SB161,29,1510
2. If the results of the standardized assessment and recommendation of the
11qualified individual who conducted the standardized assessment are not available
12at the time of the order, the court shall defer making the findings under that subd.
131. as provided in this paragraph. No later than 60 days after the date on which the
14placement was made, the court shall issue an order making the findings under subd.
151.
SB161,50
16Section
50. 48.48 (20) of the statutes is created to read:
SB161,29,1917
48.48
(20) To certify a residential care center for children and youth, group
18home, or shelter care facility to operate a qualified residential treatment program as
19provided under s. 48.675 and monitor compliance with certification requirements.
SB161,51
20Section
51. 48.675 of the statutes is created to read:
SB161,30,3
2148.675 Qualified residential treatment programs. (1) The department
22may certify a residential care center for children and youth, group home, or shelter
23care facility to operate a qualified residential treatment program if it determines
24that the program meets the requirements of
42 USC 672 (k) (4) and any other
25requirements established by the department under this section. A residential care
1center for children and youth, group home, or shelter care facility certified under this
2section shall comply with all other requirements applicable to the residential care
3center for children and youth, group home, or shelter care facility.
SB161,30,6
4(2) The department may promulgate rules for the establishment, certification,
5operation, and monitoring of, and the placement of a child in, a qualified residential
6treatment program under sub. (1).
SB161,52
7Section
52. 48.715 (8) of the statutes is created to read:
SB161,30,108
48.715
(8) The department may deny, suspend, restrict, refuse to renew, or
9otherwise withhold a certification under s. 48.675 based on a failure to comply with
10certification requirements established by administrative rule under that section.
SB161,53
11Section
53. 48.73 of the statutes is amended to read:
SB161,30,20
1248.73 Inspection of licensees and school district child care programs. 13The department may visit and inspect each child welfare agency, foster home, group
14home, and child care center licensed by the department
and each entity certified by
15the department under s. 48.675, and for that purpose shall be given unrestricted
16access to the premises described in the license
or certification. The department may
17visit and inspect each child care program established or contracted for under s.
18120.13 (14) that receives payment under s. 49.155 for the child care provided, and for
19that purpose shall be given unrestricted access to the premises used for the child care
20program.
SB161,54
21Section
54. 938.02 (14m) of the statutes is created to read:
SB161,30,2322
938.02
(14m) “Qualified individual” has the meaning given under
42 USC 675a 23(c) (1) (D).
SB161,55
24Section
55. 938.02 (17t) of the statutes is created to read:
SB161,31,4
1938.02
(17t) “Standardized assessment” means an assessment, using a tool
2determined by the department, of the strengths and needs of a juvenile to determine
3appropriateness of a placement in a residential care center for children and youth,
4group home, or shelter care facility certified under s. 48.675.
SB161,56
5Section
56. 938.21 (1) (c) of the statutes is created to read:
SB161,31,146
938.21
(1) (c) If the juvenile is held in custody in a residential care center for
7children and youth, group home, or shelter care facility certified under s. 48.675, the
8qualified individual shall conduct a standardized assessment and the agency
9primarily responsible for providing services under the custody order shall submit it
10and the recommendation of the qualified individual who conducted the standardized
11assessment, including all of the following, to the court and all persons who are
12required to receive a copy of the petition or request under par. (b) no later than the
13hearing or, if not available by that time, no later than 30 days after the date on which
14the placement is made:
SB161,31,1615
1. Whether the proposed placement will provide the juvenile with the most
16effective and appropriate level of care in the least restrictive environment.
SB161,31,1817
2. How the placement is consistent with the short-term and long-term goals
18for the juvenile, as specified in the permanency plan.
SB161,31,2119
3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
20family or in a foster home. A shortage or lack of foster homes is not an acceptable
21reason for determining that the juvenile's needs cannot be met in a foster home.
SB161,31,2422
4. The placement preference of the family permanency team under s. 938.38
23(3m) and, if that preference is not the placement recommended by the qualified
24individual, why that recommended placement is not preferred.
SB161,57
25Section
57. 938.21 (5) (b) 2g. of the statutes is created to read:
SB161,32,6
1938.21
(5) (b) 2g. Except as provided in par. (cm), if the juvenile is held in
2custody in a residential care center for children and youth, group home, or shelter
3care facility certified under s. 48.675, a finding as to each of the following, the
4answers to which do not affect whether the placement may be made, after
5considering the standardized assessment and the recommendation submitted by the
6qualified individual who conducted the standardized assessment under sub. (1) (c):
SB161,32,87
a. Whether the needs of the juvenile can be met through placement in a foster
8home.
SB161,32,129
b. Whether placement of the juvenile in a residential care center for children
10and youth, group home, or shelter care facility certified under s. 48.675 provides the
11most effective and appropriate level of care for the juvenile in the least restrictive
12environment.
