2001 Wisconsin Act 59

59,7 Section 7. 15.197 (11n) (am) 3. of the statutes is created to read:

15.197 (11n) (am) 3. A representative of each of the following who has sufficient authority to engage in policy planning and implementation for the entity represented:

a. The entity in this state that is designated by the federal department of health and human services as a university center for excellence in developmental disabilities education, research, and services.

b. The state protection and advocacy system under s. 51.62, designated by the director of the state protection and advocacy agency under s. 51.62 (2).

c. Each of the local governmental agencies, nongovernmental agencies, and private nonprofit groups that are concerned with services for individuals with developmental disabilities.

59,8 Section 8. 15.197 (11n) (b) of the statutes is repealed.

59,9 Section 9. 15.197 (11n) (bm) of the statutes is created to read:

15.197 (11n) (bm) A member specified in par. (am) 1. or 3. shall recuse himself or herself from any discussion by the council of grants or contracts for which the member's department, agency, program, or group is a grantee, contractor, or applicant and may not vote on a matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest.

59,10 Section 10. 15.197 (11n) (c) of the statutes is repealed.

59,11 Section 11. 15.197 (11n) (cm) of the statutes is created to read:

15.197 (11n) (cm) 1. At least 60% of the membership of the council shall be individuals specified under par. (am) 2. who are not managing employees, as defined under 42 USC 1320a-5 (b), of an entity, or employees of a state agency, that receives federal funds for the developmentally disabled or uses the funds to provide services to persons with developmental disabilities. Of those individuals, one-third shall be individuals specified under par. (am) 2. a., one-third shall be individuals specified under par. (am) 2. b. or c., and one-third shall be individuals specified under par. (am) 2. a., b., or c.

2. At least one of the individuals described under subd. 1. shall be an individual with a developmental disability who resides in or previously resided in an institution, including a state center for the developmentally disabled, or the immediate relative or guardian of such an individual. The requirement under this subdivision does not apply if such an individual does not reside in this state.

59,12 Section 12 . 15.197 (11n) (d) of the statutes is repealed.

59,13 Section 13. 46.03 (22) (a) of the statutes is amended to read:

46.03 (22) (a) "Community living arrangement" means any of the following facilities licensed or operated, or permitted under the authority of the department: residential care centers for children and youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under s. 48.60, group homes for children under, as defined in s. 48.02 (7), and community-based residential facilities under, as defined in s. 50.01 (1g); but does not include adult family homes, as defined in s. 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

Note: This Section clarifies that it is a residential care center for children and youth operated by a child welfare agency, and not the agency operating the center, that is defined as a "community living arrangement" in s. 46.03 (22) (a), stats.

59,14 Section 14 . 46.10 (14) (b) of the statutes is amended to read:

46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home or child caring institution, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

Note: Sections 14 to 20, 22 to 30, 40 to 47, 51 to 66, 69 to 81, and 83 to 95 change the term "child caring institution" to "residential care center for children and youth" to describe a facility operated by a licensed child welfare agency for the care and maintenance of children residing in that facility. Current law requires a person who provides care and maintenance for 75 days in any consecutive 12-month period for 4 or more children at any one time to obtain a license to operate a child welfare agency from the department of health and family services (DHFS). This change makes the term used in the statutes to describe those facilities consistent with the term used by other states, national organizations, professionals in the child welfare field, and DHFS to describe those facilities.

59,15 Section 15. 46.261 (1) (a) of the statutes is amended to read:

46.261 (1) (a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a child caring institution residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution, or center by a county department under s. 46.215, 46.22 or 46.23, by the department, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22 or 46.23.

59,16 Section 16. 46.261 (2) (a) 3. of the statutes is amended to read:

46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body 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 defined under s. 48.02 (15), 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 pursuant to an agreement with the county department or the department.

59,17 Section 17. 46.261 (2) (a) 4. of the statutes is amended to read:

46.261 (2) (a) 4. A licensed foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), 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.

59,18 Section 18. 46.261 (2) (b) of the statutes is amended to read:

46.261 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child caring institution, or residential care center for children and youth by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement, or for placement of a child in a group home licensed under s. 48.625.

