Amendment ASA1-AB100

AB100-ASA1,709,16 CHAPTER 48

AB100-ASA1,709,18 SUBCHAPTER XII COUNTY CHILD WELFARE SERVICES

AB100-ASA1, s. 1247 Section 1247. 48.56 (title) of the statutes is amended to read:

AB100-ASA1,709,21 48.56 (title) County child Child welfare services in counties having populations of less than 500,000.

AB100-ASA1, s. 1248 Section 1248. 48.56 (1) of the statutes is amended to read:

AB100-ASA1,709,24 48.56 (1) Each county having a population of less than 500,000 shall provide child welfare services through its county department.

AB100-ASA1, s. 1249 Section 1249. 48.561 of the statutes is created to read:

AB100-ASA1,710,3 48.561 Child welfare services in a county having a population of 500,000 or more. (1) Beginning on January 1, 1998, the department shall provide child welfare services in a county having a population of 500,000 or more.

AB100-ASA1,710,7 (2) Beginning on January 1, 1998, the department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB100-ASA1,710,10 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 in state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100-ASA1,711,2 (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will collect the amount specified in par. (a). If the department of administration and a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for deducting all or part of that amount from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the department of administration shall notify the department of revenue, by September 15, 1997, of the amount to be deducted from those state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15, 1997, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, 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.

AB100-ASA1, s. 1600d Section 1600d. 48.561 (1), (2) and (3) of the statutes, as created by 1997 Wisconsin Act .... (this act), are amended to read:

AB100-ASA1,711,6 48.561 (1) Beginning on January 1, 1998, the The department shall provide child welfare services in a county having a population of 500,000 or more.

AB100-ASA1,711,10 (2) Beginning on January 1, 1998, the The department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB100-ASA1,711,13 (3) (a) A county having a population of 500,000 or more shall contribute $31,280,700 $62,561,400 in each state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100-ASA1,712,5 (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will collect the amount specified in par. (a). If the department of administration and a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for deducting all or part of that amount from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the department of administration shall notify the department of revenue, by September 15, 1997 of each year, of the amount to be deducted from those state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15, 1997 of each year, the department of administration shall determine that method without the agreement of that county. On or after January 1, 1998, the 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.

AB100-ASA1, s. 1250 Section 1250. 48.57 (title) of the statutes is amended to read:

AB100-ASA1,712,8 48.57 (title) Powers and duties of department and county departments providing child welfare services.

AB100-ASA1, s. 1251 Section 1251. 48.57 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,712,15 48.57 (1) (intro.) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations. It or which may be otherwise provided. The department shall have the authority specified in s. 48.48 (17). A county department shall have the authority:

AB100-ASA1, s. 1252 Section 1252. 48.57 (1) (c) of the statutes is amended to read:

AB100-ASA1,713,3 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the department of education state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education state superintendent of public instruction.

AB100-ASA1, s. 1253 Section 1253. 48.57 (1) (e) of the statutes is amended to read:

AB100-ASA1,713,9 48.57 (1) (e) If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

AB100-ASA1, s. 1254 Section 1254. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100-ASA1,713,16 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o) (3) (cz) and (kc), the department shall reimburse counties for payments made under this subsection. A county department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100-ASA1, s. 1255 Section 1255. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,713,25 48.57 (3m) (am) (intro.) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100-ASA1, s. 1256 Section 1256. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB100-ASA1,714,6 48.57 (3m) (am) 1. The kinship care relative applies to the county department or department for payments under this subsection and the county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.

AB100-ASA1, s. 1257 Section 1257. 48.57 (3m) (am) 2. of the statutes is amended to read:

AB100-ASA1,714,11 48.57 (3m) (am) 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB100-ASA1, s. 1258 Section 1258. 48.57 (3m) (am) 4. of the statutes is amended to read:

AB100-ASA1,714,20 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative, the employes and prospective employes of the kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

AB100-ASA1, s. 1259 Section 1259. 48.57 (3m) (am) 5. of the statutes is amended to read:

AB100-ASA1,714,24 48.57 (3m) (am) 5. The kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the kinship care relative may be eligible.

