48.13 Jurisdiction over children alleged to be in need of protection or services. Except as provided in s. 48.028 (3), the court has exclusive original jurisdiction over a child alleged to be in need of protection or services which can be ordered by the court, and if one of the following applies:
(1) Who The child is without a parent or guardian;.
(2) Who The child has been abandoned;.
(2m) Whose The child's parent has relinquished custody of the child under s. 48.195 (1);.
(3) Who The child has been the victim of abuse, as defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted by another;.
(3m) Who The child is at substantial risk of becoming the victim of abuse, as defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;.
(4) Whose The child's parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child;.
(4m) Whose The child's guardian is unable or needs assistance to care for or provide necessary special treatment or care for the child, but is unwilling or unable to sign the petition requesting jurisdiction under this subsection;.
(5) Who The child has been placed for care or adoption in violation of law;.
(8) Who The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized;.
(9) Who The child is at least age 12, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide;.
(10) Whose The child's parent, guardian or legal custodian neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child;.
(10m) Whose The child's parent, guardian or legal custodian is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home;.
(11) Who The child is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to ameliorate the symptoms;.
(11m) Who The child is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment; or.
(13) Who The child has not been immunized as required by s. 252.04 and not exempted under s. 252.04 (3).
9,493
Section 493
. 48.13 (14) of the statutes is created to read:
48.13 (14) The child's parent is residing in a qualifying residential family-based treatment facility or will be residing at such a facility at the time of a child's placement with the parent in the facility, signs the petition requesting jurisdiction under this subsection, and, with the department's consent, requests that the child reside with him or her at the qualifying residential family-based treatment facility.
9,494
Section 494
. 48.207 (1) (L) of the statutes is created to read:
48.207 (1) (L) With a parent in a qualifying residential family-based treatment facility if the child's permanency plan includes a recommendation for such a placement under s. 48.38 (4) (em) before the placement is made and the parent consents to the placement.
9,495
Section 495
. 48.345 (3) (c) of the statutes is amended to read:
48.345 (3) (c) A foster home licensed under s. 48.62, a group home licensed under s. 48.625, a foster home, group home, or similar facility regulated in another state, or in the home of a guardian under s. 48.977 (2).
9,496
Section 496
. 48.345 (3) (cm) of the statutes is amended to read:
48.345 (3) (cm) A group home described in s. 48.625 (1m) or a similar facility regulated in another state, if the child is at least 12 years of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement.
9,497
Section 497
. 48.345 (3) (d) of the statutes is amended to read:
48.345 (3) (d) A residential treatment care center for children and youth operated by a child welfare agency licensed under s. 48.60, or a similar facility regulated in another state.
9,498
Section 498
. 48.345 (3) (e) of the statutes is created to read:
48.345 (3) (e) With a parent in a qualifying residential family-based treatment facility, or a similar facility regulated in another state, if the child's permanency plan includes a recommendation for such a placement under s. 48.38 (4) (em) before the placement is made.
9,499
Section 499
. 48.38 (2) (intro.) of the statutes is amended to read:
48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:
9,500
Section 500
. 48.38 (2) (d) of the statutes is amended to read:
48.38 (2) (d) The child was placed under a voluntary agreement between the agency and the child's parent under s. 48.63 (1) (a) or (bm) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 48.366 (3).
9,501
Section 501
. 48.38 (4) (em) of the statutes is created to read:
48.38 (4) (em) A recommendation regarding placement with a parent in a qualifying residential family-based treatment facility.
9,507
Section 507
. 48.48 (17) (a) 3. of the statutes is amended to read:
48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the those children in licensed foster homes or group homes in this state or similar facilities regulated in another state within a reasonable proximity to the agency with legal custody, placing the those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility with a parent or in similar facilities regulated in another state, or contracting for services for those children by licensed child welfare agencies in this state or a similar child welfare agency regulated in another state, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
9,508
Section 508
. 48.48 (17) (c) 4. of the statutes is amended to read:
48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center for children and youth, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement.
9,509
Section 509
. 48.481 (3) of the statutes is repealed.
9,511
Section 511
. 48.487 (1m) of the statutes is amended to read:
48.487 (1m) Tribal family services grants. From the appropriation account under s. 20.437 (1) (bd)
(js), the department may distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b), (6), and (7) as determined by that body.
9,512
Section 512
. 48.526 (7) (intro.) of the statutes is amended to read:
48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2015 2019, and ending on June 30, 2017 2021, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:
9,513m
Section 513m. 48.526 (7) (a) of the statutes is amended to read:
48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,572,100 $45,383,600 for the last 6 months of 2015, $91,150,200 2019, $90,767,200 for 2016
2020, and $45,578,100 $45,383,600 for the first 6 months of 2017 2021.
9,514
Section 514
. 48.526 (7) (b) (intro.) of the statutes is amended to read:
48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2015 2019, $4,000,000 for 2016 2020, and $2,000,000 for the first 6 months of 2017
2021 to counties based on each of the following factors weighted equally:
9,515
Section 515
. 48.526 (7) (bm) of the statutes is amended to read:
48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2015 2019, $12,500,000 for 2016 2020, and $6,250,000 for the first 6 months of 2017 2021 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.
9,516
Section 516
. 48.526 (7) (c) of the statutes is amended to read:
48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2015 2019, $2,106,500 for 2016 2020, and $1,053,300 for the first 6 months of 2017 2021 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.
