Amendment ASA-AB150

AB150-ASA,893,3 48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to hold operate a secured child caring institution for holding in secure custody children who have been adjudicated delinquent under s. 48.34 (4h) or (4m) and referred to the child welfare agency by the court or the department under the intensive residential aftercare pilot program under 1993 Wisconsin Act 377, section 9126 (3x), of corrections and to provide supervision, care and maintenance for those children.

AB150-ASA, s. 2599 Section 2599. 48.67 of the statutes is amended to read:

AB150-ASA,893,14 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 industry, labor and human relations development and the department of public instruction before promulgating these rules.

AB150-ASA, s. 2600 Section 2600. 48.677 (title) of the statutes is renumbered 46.48 (16) (title).

AB150-ASA, s. 2601 Section 2601. 48.677 of the statutes is renumbered 46.48 (16) (a) and amended to read:

AB150-ASA,894,5 46.48 (16) (a) A private, nonprofit organization may apply to the department for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department shall distribute not more than $37,500 in each fiscal year as grants to private, nonprofit organizations to recruit African American foster parents, including African American prospective adoptive parents, in communities that have a high percentage of African American children and a high percentage of children in out-of-home placements. The department shall review the applications submitted under this section paragraph and determine the number of grants that will be awarded, which of the applicants will receive grants and the amount of each grant. A private, nonprofit organization receiving a grant under this section paragraph shall cooperate and coordinate its activities under the grant with the county department under s. 46.215, 46.22 or 46.23 serving the area from which the private, nonprofit organization recruits African American foster parents.

AB150-ASA, s. 2602 Section 2602. 48.68 (1) of the statutes is amended to read:

AB150-ASA,894,20 48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67. In determining whether to issue a license, the department may consider any action by the applicant, or by an employe of the applicant, that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the age-related monthly foster care rates and supplemental payments specified in s. 49.19 (12) 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB150-ASA, s. 2605 Section 2605. 48.715 (3) (intro.) of the statutes is amended to read:

AB150-ASA,895,3 48.715 (3) (intro.) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 48.70 (1) or rule promulgated by the department under s. 48.67 or who fails to comply with an order issued under sub. (2) by the time specified in the order:

AB150-ASA, s. 2606 Section 2606. 48.715 (3) (a) (intro.) of the statutes is amended to read:

AB150-ASA,895,7 48.715 (3) (a) (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $50 $1,000. All of the following apply to a forfeiture under this paragraph:

AB150-ASA, s. 2607 Section 2607. 48.715 (3) (a) 1. of the statutes is amended to read:

AB150-ASA,895,14 48.715 (3) (a) 1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. As part of the order, the The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).

AB150-ASA, s. 2607m Section 2607m. 48.715 (3) (a) 3. of the statutes is amended to read:

AB150-ASA,895,23 48.715 (3) (a) 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

AB150-ASA, s. 2610 Section 2610. 48.78 (1) of the statutes is amended to read:

AB150-ASA,896,4 48.78 (1) In this section, unless otherwise qualified, "agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

AB150-ASA, s. 2611 Section 2611. 48.78 (2) (c) of the statutes is amended to read:

AB150-ASA,896,9 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

AB150-ASA, s. 2611m Section 2611m. 48.78 (2) (d) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-ASA,896,18 48.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health and social services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of the that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of the that department or county department under s. 48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:

AB150-ASA, s. 2612p Section 2612p. 48.78 (2) (e) of the statutes is amended to read:

AB150-ASA,897,2 48.78 (2) (e) Paragraph (a) does not prohibit the department of health and social services corrections from disclosing information about an individual adjudged delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB150-ASA, s. 2613 Section 2613. 48.78 (2) (f) of the statutes is created to read:

AB150-ASA,897,6 48.78 (2) (f) Paragraph (a) does not prohibit the department of corrections from disclosing information about a person who has been convicted of violating a state or federal criminal law.

