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  Date of enactment: May 21, 2021
2021 Assembly Bill 143   Date of publication*: May 22, 2021
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2021 WISCONSIN ACT 42
An Act to renumber 48.21 (6), 48.217 (2), 48.217 (2m) (c), 48.357 (2) (a), 48.357 (2m) (a), 48.437 (2), 938.217 (2), 938.357 (2) (a) and 938.357 (2m) (a); to amend 48.217 (1) (b) 2., 48.357 (1) (am) 1. c., 48.38 (5) (c) 1., 48.38 (5) (d), 48.38 (5m) (d), 48.437 (1) (a) 2., 48.437 (1) (c), 48.73, 938.217 (1) (b) 2., 938.357 (1) (am) 1., 938.38 (5) (c) 1., 938.38 (5) (d) and 938.38 (5m) (d); and to create 48.02 (14k), 48.02 (17t), 48.21 (1) (c), 48.21 (5) (b) 2g., 48.21 (5) (cm), 48.21 (6) (b), 48.217 (1) (b) 3., 48.217 (1) (b) 4., 48.217 (2) (b) and (c), 48.217 (2m) (b) 3., 48.217 (2m) (c) 2. and 3., 48.217 (2v) (d) 1. and 2., 48.32 (1) (ar), 48.32 (1) (b) 1r., 48.32 (1) (cd), 48.33 (4) (cm), 48.33 (4) (cr), 48.355 (2) (b) 6d., 48.355 (2) (cd), 48.357 (1) (am) 1m. and 1r., 48.357 (1) (c) 1r., 48.357 (2) (a) 2., 3. and 4., 48.357 (2) (b) 5. and 6., 48.357 (2m) (a) 2., 48.357 (2v) (a) 5. and 6., 48.38 (1) (ag), 48.38 (1) (ap), 48.38 (1) (c), 48.38 (3m), 48.38 (4) (k), 48.38 (4) (L), 48.38 (5) (bm) 4., 48.38 (5m) (c) 4., 48.437 (1) (a) 3. and 4., 48.437 (2) (b) and (c), 48.437 (2v) (d), 48.48 (20), 48.675, 48.715 (8), 938.02 (14m), 938.02 (17t), 938.21 (1) (c), 938.21 (5) (b) 2g., 938.21 (5) (cm), 938.217 (1) (b) 3. and 4., 938.217 (2) (b) and (c), 938.217 (2m) (b) 3., 938.217 (2v) (d) 1. and 2., 938.32 (1) (br), 938.32 (1) (c) 1r., 938.32 (1) (cd), 938.33 (4) (cm), 938.33 (4) (cr), 938.355 (2) (b) 6d., 938.355 (2) (cd), 938.357 (1) (am) 1m. and 1r., 938.357 (1) (c) 1r., 938.357 (2) (a) 2., 3. and 4., 938.357 (2) (b) 5. and 6., 938.357 (2m) (a) 2., 938.357 (2v) (a) 5. and 6., 938.38 (1) (ag), 938.38 (1) (as), 938.38 (1) (bp), 938.38 (3m), 938.38 (4) (k), 938.38 (4) (L), 938.38 (5) (cm) and 938.38 (5m) (c) 4. of the statutes; relating to: qualified residential treatment programs and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
42,1 Section 1. 48.02 (14k) of the statutes is created to read:
48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).
42,2 Section 2. 48.02 (17t) of the statutes is created to read:
48.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a child to determine appropriateness of a placement in a residential care center, group home, or shelter care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8) (b).
42,3 Section 3. 48.21 (1) (c) of the statutes is created to read:
48.21 (1) (c) If the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:
1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.
2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.
3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.
4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.
42,4 Section 4. 48.21 (5) (b) 2g. of the statutes is created to read:
48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual under sub. (1) (c):
a. Whether the needs of the child can be met through placement in a foster home.
b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.
c. Whether the placement is consistent with the short-term and long-term goals for the child, as identified in the permanency planning.
d. Whether the judge or court commissioner approves or disapproves the placement.
42,5 Section 5. 48.21 (5) (cm) of the statutes is created to read:
48.21 (5) (cm) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required under sub. (1) (c) but not available at the time of the custody order, the judge or court commissioner shall defer making the findings under par. (b) 2g. as provided in this paragraph. No later than 60 days after the date on which the placement is made, the judge or court commissioner shall issue an order making the findings under par. (b) 2g.
42,6 Section 6. 48.21 (6) of the statutes is renumbered 48.21 (6) (a).
42,7 Section 7. 48.21 (6) (b) of the statutes is created to read:
48.21 (6) (b) If under par. (a) a child is transferred to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall include it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the information specified under sub. (1) (c) with the notice under par. (a) or, if not available at that time, submit it to the court and all persons who received the notice no later than 30 days after the date on which the transfer is made. No later than 60 days after the date on which the transfer is made the judge or court commissioner shall issue an order making the findings under sub. (5) (b) 2g.
42,8 Section 8. 48.217 (1) (b) 2. of the statutes is amended to read:
48.217 (1) (b) 2. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, and a statement describing why the new placement is preferable to the present placement. The person sending the notice shall file the notice with the court on the same day that the notice is sent.
42,9 Section 9. 48.217 (1) (b) 3. of the statutes is created to read:
48.217 (1) (b) 3. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. a. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed:
a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.
b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.
c. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.
d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.
42,10 Section 10. 48.217 (1) (b) 4. of the statutes is created to read:
48.217 (1) (b) 4. If, for good cause shown, the information required to be submitted under subd. 3. is not available by the deadline under that subdivision, the the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement is made.
42,11 Section 11. 48.217 (2) of the statutes is renumbered 48.217 (2) (a).
42,12 Section 12. 48.217 (2) (b) and (c) of the statutes are created to read:
48.217 (2) (b) 1. If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (b) 3. with the notice under par. (a) or, if not available at that time, and except as provided under subd. 2., no later than 10 days after the filing of that notice.
2. If, for good cause shown, the information required to be submitted under subd. 1. is not available by the deadline under that subdivision, the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement was made.
(c) If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making all of the findings required under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.
42,13 Section 13. 48.217 (2m) (b) 3. of the statutes is created to read:
48.217 (2m) (b) 3. If the change in placement results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under sub. (1) (b) 3., to the court and to all persons who are required to receive the notice under subd. 2., no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made.
42,14 Section 14. 48.217 (2m) (c) of the statutes is renumbered 48.217 (2m) (c) 1.
42,15 Section 15. 48.217 (2m) (c) 2. and 3. of the statutes are created to read:
48.217 (2m) (c) 2. Except as provided in subd. 3., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain the findings under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.
3. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under sub. (2v) (d) 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under sub. (2v) (d) 1.
42,16 Section 16. 48.217 (2v) (d) 1. and 2. of the statutes are created to read:
48.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:
a. Whether the needs of the child can be met through placement in a foster home.
b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.
c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.
d. Whether the court approves or disapproves the placement.
2. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 1.
42,17 Section 17. 48.32 (1) (ar) of the statutes is created to read:
48.32 (1) (ar) If the consent decree places a child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services to the child shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made:
1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.
2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.
3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.
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