LRB-0421/1
EHS:kjf
2021 - 2022 LEGISLATURE
February 25, 2021 - Introduced by Senators Darling, Johnson, Ballweg,
Felzkowski and Larson, cosponsored by Representatives Rozar, Billings,
Snyder, Armstrong, Cabrera, Considine, Dittrich, Emerson, Hebl,
Ramthun, S. Rodriguez, Shankland, Sinicki, Spiros, Spreitzer, Stubbs,
Subeck and Edming. Referred to Committee on Human Services, Children
and Families.
SB161,2,8 1An Act to renumber 48.21 (6), 48.217 (2), 48.217 (2m) (c), 48.357 (2) (a), 48.357
2(2m) (a), 48.437 (2), 938.217 (2), 938.357 (2) (a) and 938.357 (2m) (a); to amend
348.217 (1) (b) 2., 48.357 (1) (am) 1. c., 48.38 (5) (c) 1., 48.38 (5) (d), 48.38 (5m)
4(d), 48.437 (1) (a) 2., 48.437 (1) (c), 48.73, 938.217 (1) (b) 2., 938.357 (1) (am) 1.,
5938.38 (5) (c) 1., 938.38 (5) (d) and 938.38 (5m) (d); and to create 48.02 (14k),
648.02 (17t), 48.21 (1) (c), 48.21 (5) (b) 2g., 48.21 (5) (cm), 48.21 (6) (b), 48.217 (1)
7(b) 3., 48.217 (1) (b) 4., 48.217 (2) (b) and (c), 48.217 (2m) (b) 3., 48.217 (2m) (c)
82. and 3., 48.217 (2v) (d) 1. and 2., 48.32 (1) (b) 1r., 48.32 (1) (cd), 48.33 (4) (cm),
948.33 (4) (cr), 48.355 (2) (b) 6d., 48.355 (2) (cd), 48.357 (1) (am) 1m. and 1r.,
1048.357 (1) (c) 1r., 48.357 (2) (a) 2., 3. and 4., 48.357 (2) (b) 5. and 6., 48.357 (2m)
11(a) 2., 48.357 (2v) (a) 5. and 6., 48.38 (1) (ag), 48.38 (1) (ap), 48.38 (1) (c), 48.38
12(3m), 48.38 (4) (k), 48.38 (4) (L), 48.38 (5) (bm) 4., 48.38 (5m) (c) 4., 48.437 (1)
13(a) 3. and 4., 48.437 (2) (b) and (c), 48.437 (2v) (d), 48.48 (20), 48.675, 48.715 (8),
14938.02 (14m), 938.02 (17t), 938.21 (1) (c), 938.21 (5) (b) 2g., 938.21 (5) (cm),

1938.217 (1) (b) 3. and 4., 938.217 (2) (b) and (c), 938.217 (2m) (b) 3., 938.217 (2v)
2(d) 1. and 2., 938.32 (1) (c) 1r., 938.32 (1) (cd), 938.33 (4) (cm), 938.33 (4) (cr),
3938.355 (2) (b) 6d., 938.355 (2) (cd), 938.357 (1) (am) 1m. and 1r., 938.357 (1) (c)
41r., 938.357 (2) (a) 2., 3. and 4., 938.357 (2) (b) 5. and 6., 938.357 (2m) (a) 2.,
5938.357 (2v) (a) 5. and 6., 938.38 (1) (ag), 938.38 (1) (as), 938.38 (1) (bp), 938.38
6(3m), 938.38 (4) (k), 938.38 (4) (L), 938.38 (5) (cm) and 938.38 (5m) (c) 4. of the
7statutes; relating to: qualified residential treatment programs and granting
8rule-making authority.
Analysis by the Legislative Reference Bureau
This bill allows for the certification of qualified residential treatment programs
and establishes certain procedures that apply when a child is placed in one.
This bill allows the Department of Children and Families to certify a residential
care center for children and youth, group home, or shelter care facility to operate a
qualified residential treatment program (QRTP) if it determines that the program
meets the federal requirements for such a program to receive Title IV-E child welfare
funding and DCF's requirements for such a program. The bill allows DCF to monitor
compliance with certification requirements, including by inspection authority, and
to deny, suspend, restrict, refuse to renew, or otherwise withhold a certification for
failure to comply with those requirements. Under the bill, DCF may promulgate
rules for the establishment, certification, operation, and monitoring of, and the
placement of a child in, a QRTP.
Currently, when a child or juvenile (collectively referred to as “child” ) alleged
or adjudged to be in need of protection or services is removed from his or her home
in a proceeding under the Children's Code or Juvenile Justice Code, the agency
responsible for that child's removal is required to prepare a permanency plan,
designed to ensure that the child is reunified with his or her family whenever
appropriate, or that the child quickly attains a placement or home providing
long-term stability. Current law requires the juvenile court to periodically review
the plan and to periodically hold a hearing on the plan.
