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-AA1,2,26
46.03
(22) (a) "Community living arrangement" means any of the following
7facilities licensed or operated, or permitted under the authority of the department:
8child caring institutions operated by child welfare agencies under s. 48.60, group
9homes for children under s.
48.02 (7) 48.625 and community-based residential
10facilities under s.
50.01 50.03; but does not include adult family homes, as defined
11in s. 50.01, day care centers, nursing homes, general hospitals, special hospitals,
1prisons and jails. "Community living arrangement" also includes a youth village
2program as described in s. 118.42.
AB432-ASA2-AA1,2,135
48.60
(3) Before issuing or continuing any license to a child welfare agency
6under this section
to operate a child caring institution, the department of health and
7family services shall review the need for the additional placement resources that
8would be made available by licensing or continuing the license of any child welfare
9agency after August 5, 1973,
providing care authorized under s. 48.61 (3) operating
10a child caring institution. Neither the department of health and family services nor
11the department of corrections may make any placements to any child welfare agency
12where when the departmental review required under this subsection has failed to
13indicate the need for the additional placement resources.
AB432-ASA2-AA1, s. 1g
14Section 1g. 48.60 (4) (b) of the statutes, as affected by 1997 Wisconsin Act ....
15(Senate Bill 384), is amended to read:
AB432-ASA2-AA1,2,2116
48.60
(4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child
17welfare agency shall pay for the costs incurred by a school district in providing
18special education and related services to a child with a disability who is a resident
19of
a child caring institution operated by the child welfare agency, if the child was
20placed in the child
welfare agency caring institution pursuant to the interstate
21compact on the placement of children under s. 48.988.
AB432-ASA2-AA1,3,223
48.60
(5) (a) (intro.) No later than 24 hours after the death of a child who
24resided in a
building child caring institution operated by a child welfare agency, the
1child welfare agency shall report the death to the department if one of the following
2applies:
AB432-ASA2-AA1,3,105
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
6a child welfare agency that
regularly provides care and maintenance for children
7within the confines of its building operates a child caring institution, the child
8welfare agency must pay to the department a biennial fee of $110, plus a biennial fee
9of $16.50 per child, based on the number of children that the child welfare agency is
10licensed to serve
in the child caring institution.
AB432-ASA2-AA1,3,1713
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
14a child welfare agency that operates a child caring institution, the child welfare
15agency must pay to the department a biennial fee of $121, plus a biennial fee of
16$18.15 per child, based on the number of children that the child welfare agency is
17licensed to serve in the child caring institution.
AB432-ASA2-AA1,4,96
48.68
(2) Before continuing the license of any child welfare agency
or to operate
7a child caring institution, or of any group home, the department shall consider all
8formal complaints filed under s. 48.745 (2) and the disposition of each during the
9previous 2-year period.".
AB432-ASA2-AA1,6,421
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
2248.60 to
provide care and maintenance for children
operate a child caring institution,
23to place children for adoption or to license foster homes or treatment foster homes;
1a group home that is licensed under s. 48.625; a shelter care facility that is licensed
2under s. 938.22; a day care center that is licensed under s. 48.65 or established or
3contracted for under s. 120.13 (14); or a day care provider that is certified under s.
448.651.
AB432-ASA2-AA1,6,7
648.745 (title)
Formal complaints regarding child welfare agencies
7caring institutions and group homes.
AB432-ASA2-AA1,6,129
48.745
(1) If a complaint is received by a child welfare agency
or that operates
10a child caring institution, or by a group home, the licensee shall attempt to resolve
11the complaint informally. Failing such resolution, the licensee shall inform the
12complaining party of the procedure for filing a formal complaint under this section.
AB432-ASA2-AA1,6,2414
48.745
(2) Any individual may file a formal complaint under this section
15regarding the general operation of a child
welfare agency caring institution or group
16home and shall not be subject to reprisals for doing so. All formal complaints
17regarding child
welfare agencies caring institutions and group homes shall be filed
18with the county department on forms supplied by the county department unless the
19county department designates the department to receive formal complaints. The
20county department shall investigate or cause to be investigated each formal
21complaint. Records of the results of each investigation and the disposition of each
22formal complaint shall be kept by the county department and filed with the subunit
23of the department
which licenses child welfare agencies that licenses child caring
24institutions and group homes.
AB432-ASA2-AA1,7,5
148.745
(3) Upon receipt of a formal complaint, the county department may
2investigate the premises and records and question the licensee, staff and residents
3of the child
welfare agency caring institution or group home involved. The county
4department shall attempt to resolve the situation through negotiation and other
5appropriate means.".
AB432-ASA2-AA1,7,11
10"
Section 15m.
Effective dates. This act takes effect on the day after
11publication, except as follows:
AB432-ASA2-AA1,7,13
12(1) The repeal and recreation of section 48.615 (1) (a) of statutes takes effect
13on July 1, 1998, or on the day after publication, whichever is later.
AB432-ASA2-AA1,7,15
14(2) The treatment of section 48.685 (1) (b) of the statutes takes effect on October
151, 1998, or on the day after publication, whichever is later.".
