LRB-5066/1
EAW:kjf
2017 - 2018 LEGISLATURE
December 21, 2017 - Introduced by Senators Bewley,
Wanggaard, Olsen and L.
Taylor, cosponsored by Representatives Kleefisch, Bowen, Ohnstad,
Kolste, Quinn, Krug, Kessler, Kulp, Tauchen, Considine, Subeck, Brostoff,
Anderson, Berceau and Tittl. Referred to Committee on Judiciary and
Public Safety.
SB660,1,11
1An Act to repeal 48.66 (1) (b), 48.66 (2m) (am), 48.66 (2m) (bm) and 48.66 (2m)
2(cm);
to renumber and amend 938.357 (4) (b) 2.;
to amend 48.48 (9m), 48.60
3(2) (c), 48.66 (1) (a), 48.66 (1) (c), 48.66 (2m) (a) 1., 48.66 (2m) (b), 48.67 (intro.),
448.67 (3) (c), 48.67 (5), 48.715 (6), 49.343 (title), 49.343 (1g), 49.343 (2) (a) and
5(b) 2., 49.857 (1) (d) 3., 51.35 (3) (a), 51.35 (3) (e), 73.0301 (1) (d) 2., 101.123 (1)
6(ac) 2., 101.123 (2) (d) 3., 108.227 (1) (e) 2., 115.76 (10), 938.02 (15g), 938.22 (1)
7(a), 938.33 (3r), 938.34 (4d) (b), 938.34 (4m) (intro.), 938.357 (4) (a), 938.357 (4)
8(b) 1., 938.505 (1) and 938.539 (3); and
to create 48.605, 49.343 (1d) (e), 101.123
9(1) (gm), 938.221 and 938.357 (4) (b) 2. b. of the statutes;
relating to: secured
10residential care centers for children and youth and granting rule-making
11authority.
Analysis by the Legislative Reference Bureau
This bill transfers licensing authority for a secured residential care center for
children and youth (SRCCCY) from the Department of Corrections to the
Department of Children and Families, requires Milwaukee County to establish or
contract for enough SRCCCYs to accommodate all Milwaukee County juveniles who
are under a secured correctional placement, and allows other counties to establish
or contract for SRCCCYs.
Under current law, a juvenile who has been adjudicated delinquent under the
Juvenile Justice Code for the commission of an act that would be punishable by a
sentence of six months or more if committed by an adult and who is found to be a
danger to the public and to be in need of restrictive custodial placement may receive
a correctional placement in a Type 1 juvenile correctional facility or an SRCCCY
under the supervision of DOC or in a Type 2 residential care center for children and
youth under the supervision of the county department of social services or county
department of health services (county department). Under the bill, a juvenile who
receives a correctional placement may be placed in a Type 1 juvenile correctional
facility under the supervision of DOC or in an SRCCCY under the supervision of
either DOC or the county department.
Under current law, DOC may license a child welfare agency to operate an
SRCCCY. Such a license is valid for up to two years. Under the bill, DCF can license
a county department or a child welfare agency to operate an SRCCCY. An entity
licensed to operate an SRCCCY under the bill may hold in secured custody up to 12
juveniles who have been adjudged delinquent and are under a correctional
placement under the Juvenile Justice Code. The bill grants county departments that
oversee child welfare the same authority that DOC has under current law to
supervise juveniles who are placed in an SRCCCY.
Under the bill, an SRCCCY is generally required to meet the same statutory
standards as DCF licensees for shelter care facilities, group homes, child welfare
agencies, and residential care centers for children and youth. The bill also grants
DCF the authority to promulgate rules establishing the minimum requirements for
licensing and operation of an SRCCCY, in consultation with DOC, and authorizes
DCF to establish uniform reimbursement rates for services that are offered at an
SRCCCY.
Under current law, if a juvenile who has been placed in a Type 2 residential care
center for children and youth under the supervision of a county department violates
a condition of his or her placement, the juvenile can be transferred to a Type 1
juvenile correctional facility and placed under the supervision of DOC. This bill
allows a juvenile in a Type 2 residential care center for children and youth to be
transferred to an SRCCCY and to remain under the supervision of the county
department. Under current law, if a juvenile who has been placed in a Type 2
residential care center for children and youth under the supervision of DOC violates
a condition of his or her placement, the juvenile can be transferred to a Type 1
juvenile correctional facility and remains under the supervision of DOC. Under this
bill, if a juvenile who has been placed in a Type 2 residential care center for children
and youth under the supervision of DOC violates a condition of his or her placement,
the juvenile can be transferred to a Type 1 juvenile correctional facility or an
SRCCCY and remains under the supervision of DOC in either placement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB660,1
1Section
1. 48.48 (9m) of the statutes is amended to read:
SB660,3,32
48.48
(9m) To license shelter care facilities
and secured residential care centers
3for children and youth as provided in s. 48.66 (1) (a).