Under this bill, if a child is placed in a certified QRTP, the agency must assemble
a family permanency team to participate in permanency planning for the child, and
invite appropriate biological family members, relatives, like-kin, and professionals
who serve as a resource for the family to participate. The bill requires the agency to
include in the permanency plan information about the family permanency team and
its meetings and recommendations.
The bill requires that, in a review or hearing on a permanency plan for a child
who is placed in a certified QRTP, the agency that prepared the permanency plan

must present to the juvenile court certain information that the juvenile court must
consider when determining the continuing necessity for and the safety and
appropriateness of the placement, including 1) whether the placement is supported
by assessment of the child's needs, is the most effective and appropriate level of care
in the least restrictive environment, and meets the goals for the child in the
permanency plan; 2) the specific treatment or service needs that the placement will
meet and how long the child will need that treatment or service; and 3) the efforts
made by the agency to prepare the child to return home or to be placed with a relative,
guardian, or adoptive parent or in a foster home.
Under the bill, if a child is placed or proposed to be placed in a certified QRTP
in juvenile court proceedings for a temporary physical custody (TPC) hearing, a
change in placement (CIP), consent decree, or a disposition, a qualified individual
must conduct an assessment, using a tool determined by DCF, of the strengths and
needs of the child to determine the appropriateness of that placement (standardized
assessment). The bill creates a definition for “qualified individual” to match the term
used in federal law, meaning a trained professional or licensed clinician who is not
an employee of the state and who is not connected to, or affiliated with, any
placement setting in which children are placed by the state. The federal law
definition provides that a state may request a waiver from this definition, and on
December 14, 2020, Wisconsin requested such a waiver to allow state and county
child welfare staff to serve as qualified individuals.
The bill requires the qualified individual to develop a recommendation on all
of the following: 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 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 (and a shortage or lack of foster homes
is not an acceptable reason); and 4) the placement preference of the family
permanency team and, if it is not the placement recommended by the qualified
individual, why that recommended placement is not preferred. Then, depending on
the type of proceeding, the intake worker, agency primarily responsible for providing
services under a temporary custody, person or agency primarily responsible for
implementing the dispositional order, or agency appointed as the guardian of the
child must submit the standardized assessment and the qualified individual's
recommendation to the juvenile court and any person who is required to receive a
copy of the notice or request in the proceeding.
Under the bill, the standardized assessment and recommendation must be
submitted by the time of a TPC hearing, by the time the notice or request is filed in
a CIP proceeding, by the time the consent decree is entered, or by the time the
disposition report is filed. With respect to most CIP proceedings, if not available by
the time the notice or request is filed, the bill generally requires it to be submitted
within 10 days after the filing of the CIP notice, except this does not apply to a CIP
requested by someone other than the intake worker, agency, district attorney, or
corporation counsel or from in-home to out-of-home, to a consent decree, or to a
disposition. In all cases, if the required information is not available by these first

deadlines, it must be submitted no later than 30 days after the date on which the
placement is made.
The bill requires the juvenile court to make the following findings when it
issues an order placing a child in a certified QRTP: 1) whether the needs of the child
can be met through placement in a foster home; 2) whether placement of the child
in a certified QRTP provides the most effective and appropriate level of care for the
child in the least restrictive environment; 3) whether the placement is consistent
with the short-term and long-term goals for the child in the permanency plan; and
4) whether the juvenile court approves or disapproves the placement. The answers
to these questions do not affect whether the placement may be made. If the
standardized assessment and recommendation of the qualified individual are not
available at the time of this order, the bill requires the juvenile court to defer making
the findings. However, no later than 60 days after the date on which the placement
was made the juvenile court must issue an order making those findings.
The bill requires that, for youth in out-of-home care who are parenting or
pregnant, a permanency plan must include 1) a list of the services or programs to be
provided to or on behalf of the child to ensure that the child, if pregnant, is prepared
and, if a parent, is able to be a parent; and 2) the out-of-home care prevention
strategy for any child born to the parenting or pregnant child.
For further information see the state 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:
SB161,1 1Section 1. 48.02 (14k) of the statutes is created to read:
SB161,4,32 48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a
3(c) (1) (D).
SB161,2 4Section 2. 48.02 (17t) of the statutes is created to read:
SB161,4,95 48.02 (17t) “Standardized assessment” means an assessment, using a tool
6determined by the department, of the strengths and needs of a child to determine
7appropriateness of a placement in a residential care center, group home, or shelter
8care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8)
9(b).