AB150-ASA, s. 2614m Section 2614m. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150-ASA,897,25 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or youthful offender supervision, the department of health and social services or the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of health and social services shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public, except that the department of corrections shall promulgate rules establishing guidelines for the release to the public of the name of a child, or information about a child, who is a participant in the youthful offender program.

AB150-ASA, s. 2614p Section 2614p. 48.78 (3) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,898,16 48.78 (3) If a child adjudged delinquent on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, has been allowed to leave a secured correctional facility for a specified time period and is absent from the facility for more than 12 hours after the expiration of the specified period or has run away from the child's placement in the community while under corrective sanctions or serious juvenile offender supervision, the department of corrections may release the child's name and any information about the child that is necessary for the protection of the public or to secure the child's return to the facility or placement. The department of corrections shall promulgate rules establishing guidelines for the release of the child's name or information about the child to the public.

AB150-ASA, s. 2615 Section 2615. 48.79 (intro.) of the statutes is amended to read:

AB150-ASA,898,19 48.79 (title) Powers of the department of health and social services. (intro.) The department of health and social services has authority and power:

AB150-ASA, s. 2615g Section 2615g. 48.79 (1) of the statutes is repealed.

AB150-ASA, s. 2615m Section 2615m. 48.79 (2) of the statutes is repealed.

AB150-ASA, s. 2615p Section 2615p. 48.79 (3) of the statutes is repealed.

AB150-ASA, s. 2615r Section 2615r. 48.79 (11) of the statutes is repealed.

AB150-ASA, s. 2616 Section 2616. 48.795 of the statutes is created to read:

AB150-ASA,899,2 48.795 Powers of the department of corrections. The department of corrections may do all of the following:

AB150-ASA,899,5 (1) Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department.

AB150-ASA,899,9 (2) Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the total community program, including the improvement of law enforcement.

AB150-ASA,899,12 (3) Assist schools in extending their particular contribution in locating and helping children vulnerable to delinquency and crime and in improving their services to all youth.

AB150-ASA,899,14 (4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.

AB150-ASA, s. 2622 Section 2622. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB150-ASA,899,17 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and public instruction education:

AB150-ASA, s. 2623 Section 2623. 48.982 (7) (a) of the statutes is amended to read:

AB150-ASA,899,21 48.982 (7) (a) From the appropriations under s. 20.433 (1) (c) (h), (i), (k) and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB150-ASA, s. 2623d Section 2623d. 48.982 (7) (b) of the statutes is amended to read:

AB150-ASA,899,24 48.982 (7) (b) A grant may be awarded only to an organization that agrees to make a 20% 30% match to the grant, through either money or in-kind services.

AB150-ASA, s. 2624 Section 2624. 48.985 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,900,10 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB150-ASA, s. 2625 Section 2625. 48.985 (1) (intro.) and (a) of the statutes are consolidated, renumbered 48.985 (1) and amended to read:

AB150-ASA,900,21 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (6) (n), the department shall expend not more than $543,700 in fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 as follows: (a) For for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, not more than $273,700 in fiscal year 1993-94 and not more than $281,500 in fiscal year 1994-95 for child welfare projects and services provided or purchased by the department, for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB150-ASA, s. 2626 Section 2626. 48.985 (1) (c) of the statutes is repealed.

AB150-ASA, s. 2627 Section 2627. 48.985 (1) (e) of the statutes is repealed.

AB150-ASA, s. 2628 Section 2628. 48.985 (1) (f) of the statutes is repealed.

AB150-ASA, s. 2629 Section 2629. 48.985 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.985 (2) and amended to read:

AB150-ASA,901,12 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall expend distribute not more than $3,919,800 in each fiscal year of the moneys received under 42 USC 620 to 626 as follows: 1. To to county departments under ss. 46.215, 46.22 and 46.23, for the provision or purchase of child welfare projects and services including child abuse and neglect investigation and treatment services, subject only to local, state and federal requirements specific to the types of projects or services, not more than $1,858,000 in each fiscal year and for the allocation, for services to children and families, not more than $567,300 in each fiscal year and for family-based child welfare services.