SB660,2
4Section
2. 48.60 (2) (c) of the statutes is amended to read:
SB660,3,65
48.60
(2) (c) A public agency
, except a county department licensed to operate
6a secured residential care center for children and youth under s. 48.66 (1) (a).
SB660,3
7Section
3. 48.605 of the statutes is created to read:
SB660,3,16
848.605 Secured residential care centers for children and youth
9licensed. (1) No person may hold in secure custody juveniles who have been
10convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d),
11(4h), or (4m) in a secured residential care center for children and youth without first
12obtaining a license from the department under s. 48.66 (1) (a). To obtain a license
13to operate a secured residential care center for children and youth, a person must be
14a county department or licensed as a child welfare agency, meet the minimum
15requirements for a license established by the department under s. 48.67, and meet
16the requirements specified in s. 48.685.
SB660,3,19
17(2) A secured residential care center for children and youth licensed under this
18subsection may not be licensed to hold more than 12 juveniles in secure custody at
19one time.
SB660,4,15
148.66
(1) (a) Except as provided in s. 48.715 (6) and (7), the department shall
2license and supervise child welfare agencies, as required by s. 48.60, group homes,
3as required by s. 48.625, shelter care facilities, as required by s. 938.22,
secured
4residential care centers for children and youth, as required by s. 48.605, and child
5care centers, as required by s. 48.65. The department may license foster homes, as
6provided by s. 48.62, and may license and supervise county departments in
7accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The
8department may supervise a child care program established or contracted for under
9s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In
10the discharge of this duty the department may inspect the records and visit the
11premises of all child welfare agencies, group homes, shelter care facilities, and child
12care centers and visit the premises of all foster homes in which children are placed.
13The department may also inspect the records and visit the premises of all child care
14programs established or contracted for under s. 120.13 (14) that receive payment
15under s. 49.155 for the child care provided.
SB660,6
18Section
6. 48.66 (1) (c) of the statutes is amended to read:
SB660,4,2419
48.66
(1) (c) A license issued under par. (a)
or (b), other than a license to operate
20a foster home or secured residential care center for children and youth, is valid until
21revoked or suspended. A license issued under
this subsection par. (a) to operate a
22foster home or secured residential care center for children and youth may be for any
23term not to exceed 2 years from the date of issuance. No license issued under par.
24(a)
or (b) is transferable.
SB660,7
25Section 7
. 48.66 (2m) (a) 1. of the statutes is amended to read:
SB660,5,10
148.66
(2m) (a) 1. Except as provided in subd. 2., the department shall require
2each applicant for a license under sub. (1) (a) to operate a child welfare agency,
3secured residential care center for children and youth, group home, shelter care
4facility, or child care center who is an individual to provide
that the department with
5the applicant's social security number, and shall require each applicant for a license
6under sub. (1) (a) to operate a child welfare agency,
secured residential care center
7for children and youth, group home, shelter care facility, or child care center who is
8not an individual to provide
that the department with the applicant's federal
9employer identification number, when initially applying for or applying to continue
10the license.
SB660,8
11Section 8
. 48.66 (2m) (am) of the statutes is repealed.
SB660,9
12Section 9
. 48.66 (2m) (b) of the statutes is amended to read:
SB660,5,2113
48.66
(2m) (b) If an applicant who is an individual fails to provide the
14applicant's social security number to the department or if an applicant who is not an
15individual fails to provide the applicant's federal employer identification number to
16the department,
that the department may not issue or continue a license under sub.
17(1) (a) to operate a child welfare agency,
secured residential care center for children
18and youth, group home, shelter care facility, or child care center to or for the applicant
19unless the applicant is an individual who does not have a social security number and
20the applicant submits a statement made or subscribed under oath or affirmation as
21required under par. (a) 2.
SB660,10
22Section 10
. 48.66 (2m) (bm) of the statutes is repealed.
SB660,11
23Section
11. 48.66 (2m) (cm) of the statutes is repealed.