SB161,3 10Section 3. 48.21 (1) (c) of the statutes is created to read:
SB161,5,9
148.21 (1) (c) If the child is held in custody in a residential care center for
2children and youth, group home, or shelter care facility certified under s. 48.675, the
3qualified individual shall conduct a standardized assessment and the intake worker
4or agency primarily responsible for providing services under the custody order shall
5submit it and the recommendation of the qualified individual who conducted the
6standardized assessment, including all of the following, to the court and all persons
7who are required to receive a copy of the petition or request under par. (b) no later
8than the hearing or, if not available by that time, no later than 30 days after the date
9on which the placement is made:
SB161,5,1110 1. Whether the proposed placement will provide the child with the most
11effective and appropriate level of care in the least restrictive environment.
SB161,5,1312 2. How the placement is consistent with the short-term and long-term goals
13for the child, as specified in the permanency plan.
SB161,5,1614 3. The reasons why the child's needs can or cannot be met by the child's family
15or in a foster home. A shortage or lack of foster homes is not an acceptable reason
16for determining that the child's needs cannot be met in a foster home.
SB161,5,1917 4. The placement preference of the family permanency team under s. 48.38
18(3m) and, if that preference is not the placement recommended by the qualified
19individual, why that recommended placement is not preferred.
SB161,4 20Section 4. 48.21 (5) (b) 2g. of the statutes is created to read:
SB161,6,221 48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody
22in a residential care center for children and youth, group home, or shelter care facility
23certified under s. 48.675, a finding as to each of the following, the answers to which
24do not affect whether the placement may be made, after considering the

1standardized assessment and the recommendation of the qualified individual under
2sub. (1) (c):
SB161,6,43 a. Whether the needs of the child can be met through placement in a foster
4home.
SB161,6,85 b. Whether placement of the child in a residential care center for children and
6youth, group home, or shelter care facility certified under s. 48.675 provides the most
7effective and appropriate level of care for the child in the least restrictive
8environment.
SB161,6,109 c. Whether the placement is consistent with the short-term and long-term
10goals for the child, as identified in the permanency planning.
SB161,6,1211 d. Whether the judge or court commissioner approves or disapproves the
12placement.
SB161,5 13Section 5. 48.21 (5) (cm) of the statutes is created to read:
SB161,6,2014 48.21 (5) (cm) If the results of the standardized assessment and
15recommendation of the qualified individual who conducted the standardized
16assessment are required under sub. (1) (c) but not available at the time of the custody
17order, the judge or court commissioner shall defer making the findings under par. (b)
182g. as provided in this paragraph. No later than 60 days after the date on which the
19placement is made, the judge or court commissioner shall issue an order making the
20findings under par. (b) 2g.
SB161,6 21Section 6. 48.21 (6) of the statutes is renumbered 48.21 (6) (a).
SB161,7 22Section 7. 48.21 (6) (b) of the statutes is created to read:
SB161,7,823 48.21 (6) (b) If under par. (a) a child is transferred to a residential care center
24for children and youth, group home, or shelter care facility certified under s. 48.675,
25the qualified individual shall conduct a standardized assessment and the intake

1worker or agency primarily responsible for providing services under the custody
2order shall include it and the recommendation of the qualified individual who
3conducted the standardized assessment, including all of the information specified
4under sub. (1) (c) with the notice under par. (a) or, if not available at that time, submit
5it to the court and all persons who received the notice no later than 30 days after the
6date on which the transfer is made. No later than 60 days after the date on which
7the transfer is made the judge or court commissioner shall issue an order making the
8findings under sub. (5) (b) 2g.
SB161,8 9Section 8. 48.217 (1) (b) 2. of the statutes is amended to read:
SB161,7,1410 48.217 (1) (b) 2. The notice shall contain the name and address of the new
11placement, the reasons for the change in placement, whether the new placement is
12certified under s. 48.675,
and a statement describing why the new placement is
13preferable to the present placement. The person sending the notice shall file the
14notice with the court on the same day that the notice is sent.
SB161,9 15Section 9. 48.217 (1) (b) 3. of the statutes is created to read:
SB161,7,2516 48.217 (1) (b) 3. If the proposed change in placement would place the child in
17a residential care center for children and youth, group home, or shelter care facility
18certified under s. 48.675, the qualified individual shall conduct a standardized
19assessment and the intake worker or agency primarily responsible for providing
20services under a temporary physical custody order shall submit it and the
21recommendation of the qualified individual who conducted the standardized
22assessment, including all of the following, to the court and all persons who are
23required to receive the notice under subd. 1. a. no later than the filing of that notice
24or, if not available by that time, and except as provided under subd. 4., no later than
2510 days after the notice is filed:
SB161,8,2
1a. Whether the proposed placement will provide the child with the most
2effective and appropriate level of care in the least restrictive environment.
SB161,8,43 b. How the placement is consistent with the short-term and long-term goals
4for the child, as specified in the permanency plan.
