2001 Wisconsin Act 16

16,1580 Section 1580. 48.315 (1) (h) of the statutes is created to read:

48.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

16,1583 Section 1583. 48.355 (2) (b) 6m. of the statutes is created to read:

48.355 (2) (b) 6m. If the child is placed outside the home in a placement recommended by the agency designated under s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child's placement.

16,1584 Section 1584. 48.357 (2v) of the statutes is created to read:

48.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

16,1585d Section 1585d. 48.366 (8) of the statutes is amended to read:

48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).

16,1587 Section 1587. 48.375 (7) (d) 1m. of the statutes is amended to read:

48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c) and, (f), and (h), if the court fails to comply with the time limits specified under subd. 1. without the prior consent of the minor and the minor's counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor's counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor's counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court's order, as provided under subd. 1.

16,1618r Section 1618r. 48.48 (17) (e) of the statutes is created to read:

48.48 (17) (e) The department shall promulgate rules regulating the administration of child welfare services in a county having a population of 500,000 or more. Those rules shall include rules providing for all of the following:

1. The process by which the department contracts for the provision of child welfare services that the department is authorized to provide under this chapter.

2. Grievance procedures under which any person who is aggrieved by any act or omission of the department, or of a person contracting to provide child welfare services under this chapter, relating to the provision of those services may grieve that act or omission.

3. Caseload ratios for staff providing direct child welfare services under this chapter, whether employed by the department or by a person contracting to provide child welfare services under this chapter.

4. Standards for the provision of child welfare services under this chapter.

5. The use of an open public participation process for the planning, monitoring, and evaluation of child welfare services provided under this chapter.

16,1619r Section 1619r. 48.55 (1) of the statutes is amended to read:

48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $125,000 $163,700 in fiscal year 2001-02 and not more than $171,300 in each fiscal year thereafter as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.

16,1620 Section 1620. 48.561 (3) (a) of the statutes is renumbered 48.561 (3) (a) (intro.) and amended to read:

48.561 (3) (a) (intro.) A county having a population of 500,000 or more shall contribute $58,893,500 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:

16,1621 Section 1621. 48.561 (3) (a) 1. of the statutes is created to read:

48.561 (3) (a) 1. Through a reduction of $37,209,200 from the amount distributed to that county under s. 46.40 (2) in each state fiscal year.

16,1622 Section 1622. 48.561 (3) (a) 2. of the statutes is created to read:

48.561 (3) (a) 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.

16,1623 Section 1623. 48.561 (3) (a) 3. of the statutes is created to read:

48.561 (3) (a) 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06, or 79.08 as provided in par. (b).

16,1624d Section 1624d. 48.561 (3) (b) of the statutes is amended to read:

48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 , or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.435 (3) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.435 (3) (kw) are exhausted.

16,1629 Section 1629. 48.57 (3p) (fm) 2. of the statutes is amended to read:

48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises or, in a county having a population of 500,000 or more, the department of health and family services and so advises the person receiving payments under sub. (3m) or the department of health and family services so advises that person until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 500,000 or more, the department of health and family services so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

16,1629x Section 1629x. 48.57 (3r) of the statutes is created to read:

48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments, the department may request the secretary of administration under s. 16.515 to supplement that appropriation for the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1), the secretary of administration may supplement the appropriation under s. 20.435 (3) (kc) if all of the following occur:

(a) The secretary of administration determines that the amounts in the appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments.

(b) The joint committee on finance either does not schedule a meeting for the purpose of reviewing the proposed supplementation within 14 working days after the secretary of administration notifies the committee of the proposed supplementation or, if the committee schedules a meeting for the purpose of reviewing the proposed supplementation, the committee approves the proposed supplementation.

16,1635 Section 1635. 48.627 (3) (h) of the statutes is amended to read:

48.627 (3) (h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $200 $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.

16,1636 Section 1636. 48.651 (1) (intro.) of the statutes is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified in this section. The county shall certify the following categories of day care providers:

16,1636d Section 1636d. 48.67 of the statutes is amended to read:

48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.

16,1651g Section 1651g. 48.981 (1) (am) 1. of the statutes is amended to read:

48.981 (1) (am) 1. The child's parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, or half sister.

16,1651h Section 1651h. 48.981 (1) (fm) of the statutes is amended to read:

48.981 (1) (fm) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle, or stepaunt.

16,1651m Section 1651m. 48.981 (3) (a) of the statutes is amended to read:

48.981 (3) (a) Referral of report. 1. A person required to report under sub. (2) shall immediately inform, by telephone or personally, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department or the sheriff or city, village, or town police department of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur.

2. The sheriff or police department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department all cases reported to it. The county department, department, or licensed child welfare agency may require that a subsequent report be made in writing. Each

3. A county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.

16,1651p Section 1651p. 48.981 (3) (a) 4. of the statutes is created to read:

48.981 (3) (a) 4. If the report is of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), the sheriff or police department and the county department, department, or licensed child welfare agency under contract with the department shall coordinate the planning and execution of the investigation of the report.