9,517
Section 517
. 48.526 (7) (e) of the statutes is amended to read:
48.526 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2015
2019, $250,000 for 2016 2020, and $125,000 for the first 6 months of 2017 2021. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
9,518
Section 518
. 48.526 (7) (h) of the statutes is amended to read:
48.526 (7) (h) For counties that are purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2017 2019, $2,124,800 in 2018 2020, and $1,062,400 in the first 6 months of 2019 2021 for the provision of community supervision services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall 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.
9,519
Section 519
. 48.526 (8) of the statutes is amended to read:
48.526 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2015 2019, $1,333,400 in 2016 2020, and $666,700 in the first 6 months of 2017 2021 for alcohol and other drug abuse treatment programs.
9,522
Section 522
. 48.53 of the statutes is repealed.
9,522m
Section 522m. 48.561 (3) (a) of the statutes is amended to read:
48.561 (3) (a) A county having a population of 750,000 or more shall contribute the greater of
$58,893,500 or the amount in the schedule for the appropriation under s. 20.437 (1) (cx) in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:
1. Through a reduction of $37,209,200 from the amounts distributed to that county under ss. 46.40 (2) and 48.563 (2) in each state fiscal year.
2. Through a reduction of $1,583,000 from the amount distributed to that county under s. 46.40 (2m) (a) in each state fiscal year.
3. Through a deduction of $20,101,300 the remainder of the payment after the county's contribution under subds. 1. and 2. from any state payment due that county under s. 79.035, 79.04, or 79.08 as provided in par. (b).
9,523
Section 523
. 48.563 (2) of the statutes is amended to read:
48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $70,211,100 $80,125,200 in fiscal year 2017-18 2019-20 and $74,308,000 $101,145,500 in fiscal year 2018-19 2020-21.
9,524
Section 524
. 48.57 (1) (c) of the statutes is amended to read:
48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes or group homes in this state or similar facilities regulated in another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility, or in a similar facility regulated in another state, or contracting for services for those children by licensed child welfare agencies in this state or a child welfare agency regulated in another state, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
9,525
Section 525
. 48.57 (3) (a) 4. of the statutes is amended to read:
48.57 (3) (a) 4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement.
9,526m
Section 526m. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $238 $254 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019 2020, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
9,527m
Section 527m. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $238 $254 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019 2020, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
9,528m
Section 528m. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2018 2020, the rates are $238 $254 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $394
$420 for a child under 5 years of age; $431 $460 for a child 5 to 11 years of age; $490 $522 for a child 12 to 14 years of age; and $511 $545 for a child 15 years of age or over. Beginning on January 1, 2019, the rates are $244 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $404 for a child under 5 years of age; $442 for a child 5 to 11 years of age; $502 for a child 12 to 14 years of age; and $524 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).
9,529
Section 529
. 48.623 (3) (a) of the statutes is amended to read:
48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). The county department shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1) (d). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (dd) (cx) and (pd) (mx).
9,530
Section 530
. 48.63 (1) (bm) of the statutes is created to read:
48.63 (1) (bm) Acting under a voluntary agreement, a child's parent, the department, or a county department may place the child in a qualifying residential family-based treatment facility with a parent, if such a placement is recommended in the child's permanency plan under s. 48.38 (4) (em) before the placement is made. A placement under this paragraph cannot exceed 180 days from the date on which the child was removed from the home under the voluntary agreement.
9,531
Section 531
. 48.63 (1) (c) of the statutes is amended to read:
48.63 (1) (c) Voluntary agreements may be made only under par. (a) or, (b), or (bm) or sub. (5) (b), shall be in writing, shall state whether the child has been adopted, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, or Indian custodian or by the child if the child's consent to the agreement is required. In the case of an Indian child who is placed under par. (a) or, (b)
, or (bm) by the voluntary agreement of the Indian child's parent or Indian custodian, the voluntary consent of the parent or Indian custodian to the placement shall be given as provided in s. 48.028 (5) (a). The child's consent to an agreement under par. (a) or, (b), or (bm) is required whenever the child is 12 years of age or older.
9,532
Section 532
. 48.645 (1) (a) of the statutes is amended to read:
48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, in a residential care center for children and youth licensed under s. 48.60, with a parent in a qualifying residential family-based treatment facility, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
9,532c
Section 532c. 48.645 (2) (a) 2. of the statutes is amended to read:
48.645 (2) (a) 2. A county or, in a county having a population of 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when the child is placed in a licensed residential care center for children and youth or a qualifying residential family-based treatment center by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.
9,532d
Section 532d. 48.645 (2) (a) 3. of the statutes is amended to read:
48.645 (2) (a) 3. A county or, in a county having a population of 750,000 or more, the department, when the child is placed in a licensed foster home, group home, or residential care center for children and youth, or a qualifying residential family-based treatment facility, in a subsidized guardianship home, or in a supervised independent living arrangement by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.
9,532e
Section 532e. 48.645 (2) (a) 4. of the statutes is amended to read:
48.645 (2) (a) 4. A licensed foster home, group home, or residential care center for children and youth
, or a qualifying residential family-based treatment facility or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of a tribal court in this state and the placement is made under an agreement between the department and the governing body of the Indian tribe of the tribal court, or when the child was part of the state's direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.