AB150-ASA, s. 2630 Section 2630. 48.985 (2) (a) 2. of the statutes is repealed.

AB150-ASA, s. 2631 Section 2631. 48.985 (2) (a) 3. of the statutes is repealed.

AB150-ASA, s. 2632 Section 2632. 48.985 (2) (b) of the statutes is repealed.

AB150-ASA, s. 2632m Section 2632m. 48.985 (3) of the statutes is amended to read:

AB150-ASA,901,20 48.985 (3) Community youth and family aids. From the appropriation under s. 20.435 20.410 (3) (oo), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 46.26 301.26, not more than $1,100,000 in each fiscal year.

AB150-ASA, s. 2633 Section 2633. 48.985 (4) of the statutes is amended to read:

AB150-ASA,901,23 48.985 (4) Runaway services. From the appropriation under s. 20.435 (7) (3) (na) for runaway services, not more than $458,600 in each fiscal year.

AB150-ASA, s. 2634m Section 2634m. 48.992 (1) (a) of the statutes is amended to read:

AB150-ASA,902,5 48.992 (1) (a) The "appropriate court" of this state to issue a requisition under s. 48.991 (4) is the court assigned to exercise jurisdiction under this chapter for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department of corrections, any court so assigned in the state.

AB150-ASA, s. 2634p Section 2634p. 48.993 of the statutes is amended to read:

AB150-ASA,902,18 48.993 Juvenile compact administrator. (1) Under the interstate compact on juveniles, the governor may designate an officer or employe of the department of corrections to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of health and social services corrections, or other employe designated by the secretary. The compact administrator may cooperate with all departments, agencies and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

AB150-ASA,903,2 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department of corrections or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB150-ASA, s. 2634r Section 2634r. 48.994 of the statutes is amended to read:

AB150-ASA,903,10 48.994 Supplementary agreements. The department of corrections may enter into supplementary agreements with appropriate officials of other states under s. 48.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

AB150-ASA, s. 2635g Section 2635g. 48.995 (2) of the statutes is amended to read:

AB150-ASA,903,22 48.995 (2) In the case of an escapee or absconder under s. 48.991 (5) or (6), if the juvenile is in the legal custody or under the supervision of the department of corrections, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 (7), then the court assigned to exercise jurisdiction under this chapter for the county of the juvenile's residence during the supervision.

AB150-ASA, s. 2635m Section 2635m. 48.996 of the statutes is amended to read:

AB150-ASA,904,3 48.996 Compensation. Any judge of this state who appoints counsel or a guardian ad litem pursuant to the provisions of the interstate compact on juveniles may, in the judge's discretion, allow reasonable compensation in an amount not to exceed the compensation paid to private attorneys under s. 977.08 (4m) (b), to be paid by the county on order of the court.

AB150-ASA, s. 2636 Section 2636. The unnumbered subchapter title preceding 49.001 of the statutes is repealed.

AB150-ASA, s. 2637 Section 2637. Subchapter I (title) of chapter 49 [precedes 49.001] of the statutes is created to read:

AB150-ASA,904,8 Chapter 49

AB150-ASA,904,10 Subchapter I Definitions

AB150-ASA, s. 2638 Section 2638. 49.001 (intro.) of the statutes is renumbered 49.81 (intro.) and amended to read:

AB150-ASA,904,17 49.81 Public assistance recipients' bill of rights. (intro.) The department of health and social services, the department of industry, labor and human relations and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

AB150-ASA, s. 2639 Section 2639. 49.001 (intro.) of the statutes is created to read:

AB150-ASA,904,19 49.001 Definitions. (intro.) In this chapter:

AB150-ASA, s. 2640 Section 2640. 49.001 (1) of the statutes is renumbered 49.81 (1).