16,1651r Section 1651r. 48.981 (3) (b) 3. of the statutes is amended to read:

48.981 (3) (b) 3. If the police or other law enforcement officials determine sheriff or police department determines that criminal action is necessary, they the sheriff or police department shall refer the case to the district attorney for criminal prosecution. Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), that the sheriff or police department will routinely refer to the district attorney for criminal prosecution.

16,1651v Section 1651v. 48.981 (8) (a) of the statutes is amended to read:

48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or, in a county having a population of 500,000 or more, the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

16,1652d Section 1652d. 48.982 (2) (d) of the statutes is amended to read:

48.982 (2) (d) Solicit and accept contributions, grants, gifts, and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift, or bequest is made and received. Moneys received under this paragraph, other than moneys received under s. 341.14 (6r) (b) 6., may be credited to the appropriation accounts under s. 20.433 (1) (i), or (q) or (r). Interest earned on moneys received under s. 341.14 (6r) (b) 6. may be credited to the appropriation accounts account under s. 20.433 (1) (q) or (r).

16,1653 Section 1653. 48.982 (2m) (intro.) of the statutes is amended to read:

48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d) and appropriated under s. 20.433 (1) (q) or (r), the board shall use the money in accordance with the wishes of the donor to do any of the following:

16,1654 Section 1654. 48.982 (3) of the statutes is amended to read:

48.982 (3) Staff and salaries. The board shall determine the qualifications of and appoint, in the classified service, an executive director and staff. The salaries of the executive director and staff and all actual and necessary operating expenses of the board shall be paid from the appropriations under s. 20.433 (1) (g), (i), (k), (m), and (r) (q).

16,1655 Section 1655. 48.982 (5) of the statutes is amended to read:

48.982 (5) Statewide projects. From the appropriations under s. 20.433 (1) (i) and (r) (q), the board shall administer any statewide project for which it has accepted money under sub. (2m) (c).

16,1656 Section 1656. 48.982 (6) (a) of the statutes is amended to read:

48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

16,1656b Section 1656b. 48.985 (5) of the statutes is created to read:

48.985 (5) Milwaukee child welfare aids. Of the amounts received under 42 USC 620 to 626 and credited to the appropriation account under s. 20.435 (3) (nL), the department shall transfer $58,600 in fiscal year 2001-02 and $66,800 in fiscal year 2002-03 to the appropriation account under s. 20.435 (3) (kw) and shall expend those moneys to provide services to children and families under s. 48.48 (17).

16,1656d Section 1656d. 49.027 (2) (a) (intro.) of the statutes is amended to read:

49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031 and subject to par. (c), from the appropriation under s. 20.435 (4) (bt), an amount for that year determined as follows:

16,1656dd Section 1656dd. 49.027 (2) (a) 1. of the statutes is repealed.

16,1656dg Section 1656dg. 49.027 (2) (a) 3. of the statutes is repealed.

16,1656di Section 1656di. 49.027 (2) (a) 4. of the statutes is amended to read:

49.027 (2) (a) 4. From the amount determined under subd. 3. 2., the department shall subtract amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) for that calendar year.

16,1656dL Section 1656dL. 49.027 (2) (c) of the statutes is created to read:

49.027 (2) (c) If sufficient funds are not available to pay all of the relief block grants calculated under par. (a), the department shall prorate the available funds among the eligible counties in proportion to the amounts calculated under par. (a).

16,1656sy Section 1656sy. 49.124 (title) of the statutes is renumbered 49.79 (title).

16,1656ta Section 1656ta. 49.124 (1) (intro.) of the statutes is renumbered 49.79 (1) (intro.).

16,1656tb Section 1656tb. 49.124 (1) (ag) of the statutes is renumbered 49.79 (1) (a).

16,1656tc Section 1656tc. 49.124 (1) (am) of the statutes is renumbered 49.79 (1) (b).

16,1656td Section 1656td. 49.124 (1) (b) of the statutes is renumbered 49.79 (1) (c).

16,1656tf Section 1656tf. 49.124 (1) (c) of the statutes is renumbered 49.79 (1) (d).

16,1656tg Section 1656tg. 49.124 (1) (d) of the statutes is renumbered 49.79 (1) (e).

16,1656th Section 1656th. 49.124 (1) (df) of the statutes is renumbered 49.79 (1) (f).

16,1656ti Section 1656ti. 49.124 (1) (e) of the statutes is renumbered 49.13 (1) (b).

16,1656tj Section 1656tj. 49.124 (1g) (title) of the statutes is renumbered 49.79 (2) (title).

16,1656tjk Section 1656tjk. 49.124 (1g) of the statutes is renumbered 49.79 (2) (a), and 49.79 (2) (a) 1. and 5. (intro.), as renumbered, are amended to read:

49.79 (2) (a) 1. The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, establishing or enforcing a support order, if appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph subdivision does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

5. (intro.) The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This paragraph subdivision does not apply if any of the following applies:

16,1656tjm Section 1656tjm. 49.124 (1m) (title) of the statutes is renumbered 49.13 (title).