2001 WISCONSIN ACT 59
An Act to repeal 15.197 (11n) (a) 4., 15.197 (11n) (b), 15.197 (11n) (c), 15.197 (11n) (d) and 252.15 (2) (am) 2. b.; to renumber 15.197 (11n) (a) 1. to 3.; to renumber and amend 15.197 (11n) (intro.) (except 15.197 (11n) (title)), 15.197 (11n) (a) (intro.), 48.02 (2c), 115.76 (4), 252.15 (2) (am) 2. a. and 938.02 (2c); to amend 46.03 (22) (a), 46.10 (14) (b), 46.261 (1) (a), 46.261 (2) (a) 3., 46.261 (2) (a) 4., 46.261 (2) (b), 48.33 (4) (intro.), 48.345 (3) (d), 48.371 (1), 48.371 (3) (intro.), 48.371 (3) (a), 48.371 (3) (b), 48.371 (3) (c), 48.371 (3) (d), 48.38 (2) (intro.), 48.48 (17) (c) 4., 48.57 (3) (a) 4., 48.60 (4) (b), 48.60 (5) (a) (intro.), 48.615 (1) (a), 48.68 (2), 48.68 (3), 48.68 (4), 48.745 (1), 48.745 (2), 48.745 (3), 48.981 (1) (am) 5., 48.981 (2), 48.988 (2) (b), 49.19 (1) (a) 2. b., 49.19 (10) (b), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 70.11 (19), 115.762 (3) (g), 115.81 (1) (b), 115.81 (2), 115.81 (3) (a), 115.81 (3) (b) 2. b., 115.81 (4) (intro.), 115.81 (4) (a) 3., 115.81 (4) (a) 4., 115.81 (4) (a) 5., 115.81 (4) (b) 1., 115.81 (4) (b) 2., 115.81 (4) (b) 3., 115.81 (4) (b) 4., 115.81 (4) (b) 5., 146.82 (2) (a) 18m., 252.15 (5) (a) 19., 301.08 (1) (b) 3., 301.12 (14) (b), 301.26 (4) (d) 2., 301.26 (4) (d) 3., 767.29 (3) (b), 938.02 (15g), 938.02 (19r), 938.08 (3) (a) 1., 938.08 (3) (a) 2., 938.08 (3) (b), 938.33 (4) (intro.), 938.34 (3) (d), 938.371 (1), 938.371 (3) (intro.), 938.371 (3) (a), 938.371 (3) (b), 938.371 (3) (c), 938.371 (3) (d), 938.38 (2) (intro.), 938.51 (1d) (intro.), 938.51 (4) (intro.), 938.538 (3) (a) 1p., 938.539 (5), 938.57 (3) (a) 4., 938.78 (3) and 940.295 (2) (m); and
to create 15.197 (11n) (am) (intro.), 15.197 (11n) (am) 2., 15.197 (11n) (am) 3., 15.197 (11n) (bm), 15.197 (11n) (cm), 51.437 (14r) (a) 7. and 51.437 (14r) (c) of the statutes; relating to: testing of donors of human ova for the presence of human immunodeficiency virus; membership of the council on developmental disabilities; and changing the term used to describe a residential facility operated by a child welfare agency for the care and maintenance of children (suggested as remedial legislation by the department of health and family services).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of health and family services and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.
59,1
Section
1
. 15.197 (11n) (intro.) (except 15.197 (11n) (title)) of the statutes is renumbered 15.197 (11n) (ag) and amended to read:
15.197 (11n) (ag) There is created a council on developmental disabilities, attached to the department of health and family services under s. 15.03. Members shall be state residents and shall be appointed in the following manner for staggered 4-year terms:
Note: Sections 1 to 12 change the requirements for membership to the state council on developmental disabilities to conform to the federal requirements for council membership. Currently, the membership of the council does not reflect the membership requirements specified under federal law.
59,2
Section
2. 15.197 (11n) (a) (intro.) of the statutes is renumbered 15.197 (11n) (am) 1. (intro.) and amended to read:
15.197 (11n) (am) 1. (intro.) Agencies
A representative of each of the relevant agencies of the state providing direct services to the developmentally disabled shall be represented by members of the council that administer federal funds related to individuals with disabilities, to be designated by:
59,3
Section
3. 15.197 (11n) (a) 1. to 3. of the statutes are renumbered 15.197 (11n) (am) 1. a. to c.
59,4
Section
4. 15.197 (11n) (a) 4. of the statutes is repealed.
59,5
Section
5. 15.197 (11n) (am) (intro.) of the statutes is created to read:
15.197 (11n) (am) (intro.) Subject to par. (cm), the council shall consist of the following state residents, appointed for staggered 4-year terms, who shall be representative of all geographic areas of the state and reflect the state's diversity with respect to race and ethnicity:
59,6
Section
6. 15.197 (11n) (am) 2. of the statutes is created to read:
15.197 (11n) (am) 2. Representatives of individuals with developmental disabilities, who are any of the following:
a. Individuals with developmental disabilities.
b. Parents or guardians of children with developmental disabilities.
c. Immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.
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.