SB161,32,1413
c. Whether the placement is consistent with the short-term and long-term
14goals for the juvenile, as identified in the permanency planning.
SB161,32,1515
d. Whether the court approves or disapproves the placement.
SB161,58
16Section
58. 938.21 (5) (cm) of the statutes is created to read:
SB161,32,2217
938.21
(5) (cm) If the results of the standardized assessment and
18recommendation of the qualified individual who conducted the standardized
19assessment are required under sub. (1) (c) but not available at the time of the order,
20the court shall defer making the findings under par. (b) 2g. as provided in this
21paragraph. No later than 60 days after the date on which the placement is made, the
22court shall issue an order making the findings under par. (b) 2g.
SB161,59
23Section
59. 938.217 (1) (b) 2. of the statutes is amended to read:
SB161,33,324
938.217
(1) (b) 2. The notice shall contain the name and address of the new
25placement, the reasons for the change in placement,
whether the new placement is
1certified under s. 48.675, and a statement describing why the new placement is
2preferable to the present placement. The person sending the notice shall file the
3notice with the court on the same day that the notice is sent.
SB161,60
4Section
60. 938.217 (1) (b) 3. and 4. of the statutes are created to read:
SB161,33,145
938.217
(1) (b) 3. If the proposed change in placement would place the juvenile
6in a residential care center for children and youth, group home, or shelter care facility
7certified under s. 48.675, the qualified individual shall conduct a standardized
8assessment and the intake worker or agency primarily responsible for providing
9services under a temporary physical custody order shall submit it and the
10recommendation of the qualified individual who conducted the standardized
11assessment, including all of the following, to the court and all persons who are
12required to receive the notice under subd. 1. no later than the filing of that notice or,
13if not available by that time, and except as provided under subd. 4., no later than 10
14days after the notice is filed:
SB161,33,1615
a. Whether the proposed placement will provide the juvenile with the most
16effective and appropriate level of care in the least restrictive environment.
SB161,33,1817
b. How the placement is consistent with the short-term and long-term goals
18for the juvenile, as specified in the permanency plan.
SB161,33,2119
c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
20family or in a foster home. A shortage or lack of foster homes is not an acceptable
21reason for determining that the juvenile's needs cannot be met in a foster home.
SB161,33,2422
d. The placement preference of the family permanency team under s. 938.38
23(3m) and, if that preference is not the placement recommended by the qualified
24individual, why that recommended placement is not preferred.
SB161,34,5
14. If, for good cause shown, the information required to be submitted under
2subd. 3. is not available by the deadline under that subdivision, the intake worker
3or agency primarily responsible for providing services under a temporary physical
4custody order shall submit it no later than 30 days after the date on which the
5placement is made.
SB161,61
6Section
61. 938.217 (2) of the statutes is renumbered 938.217 (2) (a).
SB161,62
7Section
62. 938.217 (2) (b) and (c) of the statutes are created to read:
SB161,34,168
938.217
(2) (b) 1. If the emergency change in placement under par. (a) results
9in a juvenile being placed in a residential care center for children and youth, group
10home, or shelter care facility certified under s. 48.675, the qualified individual shall
11conduct a standardized assessment and the intake worker or agency primarily
12responsible for providing services under a temporary physical custody order shall
13submit it and the recommendation of the qualified individual who conducted the
14standardized assessment, including the information specified under sub. (1) (b) 3.
15with the notice under par. (a) or, if not available at that time, and except as provided
16under subd. 2., no later than 10 days after the filing of that notice.
SB161,34,2117
2. If, for good cause shown, the information required to be submitted under
18subd. 1. is not available by the deadline under that subdivision, the intake worker
19or agency primarily responsible for providing services under a temporary physical
20custody order shall submit it no later than 30 days after the date on which the
21placement was made.
SB161,35,322
(c) If the emergency change in placement under par. (a) results in a juvenile
23being placed in a residential care center for children and youth, group home, or
24shelter care facility certified under s. 48.675, the court shall, no later than 60 days
25after the placement is made, issue an order making all of the findings required under
1sub. (2v) (d) 1., the answers to which do not affect whether the placement may be
2made, after considering the standardized assessment and the recommendation of
3the qualified individual who conducted the standardized assessment.
SB161,63
4Section
63. 938.217 (2m) (b) 3. of the statutes is created to read:
SB161,35,135
938.217
(2m) (b) 3. If the change in placement results in a juvenile being placed
6in a residential care center for children and youth, group home, or shelter care facility
7certified under s. 48.675, the qualified individual
shall conduct a standardized
8assessment and the agency primarily responsible for providing services under the
9temporary physical custody order shall submit it and the recommendation of the
10qualified individual who conducted the standardized assessment, including the
11information under sub. (1) (b) 3., to the court and to all persons who are required to
12receive the notice under subd. 2., no later than the hearing or, if not available by that
13time, no later than 30 days after the date on which the placement is made.