SB660,12
24Section
12. 48.67 (intro.) of the statutes is amended to read:
SB660,6,15
148.67 Rules governing child welfare agencies, secured residential care
2centers for children and youth, child care centers, foster homes, group
3homes, shelter care facilities, and county departments. (intro.) The
4department shall promulgate rules establishing minimum requirements for the
5issuance of licenses to, and establishing standards for the operation of, child welfare
6agencies,
secured residential care centers for children and youth, child care centers,
7foster homes, group homes, shelter care facilities, and county departments. Those
8rules shall be designed to protect and promote the health, safety, and welfare of the
9children in the care of all licensees. The department shall consult with the
10department of safety and professional services, the department of public instruction,
11and the child abuse and neglect prevention board
, and, for rules pertaining to
12secured residential care centers for children and youth, the department of
13corrections before promulgating those rules. For foster homes, those rules shall
14include the rules promulgated under s. 48.62 (8). Those rules shall include rules that
15require all of the following:
SB660,13
16Section
13. 48.67 (3) (c) of the statutes is amended to read:
SB660,7,317
48.67
(3) (c) That all staff members of a shelter care facility
or a secured
18residential care center for children and youth who provide care and supervision for
19children have current proficiency in the use of an automated external defibrillator,
20as defined in s. 256.15 (1) (cr), achieved through instruction provided by an
21individual, organization, or institution of higher education that is approved under
22s. 46.03 (38) to provide such instruction or through instruction obtained in
23connection with military service, as defined in s. 111.32 (12g), if the staff member or
24shelter care facility demonstrates to the satisfaction of the department that the
25instruction obtained in that connection is substantially equivalent to the instruction
1provided by a person approved under s. 46.03 (38), and that all shelter care facilities
2have readily available on the premises of the shelter care facility a staff member or
3other person who has that proficiency.
SB660,14
4Section
14. 48.67 (5) of the statutes is amended to read:
SB660,7,175
48.67
(5) That all child welfare agencies that operate a residential care center
6for children and youth, all group homes,
all secured residential care centers for
7children and youth, and all shelter care facilities employ on the site of the center,
8group home, or shelter care facility at all times a staff member designated as an
9out-of-home care provider for purposes of making decisions concerning the
10participation of a child placed in the center, group home, or shelter care facility in age
11or developmentally appropriate activities. Those rules shall also require an
12out-of-home care provider so designated to receive training in knowledge and skills
13relating to the use of the reasonable and prudent parent standard in making
14decisions concerning a child's participation in age or developmentally appropriate
15activities. In addition, those rules shall require an out-of-home care provider so
16trained to make reasonable and prudent parenting decisions in accordance with the
17reasonable and prudent parent standard.
SB660,15
18Section
15. 48.715 (6) of the statutes is amended to read:
SB660,8,819
48.715
(6) The department shall deny, suspend, restrict, refuse to renew, or
20otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s.
2148.69 to operate a child welfare agency,
secured residential care center for children
22and youth, group home, shelter care facility, or child care center
, and the department
23of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a
24license under s. 48.66 (1) (b) to operate a secured residential care center for children
25and youth, for failure of the applicant or licensee to pay court-ordered payments of
1child or family support, maintenance, birth expenses, medical expenses, or other
2expenses related to the support of a child or former spouse or for failure of the
3applicant or licensee to comply, after appropriate notice, with a subpoena or warrant
4issued by the department or a county child support agency under s. 59.53 (5) and
5related to paternity or child support proceedings, as provided in a memorandum of
6understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
7taken under this subsection is subject to review only as provided in the memorandum
8of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SB660,16
9Section 16
. 49.343 (title) of the statutes is amended to read:
SB660,8,12
1049.343 (title)
Rates for residential care centers, secured residential
11care centers for children and youth, group homes, and child welfare
12agencies.
SB660,17
13Section 17
. 49.343 (1d) (e) of the statutes is created to read:
SB660,8,1514
49.343
(1d) (e) “Secured residential care center for children and youth” has the
15meaning given in s. 48.02 (16m).
SB660,18
16Section 18
. 49.343 (1g) of the statutes is amended to read:
SB660,9,417
49.343
(1g) Establishment of rates. For services provided beginning on
18January 1, 2011, the department shall establish the per client rate that a residential
19care center for children and youth
, secured residential care center for children and
20youth, or a group home may charge for its services, and the per client administrative
21rate that a child welfare agency may charge for the administrative portion of its
22foster care services, as provided in this section. In establishing rates for a placement
23specified in s. 938.357 (4)
(b) 1. or 2. or (c) 1. or 2., the department shall consult with
24the department of corrections. A residential care center for children and youth
, a
25secured residential care center for children and youth, and a group home shall charge
1all purchasers the same rate for the same services and a child welfare agency shall
2charge all purchasers the same administrative rate for the same foster care services.