AB100-ASA1, s. 1260 Section 1260. 48.57 (3m) (am) 6. of the statutes is created to read:

AB100-ASA1,715,3 48.57 (3m) (am) 6. The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100-ASA1, s. 1261 Section 1261. 48.57 (3m) (b) 1. of the statutes is amended to read:

AB100-ASA1,715,8 48.57 (3m) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB100-ASA1, s. 1262 Section 1262. 48.57 (3m) (c) of the statutes is amended to read:

AB100-ASA1,715,13 48.57 (3m) (c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB100-ASA1, s. 1263 Section 1263. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100-ASA1,715,22 48.57 (3m) (d) A county department or, in a county having a population of 500,000 or more, the department shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

AB100-ASA1, s. 1614g Section 1614g. 48.57 (3m) (f) of the statutes is created to read:

AB100-ASA1,716,4 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5. or 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB100-ASA1, s. 1614h Section 1614h. 48.57 (3m) (g) of the statutes is created to read:

AB100-ASA1,716,20 48.57 (3m) (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

AB100-ASA1,716,21 a. The petitioner withdraws the petition in writing.

AB100-ASA1,716,24 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

AB100-ASA1,717,3 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

AB100-ASA1,717,13 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB100-ASA1,717,15 a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

AB100-ASA1,717,18 b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.

AB100-ASA1,717,20 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision.

AB100-ASA1, s. 1264 Section 1264. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB100-ASA1,717,25 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB100-ASA1, s. 1265 Section 1265. 48.57 (3p) (b) 2. of the statutes is amended to read:

AB100-ASA1,718,7 48.57 (3p) (b) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100-ASA1, s. 1266 Section 1266. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB100-ASA1,718,15 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB100-ASA1, s. 1267 Section 1267. 48.57 (3p) (c) 2. of the statutes is amended to read:

AB100-ASA1,718,24 48.57 (3p) (c) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100-ASA1, s. 1268 Section 1268. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB100-ASA1,719,8 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB100-ASA1, s. 1269 Section 1269. 48.57 (3p) (d) of the statutes is amended to read:

AB100-ASA1,719,21 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department of health and family services shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB100-ASA1, s. 1270 Section 1270. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB100-ASA1,720,2 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 500,000 or more, the department of health and family services with all of the following information:

AB100-ASA1, s. 1271 Section 1271. 48.57 (3p) (fm) 1. of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1,720,17 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless that the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The county department or department of workforce development health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating 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.

AB100-ASA1, s. 1272 Section 1272. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB100-ASA1,721,18 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 employe 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 the department of health and family services and the person receiving payments under sub. (3m) or the department of health and family services so advises that person. 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.

AB100-ASA1, s. 1273 Section 1273. 48.57 (3p) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 71f, is amended to read:

AB100-ASA1,722,2 48.57 (3p) (g) (intro.) Subject to par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not 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 permit a person to be an adult resident if any of the following applies:

AB100-ASA1, s. 1274 Section 1274. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB100-ASA1,722,8 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB100-ASA1, s. 1275 Section 1275. 48.57 (3p) (g) 3. of the statutes is amended to read:

AB100-ASA1,722,22 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB100-ASA1, s. 1276 Section 1276. 48.57 (3p) (i) of the statutes is amended to read:

AB100-ASA1,723,3 48.57 (3p) (i) The A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100-ASA1, s. 1277 Section 1277. 48.57 (3p) (j) of the statutes is amended to read:

AB100-ASA1,723,8 48.57 (3p) (j) The A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB100-ASA1, s. 1278 Section 1278. 48.58 (1) (b) of the statutes is amended to read:

AB100-ASA1,723,12 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;

AB100-ASA1, s. 1279 Section 1279. 48.59 (1) of the statutes is amended to read:

AB100-ASA1,724,2 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department, department or agency shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department , department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency.

AB100-ASA1, s. 1280 Section 1280. 48.60 (1) of the statutes is amended to read:

AB100-ASA1,724,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67 and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).