SB161,64
14Section
64. 938.217 (2v) (d) 1. and 2. of the statutes are created to read:
SB161,35,2115
938.217
(2v) (d) 1. Except as provided in subd. 2., if the court changes the
16placement to a residential care center for children and youth, group home, or shelter
17care facility certified under s. 48.675, the change-in-placement order shall contain
18a finding as to each of the following, the answers to which do not affect whether the
19placement may be made, after considering the standardized assessment and the
20recommendation of the qualified individual who conducted the standardized
21assessment:
SB161,35,2322
a. Whether the needs of the juvenile can be met through placement in a foster
23home.
SB161,36,224
b. Whether placement of the juvenile in a residential care center for children
25and youth, group home, or shelter care facility certified under s. 48.675 provides the
1most effective and appropriate level of care for the juvenile in the least restrictive
2environment.
SB161,36,43
c. Whether the placement is consistent with the short-term and long-term
4goals for the juvenile, as specified in the permanency plan.
SB161,36,55
d. Whether the court approves or disapproves the placement.
SB161,36,116
2. If the results of the standardized assessment and recommendation of the
7qualified individual who conducted the standardized assessment are not available
8at the time of the order, the court shall defer making the findings under subd. 1. as
9provided in this subdivision. No later than 60 days after the date on which the
10placement was made, the court shall issue an order making the findings under subd.
111.
SB161,65
12Section
65.
938.32 (1) (br) of the statutes is created to read:
SB161,36,2013
938.32
(1) (br) If the consent decree places a juvenile in a residential care center
14for children and youth, group home, or shelter care facility certified under s. 48.675,
15the qualified individual shall conduct a standardized assessment and the agency
16primarily responsible for providing services to the juvenile shall submit it and the
17recommendation of the qualified individual who completed the assessment,
18including all of the following, to the court and to all persons who are parties to the
19consent decree, no later than the time the consent decree is entered or, if not available
20by that time, no later than 30 days after the date on which the placement is made:
SB161,36,2221
1. Whether the proposed placement will provide the juvenile with the most
22effective and appropriate level of care in the least restrictive environment.
SB161,36,2423
2. How the placement is consistent with the short-term and long-term goals
24for the juvenile, as specified in the permanency plan.
SB161,37,3
13. The reasons why the juvenile's needs can or cannot be met by the juvenile's
2family or in a foster home. A shortage or lack of foster homes is not an acceptable
3reason for determining that the juvenile's needs cannot be met in a foster home.
SB161,37,64
4. The placement preference of the family permanency team under s. 938.38
5(3m) and, if that preference is not the placement recommended by the qualified
6individual, why that recommended placement is not preferred.
SB161,66
7Section
66. 938.32 (1) (c) 1r. of the statutes is created to read:
SB161,37,138
938.32
(1) (c) 1r. Except as provided in par. (cd), if the juvenile is placed in a
9residential care center for children and youth, group home, or shelter care facility
10certified under s. 48.675, a finding as to each of the following, the answers to which
11do not affect whether the placement may be made, after considering the
12standardized assessment and the recommendation of the qualified individual who
13conducted the standardized assessment under par. (br):
SB161,37,1514
a. Whether the needs of the juvenile can be met through placement in a foster
15home.
SB161,37,1916
b. Whether placement of the juvenile in a residential care center for children
17and youth, group home, or shelter care facility certified under s. 48.675 provides the
18most effective and appropriate level of care for the juvenile in the least restrictive
19environment.
SB161,37,2120
c. Whether the placement is consistent with the short-term and long-term
21goals for the juvenile, as specified in the permanency plan.
SB161,37,2222
d. Whether the court approves or disapproves the placement.
SB161,67
23Section
67. 938.32 (1) (cd) of the statutes is created to read:
SB161,38,424
938.32
(1) (cd) If the results of the standardized assessment and
25recommendation of the qualified individual who conducted the standardized
1assessment are required but not available at the time of the order, the court shall
2defer making the findings under par. (c) 1r. as provided in this paragraph. No later
3than 60 days after the date on which the placement was made, the court shall issue
4an order making the findings under par. (c) 1r.
SB161,68
5Section
68. 938.33 (4) (cm) of the statutes is created to read:
SB161,38,76
938.33
(4) (cm) A statement indicating whether the recommended placement
7is certified under s. 48.675.
SB161,69
8Section
69. 938.33 (4) (cr) of the statutes is created to read:
SB161,38,149
938.33
(4) (cr) 1. If the report recommends placement of a juvenile in a
10residential care center for children and youth, group home, or shelter care facility
11certified under s. 48.675, except as provided in subd. 2., the report shall contain the
12results of the standardized assessment and the recommendation of the qualified
13individual who conducted the standardized assessment, including all of the
14following:
SB161,38,1615
a. Whether the proposed placement will provide the juvenile with the most
16effective and appropriate level of care in the least restrictive environment.