59,19 Section 19. 48.02 (2c) of the statutes is renumbered 48.02 (15d) and amended to read:

48.02 (15d) "Child caring institution" "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of children residing in that facility.

59,20 Section 20 . 48.33 (4) (intro.) of the statutes is amended to read:

48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth shall be in writing and shall include all of the following:

59,21 Section 21. 48.345 (3) (d) of the statutes is amended to read:

48.345 (3) (d) A residential treatment center operated by a child welfare agency licensed under s. 48.60.

Note: This Section clarifies that it is the child welfare agency operating the residential treatment center, and not the residential treatment center itself, that is licensed under s. 48.60.

59,22 Section 22 . 48.371 (1) of the statutes is amended to read:

48.371 (1) If a child is placed in a foster home, treatment foster home, group home or child caring institution , or residential care center for children and youth, including a placement under s. 48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the placement of the child shall provide the following information to the foster parent, treatment foster parent, or operator of the group home or child caring institution residential care center for children and youth at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

(a) Results of a test or a series of tests of the child to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, or operator of the group home or child caring institution residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).

(b) Results of any tests of the child to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

(c) Any other medical information concerning the child that is necessary for the care of the child. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

59,23 Section 23. 48.371 (3) (intro.) of the statutes is amended to read:

48.371 (3) (intro.) At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home or child caring institution residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

59,24 Section 24. 48.371 (3) (a) of the statutes is amended to read:

48.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the child. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this subsection shall keep the information confidential.

59,25 Section 25. 48.371 (3) (b) of the statutes is amended to read:

48.371 (3) (b) Any involvement of the child in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

59,26 Section 26. 48.371 (3) (c) of the statutes is amended to read:

48.371 (3) (c) Any involvement of the child in any activities that are harmful to the child's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

59,27 Section 27. 48.371 (3) (d) of the statutes is amended to read:

48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth. The foster parent, treatment foster parent, or operator of a group home or child caring institution residential care center for children and youth receiving information under this paragraph shall keep the information confidential.

59,28 Section 28. 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, treatment foster home, group home, child-caring institution residential care center for children and youth, secure detention facility, or shelter care facility, 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 shall prepare a written permanency plan, if one of the following conditions exists:

59,29 Section 29. 48.48 (17) (c) 4. of the statutes is amended to read:

48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth.

59,30 Section 30 . 48.57 (3) (a) 4. of the statutes is amended to read:

48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth.

59,31 Section 31. 48.60 (4) (b) of the statutes is amended to read:

48.60 (4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who is a resident of has been placed with the child welfare agency, if the child was placed in the child welfare agency pursuant to under the interstate compact on the placement of children under s. 48.988.

Note: This Section deletes surplus language to clarify that a child welfare agency is liable for the costs incurred by a school district in providing special education for a child with a disability who has been placed with the child welfare agency under the Interstate Compact on the Placement of Children.

59,32 Section 32. 48.60 (5) (a) (intro.) of the statutes is amended to read:

48.60 (5) (a) (intro.) No later than 24 hours after the death of a child who resided in a building residential care center for children and youth operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:

Note: This Section and Section 33 eliminate vague references to a "building" operated by a child welfare agency and replaces those vague references with specific references to a "residential care center for children and youth" operated by a child welfare agency, which is the legally defined and professionally accepted term for a facility operated by a child welfare agency for the care and maintenance of children.

59,33 Section 33 . 48.615 (1) (a) of the statutes is amended to read:

48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of its building a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

59,34 Section 34. 48.68 (2) of the statutes is amended to read:

48.68 (2) Before continuing the license of any child welfare agency or to operate a residential care center for children and youth or of any group home, the department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each during the previous 2-year period.

Note: This Section and Sections 35 to 39 amend provisions relating to licensure of, and formal complaints regarding, child welfare agencies to clarify that those provisions apply to a residential care center for children and youth operated by a child welfare agency. It is obvious from the context of those provisions that they refer to a child welfare agency in its capacity as an operator of such a center and not in its capacity as a child-placing agency.