SB161,8,75 c. The reasons why the child's needs can or cannot be met by the child's family
6or in a foster home. A shortage or lack of foster homes is not an acceptable reason
7for determining that the child's needs cannot be met in a foster home.
SB161,8,108 d. The placement preference of the family permanency team under s. 48.38
9(3m) and, if that preference is not the placement recommended by the qualified
10individual, why that recommended placement is not preferred.
SB161,10 11Section 10. 48.217 (1) (b) 4. of the statutes is created to read:
SB161,8,1612 48.217 (1) (b) 4. If, for good cause shown, the information required to be
13submitted under subd. 3. is not available by the deadline under that subdivision, the
14the intake worker or agency primarily responsible for providing services under a
15temporary physical custody order shall submit it no later than 30 days after the date
16on which the placement is made.
SB161,11 17Section 11. 48.217 (2) of the statutes is renumbered 48.217 (2) (a).
SB161,12 18Section 12. 48.217 (2) (b) and (c) of the statutes are created to read:
SB161,9,219 48.217 (2) (b) 1. If the emergency change in placement under par. (a) results
20in a child being placed in a residential care center for children and youth, group
21home, or shelter care facility certified under s. 48.675, the qualified individual shall
22conduct a standardized assessment and the intake worker or agency primarily
23responsible for providing services under a temporary physical custody order shall
24submit it and the recommendation of the qualified individual who conducted the
25standardized assessment, including the information specified under sub. (1) (b) 3.

1with the notice under par. (a) or, if not available at that time, and except as provided
2under subd. 2., no later than 10 days after the filing of that notice.
SB161,9,73 2. If, for good cause shown, the information required to be submitted under
4subd. 1. is not available by the deadline under that subdivision, the intake worker
5or agency primarily responsible for providing services under a temporary physical
6custody order shall submit it no later than 30 days after the date on which the
7placement was made.
SB161,9,148 (c) If the emergency change in placement under par. (a) results in a child being
9placed in a residential care center for children and youth, group home, or shelter care
10facility certified under s. 48.675, the court shall, no later than 60 days after the
11placement is made, issue an order making all of the findings required under sub. (2v)
12(d) 1., the answers to which do not affect whether the placement may be made, after
13considering the standardized assessment and the recommendation of the qualified
14individual who conducted the standardized assessment.
SB161,13 15Section 13. 48.217 (2m) (b) 3. of the statutes is created to read:
SB161,9,2516 48.217 (2m) (b) 3. If the change in placement results in a child being placed in
17a residential care center for children and youth, group home, or shelter care facility
18certified under s. 48.675, the qualified individual shall conduct a standardized
19assessment and the intake worker or agency primarily responsible for providing
20services under a temporary physical custody order shall submit it and the
21recommendation of the qualified individual who conducted the standardized
22assessment, including the information under sub. (1) (b) 3., to the court and to all
23persons who are required to receive the notice under subd. 2., no later than the
24hearing or, if not available by that time, no later than 30 days after the date on which
25the placement is made.
SB161,14
1Section 14. 48.217 (2m) (c) of the statutes is renumbered 48.217 (2m) (c) 1.
SB161,15 2Section 15. 48.217 (2m) (c) 2. and 3. of the statutes are created to read:
SB161,10,93 48.217 (2m) (c) 2. Except as provided in subd. 3., if the court changes the
4placement to a residential care center for children and youth, group home, or shelter
5care facility certified under s. 48.675, the change-in-placement order shall contain
6the findings under sub. (2v) (d) 1., the answers to which do not affect whether the
7placement may be made, after considering the standardized assessment and the
8recommendation of the qualified individual who conducted the standardized
9assessment.
SB161,10,1510 3. 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 sub. (2v) (d)
131. as provided in this subdivision. No later than 60 days after the date on which the
14placement was made, the court shall issue an order making the findings under sub.
15(2v) (d) 1.
SB161,16 16Section 16. 48.217 (2v) (d) 1. and 2. of the statutes are created to read:
SB161,10,2317 48.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the
18placement to a residential care center for children and youth, group home, or shelter
19care facility certified under s. 48.675, the change-in-placement order shall contain
20a finding as to each of the following, the answers to which do not affect whether the
21placement may be made, after considering the standardized assessment and the
22recommendation of the qualified individual who conducted the standardized
23assessment:
SB161,10,2524 a. Whether the needs of the child can be met through placement in a foster
25home.
SB161,11,4
1b. Whether placement of the child in a residential care center for children and
2youth, group home, or shelter care facility certified under s. 48.675 provides the most
3effective and appropriate level of care for the child in the least restrictive
4environment.
SB161,11,65 c. Whether the placement is consistent with the short-term and long-term
6goals for the child, as specified in the permanency plan.
SB161,11,77 d. Whether the court approves or disapproves the placement.
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