SB161,38,1817
b. How the placement is consistent with the short-term and long-term goals
18for the juvenile, as specified in the permanency plan.
SB161,38,2119
c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
20family or in a foster home. A shortage or lack of foster homes is not an acceptable
21reason for determining that the juvenile's needs cannot be met in a foster home.
SB161,38,2422
d. The placement preference of the family permanency team under s. 938.38
23(3m) and, if that preference is not the placement recommended by the qualified
24individual, why that recommended placement is not preferred.
SB161,39,4
12. If the information under subd. 1. is not available at the time of the report,
2the agency shall submit it by the date of the dispositional hearing or, if it is not
3available on that date, no later than 30 days after the date on which the placement
4was made.
SB161,70
5Section
70. 938.355 (2) (b) 6d. of the statutes is created to read:
SB161,39,116
938.355
(2) (b) 6d. Except as provided in par. (cd), if the juvenile is placed in
7a residential care center for children and youth, group home, or shelter care facility
8certified under s. 48.675, a finding as to each of the following, the answers to which
9do not affect whether the placement may be made, after considering the
10standardized assessment and the recommendation of the qualified individual who
11conducted the standardized assessment:
SB161,39,1312
a. Whether the needs of the juvenile can be met through placement in a foster
13home.
SB161,39,1714
b. Whether placement of the juvenile in a residential care center for children
15and youth, group home, or shelter care facility certified under s. 48.675 provides the
16most effective and appropriate level of care for the juvenile in the least restrictive
17environment.
SB161,39,1918
c. Whether the placement is consistent with the short-term and long-term
19goals for the juvenile, as specified in the permanency plan.
SB161,39,2020
d. Whether the court approves or disapproves the placement.
SB161,71
21Section
71. 938.355 (2) (cd) of the statutes is created to read:
SB161,40,222
938.355
(2) (cd) If the results of the standardized assessment and
23recommendation of the qualified individual who conducted the standardized
24assessment are required but not available at the time of the order, the court shall
25defer making the findings under par. (b) 6d. as provided in this paragraph. No later
1than 60 days after the date on which the placement was made, the court shall issue
2an order making the findings under par. (b) 6d.
SB161,72
3Section
72. 938.357 (1) (am) 1. of the statutes is amended to read:
SB161,40,214
938.357
(1) (am) 1. Except as provided in par. (c), the person or agency
5primarily responsible for implementing the dispositional order, the district attorney,
6or the corporation counsel may request a change in placement under this subsection
7by causing written notice of the proposed change in placement to be sent to the
8juvenile, the juvenile's counsel or guardian ad litem, the parent, guardian, and legal
9custodian of the juvenile, and any foster parent or other physical custodian described
10in s. 48.62 (2) of the juvenile. If the request is for a change in placement under sub.
11(3), notice shall be sent to the entity that operates the secured residential care center
12for children and youth or Type 1 juvenile correctional facility where placement is
13proposed. If the juvenile is an Indian juvenile who has been removed from the home
14of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), written
15notice shall also be sent to the Indian juvenile's Indian custodian and tribe. The
16notice shall contain the name and address of the new placement, the reasons for the
17change in placement,
whether the new placement is certified under s. 48.675, a
18statement describing why the new placement is preferable to the present placement,
19and a statement of how the new placement satisfies objectives of the treatment plan
20or permanency plan ordered by the court. The person sending the notice shall file
21the notice with the court on the same day that the notice is sent.
SB161,73
22Section
73. 938.357 (1) (am) 1m. and 1r. of the statutes are created to read:
SB161,41,623
938.357
(1) (am) 1m. If the proposed change in placement would place the
24juvenile in a residential care center for children and youth, group home, or shelter
25care facility certified under s. 48.675, the qualified individual shall conduct a
1standardized assessment and the person or agency primarily responsible for
2implementing the dispositional order shall submit it and the recommendation of the
3qualified individual who conducted the standardized assessment, including all of the
4following, to the court and all persons who are required to receive the notice under
5subd. 1. no later than time of filing that notice or, if not available by that time, and
6except as provided under subd. 1r., no later than 10 days after the notice is filed:
SB161,41,87
a. Whether the proposed placement will provide the juvenile with the most
8effective and appropriate level of care in the least restrictive environment.
SB161,41,109
b. How the placement is consistent with the short-term and long-term goals
10for the juvenile, as specified in the permanency plan.
SB161,41,1311
c. The reasons why the juvenile's needs can or cannot be met by the juvenile's
12family or in a foster home. A shortage or lack of foster homes is not an acceptable
13reason for determining that the juvenile's needs cannot be met in a foster home.