59,35 Section 35 . 48.68 (3) of the statutes is amended to read:

48.68 (3) Within 10 working days after receipt of an application for initial licensure of a child welfare agency or to operate a residential care center for children and youth or of a group home, the department shall notify the city, town, or village planning commission, or other appropriate city, town, or village agency if there is no planning commission, of receipt of the application. The department shall request that the planning commission or agency send to the department, within 30 days, a description of any specific hazards which that may affect the health and safety of the residents of the child welfare agency residential care center for children and youth or group home. No license may be issued to a child welfare agency or to operate a residential care center for children and youth or to a group home until the 30-day period has expired or until the department receives the response of the planning commission or agency, whichever is sooner. In issuing a license the department shall give full consideration to such hazards determined by the planning commission or agency.

59,36 Section 36 . 48.68 (4) of the statutes is amended to read:

48.68 (4) Prior to initial licensure of a residential facility care center for children and youth operated by a child welfare agency or of a group home, the applicant for licensure shall make a good faith effort to establish a community advisory committee consisting of representatives from the child welfare agency or proposed group home, the neighborhood in which the proposed residential facility care center for children and youth or group home will be located and a local unit of government. The community advisory committee shall provide a forum for communication for those persons interested in the proposed residential facility care center for children and youth or group home. Any committee established under this subsection shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the residential facility care center for children and youth or group home on the neighborhood. The department shall determine compliance with this subsection both prior to and after initial licensure.

59,37 Section 37. 48.745 (1) of the statutes is amended to read:

48.745 (1) If a complaint is received by a child welfare agency or operating a residential care center for children and youth or by a group home, the licensee shall attempt to resolve the complaint informally. Failing such resolution, the licensee shall inform the complaining party of the procedure for filing a formal complaint under this section.

59,38 Section 38. 48.745 (2) of the statutes is amended to read:

48.745 (2) Any individual may file a formal complaint under this section regarding the general operation of a child welfare agency residential care center for children and youth or group home and shall not be subject to reprisals for doing so. All formal complaints regarding child welfare agencies residential care centers for children and youth and group homes shall be filed with the county department on forms supplied by the county department unless the county department designates the department to receive formal complaints. The county department shall investigate or cause to be investigated each formal complaint. Records of the results of each investigation and the disposition of each formal complaint shall be kept by the county department and filed with the subunit of the department which that licenses child welfare agencies residential care centers for children and youth and group homes.

59,39 Section 39 . 48.745 (3) of the statutes is amended to read:

48.745 (3) Upon receipt of a formal complaint, the county department may investigate the premises and records and question the licensee, staff, and residents of the child welfare agency residential care center for children and youth or group home involved. The county department shall attempt to resolve the situation through negotiation and other appropriate means.

59,40 Section 40 . 48.981 (1) (am) 5. of the statutes is amended to read:

48.981 (1) (am) 5. An employee of a residential facility or child caring institution residential care center for children and youth in which the child was or is placed.

59,41 Section 41. 48.981 (2) of the statutes is amended to read:

48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator, or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution or residential care center for children and youth, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437 or a residential care center for children and youth, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder, or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney, having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

59,42 Section 42. 48.988 (2) (b) of the statutes is amended to read:

48.988 (2) (b) "Placement" means the arrangement for the care of a child in a family free or boarding home or, in a child-caring agency or institution, or in a residential care center for children and youth, but does not include any institution caring for the mentally ill, mentally defective, or epileptic or, any institution primarily educational in character, and or any hospital or other medical facility.

59,43 Section 43. 49.19 (1) (a) 2. b. of the statutes is amended to read:

49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution, or center by a county department under s. 46.215, 46.22 or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

59,44 Section 44. 49.19 (10) (b) of the statutes is amended to read:

49.19 (10) (b) Aid under this section may also be granted on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or on behalf of a child who was removed from the home of a relative specified in sub. (1) (a) 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 such child is placed in a licensed child-caring institution residential care center for children and youth by the county department. Reimbursement shall be made by the state pursuant to par. (a).

59,45 Section 45. 49.19 (10) (c) of the statutes is amended to read:

49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home or child-caring institution, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body 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 if the child was removed from the home of a relative specified in sub. (1) (a) 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 pursuant to an agreement with the county department.

59,46 Section 46. 49.19 (10) (d) of the statutes is amended to read: