmentally appropriate activities. In addition, those rules shall require an out-of-home care provider so trained to make reasonable and prudent parenting decisions in accordance with the reasonable and prudent parent standard.

AB64-SA2,14 Section 14. 48.715 (6) of the statutes is amended to read:

AB64-SA2,58,20 48.715 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center , and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured residential care center for children and youth, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB64-SA2,15 Section 15. 48.981 (1) (cu) of the statutes is amended to read:

AB64-SA2,59,2 48.981 (1) (cu) “Juvenile correctional officer" means a person employed by the state, a political subdivision of the state, a child welfare agency that is licensed under s. 48.66 (1) (b) (a), or a private entity contracting under s. 938.222 whose principal duty is the supervision of juveniles held in a juvenile detention facility, a juvenile correctional facility, or a secured residential care center for children and youth.

AB64-SA2,16 Section 16. 49.857 (1) (d) 3. of the statutes is amended to read:

AB64-SA2,59,4 49.857 (1) (d) 3. A license issued under s. 48.66 (1) (a) or (b).

AB64-SA2,17 Section 17. 73.0301 (1) (d) 2. of the statutes is amended to read:

AB64-SA2,59,9 73.0301 (1) (d) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center, as required by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).

AB64-SA2,18 Section 18. 108.227 (1) (e) 2. of the statutes is amended to read:

AB64-SA2,59,14 108.227 (1) (e) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center, as required by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).

AB64-SA2,19 Section 19. 301.20 (title) of the statutes is repealed.

AB64-SA2,20 Section 20. 301.20 of the statutes is renumbered 301.26 (2) (b) and amended to read:

AB64-SA2,60,3 301.26 (2) (b) The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it considers necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution Type 1 juvenile correctional facility financed by the authorized 1965-67 building program and located in Irma, Lincoln County, for the treatment of delinquent boys juveniles who are adjudged delinquent and placed under the supervision of the department under s. 938.34 (4h) or (4m).

AB64-SA2,60,7 (d) All laws pertaining to the care of juveniles received under s. 938.34 shall apply to a facility that is contracted for, maintained, or operated by the department under this subsection. Officers and employees of the institution facility are subject to the same laws as apply to other facilities described in s. 938.52.

AB64-SA2,21 Section 21. 301.26 (2) (title) and (a) of the statutes are created to read:

AB64-SA2,60,9 301.26 (2) (title) Juvenile correctional facilities. (a) In this subsection:

AB64-SA2,60,11 1. “Type 1 juvenile correctional facility” has the meaning given under s. 938.02 (19).

AB64-SA2,60,13 2. “Type 2 residential care center for children and youth” has the meaning given under s. 938.02 (19r).

AB64-SA2,22 Section 22. 301.26 (2) (c) of the statutes is created to read:

AB64-SA2,60,19 301.26 (2) (c) The department shall, under s. 301.08 (1) (b) 3., contract for the supervision, maintenance, and operation of a residential care center for children and youth, which the department shall designate as a Type 2 residential care center for children and youth, and a Type 1 juvenile correctional facility to be located in the same building or set of buildings in a county with a population of 750,000 or more.

AB64-SA2,23 Section 23. 938.02 (15g) of the statutes is amended to read:

AB64-SA2,60,24 938.02 (15g) “Secured residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) (a) to hold in secure custody persons adjudged delinquent.

AB64-SA2,24 Section 24. 938.22 (1) (a) of the statutes is amended to read:

AB64-SA2,61,11 938.22 (1) (a) Subject to s. 48.66 (1) (b), the The county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.”.

AB64-SA2,61,13 (End)