Amendment AA1-ASA2-AB432

LRBa1890/1

TAY&GMM:kmg:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1997 ASSEMBLY BILL 432

March 26, 1998 - Offered by Representatives Walker, Huber and Riley.

AB432-ASA2-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB432-ASA2-AA1,1,2 1. Page 1, line 4: delete "welfare".

AB432-ASA2-AA1,1,3 2. Page 1, line 5: delete "agencies" and substitute "caring institutions".

AB432-ASA2-AA1,1,4 3. Page 1, line 7: delete that line and substitute:

AB432-ASA2-AA1,1,5 " Section 1b. 46.03 (22) (a) of the statutes is amended to read:

AB432-ASA2-AA1,2,2 46.03 (22) (a) "Community living arrangement" means any of the following facilities licensed or operated, or permitted under the authority of the department: child caring institutions operated by child welfare agencies under s. 48.60, group homes for children under s. 48.02 (7) 48.625 and community-based residential facilities under s. 50.01 50.03; but does not include adult family homes, as defined in s. 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. "Community living arrangement" also includes a youth village program as described in s. 118.42.

AB432-ASA2-AA1, s. 1d Section 1d. 48.60 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB432-ASA2-AA1,2,13 48.60 (3) Before issuing or continuing any license to a child welfare agency under this section to operate a child caring institution, the department of health and family services shall review the need for the additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3) operating a child caring institution. Neither the department of health and family services nor the department of corrections may make any placements to any child welfare agency where when the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

AB432-ASA2-AA1, s. 1g Section 1g. 48.60 (4) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

AB432-ASA2-AA1,2,21 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 a child caring institution operated by the child welfare agency, if the child was placed in the child welfare agency caring institution pursuant to the interstate compact on the placement of children under s. 48.988.

AB432-ASA2-AA1, s. 1m Section 1m. 48.60 (5) (a) (intro.) of the statutes is amended to read:

AB432-ASA2-AA1,3,2 48.60 (5) (a) (intro.) No later than 24 hours after the death of a child who resided in a building child caring institution operated by a child welfare agency, the child welfare agency shall report the death to the department if one of the following applies:

AB432-ASA2-AA1, s. 1p Section 1p. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 1634, is amended to read:

AB432-ASA2-AA1,3,10 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 operates a child caring institution, the child welfare agency must pay to the department a biennial fee of $110, plus a biennial fee of $16.50 per child, based on the number of children that the child welfare agency is licensed to serve in the child caring institution.

AB432-ASA2-AA1, s. 1r Section 1r. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 1635, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB432-ASA2-AA1,3,17 48.615 (1) (a) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that operates a child caring institution, 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 in the child caring institution.

AB432-ASA2-AA1, s. 1t Section 1t. 48.68 (1r) of the statutes is created to read:".

AB432-ASA2-AA1,3,19 4. Page 1, line 9: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,3,21 5. Page 2, line 1: delete "or group home" and substitute "that operates a child caring institution, or a group home,".

AB432-ASA2-AA1,3,22 6. Page 2, line 3: delete "(c) or (d)," and substitute "(d)".

AB432-ASA2-AA1,3,23 7. Page 2, line 4: delete "whichever is applicable".

AB432-ASA2-AA1,3,24 8. Page 2, line 5: delete lines 5 to 7.

AB432-ASA2-AA1,4,2 9. Page 2, line 10: delete "or group home" and substitute "that operates the child caring institution, or the group home,".

AB432-ASA2-AA1,4,3 10. Page 2, line 16: after that line insert:

AB432-ASA2-AA1,4,5 " Section 1v. 48.68 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB432-ASA2-AA1,4,9 48.68 (2) Before continuing the license of any child welfare agency or to operate a child caring institution, 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.".

AB432-ASA2-AA1,4,11 11. Page 2, line 19: delete "or group home" and substitute "or group home to operate a child caring institution, or of a group home,".

AB432-ASA2-AA1,4,13 12. Page 3, line 2: delete "welfare agency" and substitute "welfare agency caring institution".

AB432-ASA2-AA1,4,14 13. Page 3, line 9: delete " welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,4,16 14. Page 3, line 14: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,4,18 15. Page 4, line 3: delete "residential facility" and substitute "residential facility child caring institution".

AB432-ASA2-AA1,4,20 16. Page 4, line 4: delete " residential facility" and substitute "child caring institution".

AB432-ASA2-AA1,4,22 17. Page 4, line 10: delete "residential facility" and substitute "residential facility child caring institution".

AB432-ASA2-AA1,5,2 18. Page 4, line 12: delete "residential facility" and substitute "residential facility child caring institution".

AB432-ASA2-AA1,5,4 19. Page 4, line 15: delete "residential facility" and substitute "residential facility child caring institution".

AB432-ASA2-AA1,5,6 20. Page 4, line 19: delete "residential facility" and substitute "child caring institution".

AB432-ASA2-AA1,5,8 21. Page 4, line 23: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,5,9 22. Page 4, line 25: delete "residential".

AB432-ASA2-AA1,5,10 23. Page 5, line 1: delete "facility" and substitute "child caring institution".

AB432-ASA2-AA1,5,12 24. Page 5, line 15: delete "residential facility" and substitute "child caring institution".

AB432-ASA2-AA1,5,14 25. Page 5, line 18: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,5,16 26. Page 5, line 24: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,5,17 27. Page 6, line 2: delete "welfare agency" and substitute "caring institution".

AB432-ASA2-AA1,5,18 28. Page 6, line 13: after that line insert:

AB432-ASA2-AA1,5,20 " Section 6d. 48.685 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB432-ASA2-AA1,6,4 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children operate a child caring institution, to place children for adoption or to license foster homes or treatment foster homes; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); or a day care provider that is certified under s. 48.651.