3The department shall determine the levels of care created under the rules
4promulgated under s. 48.62 (8) to which this section applies.
SB660,19
5Section 19
. 49.343 (2) (a) and (b) 2. of the statutes are amended to read:
SB660,9,166
49.343
(2) (a) By October 1, annually, a residential care center for children and
7youth
, a secured residential care center for children and youth, or a group home shall
8submit to the department the per client rate that it proposes to charge for services
9provided in the next year and a child welfare agency shall submit to the department
10the proposed per client administrative rate that it proposes to charge for foster care
11services provided in the next year. The department shall provide forms and
12instructions for the submission of proposed rates under this paragraph and a
13residential care center for children and youth,
secured residential care center for
14children and youth, group home, or child welfare agency that is required to submit
15a proposed rate under this paragraph shall submit that proposed rate using those
16forms and instructions.
SB660,9,2017
(b) 2. Changes in the allowable costs of the residential care center for children
18and youth,
secured residential care center for children and youth, group home, or
19child welfare agency based on current actual cost data or documented projections of
20costs.
SB660,20
21Section 20
. 49.857 (1) (d) 3. of the statutes is amended to read:
SB660,9,2222
49.857
(1) (d) 3. A license issued under s. 48.66 (1) (a)
or (b).
SB660,21
23Section 21
. 51.35 (3) (a) of the statutes is amended to read:
SB660,9,2524
51.35
(3) (a) A licensed psychologist of a juvenile correctional facility or a
25secured residential care center for children and youth, or a licensed physician of the
1department of corrections, who has reason to believe that any individual confined in
2the juvenile correctional facility or secured residential care center for children and
3youth is, in his or her opinion, in need of services for developmental disability,
4alcoholism, or drug dependency or in need of psychiatric services, and who has
5obtained consent to make a transfer for treatment, shall make a report, in writing,
6to the superintendent of the juvenile correctional facility or secured residential care
7center for children and youth, stating the nature and basis of the belief and verifying
8the consent. In the case of a minor age 14 or older who is in need of services for
9developmental disability or who is in need of psychiatric services, the minor and the
10minor's parent or guardian shall consent unless the minor is admitted under s. 51.13
11(1) (c) or unless the minor refuses to consent, in which case the minor's parent or
12guardian may consent on behalf of the minor. In the case of a minor age 14 or older
13who is in need of services for alcoholism or drug dependency or a minor under the age
14of 14 who is in need of services for developmental disability, alcoholism, or drug
15dependency or in need of psychiatric services, only the minor's parent or guardian
16needs to consent unless the minor is admitted under s. 51.13 (1) (c). The
17superintendent shall inform, orally and in writing, the minor and the minor's parent
18or guardian, that transfer is being considered and shall inform them of the basis for
19the request and their rights as provided in s. 51.13 (3) (am). If the department of
20corrections
or the county department under s. 938.02 (2g), upon review of a request
21for transfer, determines that transfer is appropriate,
that the department of
22corrections or the county department shall immediately notify the department of
23health services and, if the department of health services consents, the department
24of corrections
or county department may immediately transfer the individual. The
25department of health services shall file a petition under s. 51.13 (4) (a) in the court
1assigned to exercise jurisdiction under chs. 48 and 938 of the county where the
2treatment facility is located.
SB660,12,35
51.35
(3) (e) The department of corrections may authorize emergency transfer
6of an individual from a juvenile correctional facility or
the department of corrections
7or a county department under s. 938.02 (2g) may authorize emergency transfer of an
8individual from a secured residential care center for children and youth to a state
9treatment facility if there is cause to believe that the individual has a mental illness,
10drug dependency, or developmental disability and exhibits conduct that constitutes
11a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to
12others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20
13(1) (a) 2. e., or is dangerous and is an alcoholic or a person who is drug dependent as
14provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile
15correctional facility or secured residential care center for children and youth shall
16execute a statement of emergency detention or petition for emergency commitment
17for the individual and deliver it to the receiving state treatment facility. The
18department of health services shall file the statement or petition with the court
19within 24 hours after the subject individual is received for detention or commitment.
20The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After
21an emergency transfer is made, the director of the receiving facility may file a
22petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the
23individual to the juvenile correctional facility or secured residential care center for
24children and youth from which the transfer was made. As an alternative to this
25procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that
1no individual may be released without the approval of the court that directed
2confinement in the juvenile correctional facility or secured residential care center for
3children and youth.
SB660,23
4Section
23. 73.0301 (1) (d) 2. of the statutes is amended to read: