AB133-ASA1-AA2,143,11 11443. Page 570, line 4: after that line insert:
AB133-ASA1-AA2,143,12 12" Section 1045c. 46.27 (7) (cj) 3. e. of the statutes is amended to read:
AB133-ASA1-AA2,143,1713 46.27 (7) (cj) 3. e. The county department or aging unit determines that
14placement in the community-based residential facility is cost-effective compared to
15other options, including home care and nursing home care. In making that
16determination, the county shall consider all state and federal funds needed for all
17options considered.
AB133-ASA1-AA2, s. 1045d 18Section 1045d. 46.27 (7) (ck) 1. of the statutes is amended to read:
AB133-ASA1-AA2,143,2419 46.27 (7) (ck) 1. Subject to the approval of the department, and except as
20provided in sub. (3) (f),
a county may establish and implement more restrictive
21conditions than those imposed under par. (cj) on the use of funds received under par.
22(b) for the provision of services to a person in a community-based residential facility.
23A county that establishes more restrictive conditions under this subdivision shall
24include the conditions in its community options plan under sub. (3) (cm).
AB133-ASA1-AA2, s. 1045e
1Section 1045e. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,144,52 46.27 (7) (cm) 1. (intro.) Beginning on January 1, 1996, no county, private
3nonprofit agency or aging unit may use funds received under par. (b) to provide
4services in any community-based residential facility that has more than 8 20 beds,
5unless one of the following applies:
AB133-ASA1-AA2, s. 1045f 6Section 1045f. 46.27 (7) (cm) 1. c. of the statutes is repealed.".
AB133-ASA1-AA2,144,7 7444. Page 574, line 8: after that line insert:
AB133-ASA1-AA2,144,8 8" Section 1056r. 46.27 (11) (c) 5q. of the statutes is created to read:
AB133-ASA1-AA2,144,129 46.27 (11) (c) 5q. No county department or aging unit may deny services to a
10person under subd. 5n. who refused to have an assessment completed as required
11under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts
12date].".
AB133-ASA1-AA2,144,18 13445. Page 574, line 23: delete "whether or not the person is a private pay
14admittee at the time of admission." and substitute "whether or not the person is a
15private pay admittee at the time of admission.
except that a person seeking
16admission or about to be admitted on a private pay basis may waive the assessment,
17unless the person will be eligible for medical assistance within 6 months of
18assessment.
".
AB133-ASA1-AA2,144,24 19446. Page 576, line 3: delete "whether or not the person is a private pay
20admittee at the time of admission." and substitute "whether or not the person is a
21private pay admittee at the time of admission.
except that a person seeking
22admission or about to be admitted on a private pay basis may waive the assessment,
23unless the person will be eligible for medical assistance within 6 months of
24assessment.
".
AB133-ASA1-AA2,145,5
1447. Page 594, line 9: after "supervision." insert "A resource center need not
2provide a financial screen for a person seeking admission or about to be admitted on
3a private pay basis who waives the requirement for a financial screen under this
4paragraph, unless the person will be eligible for medical assistance within 6 months
5after performance of the financial screen.".
AB133-ASA1-AA2,145,6 6448. Page 595, line 8: delete ", 253.07 (3) (c)".
AB133-ASA1-AA2,145,7 7449. Page 603, line 18: delete ", 253.07 (3) (c)".
AB133-ASA1-AA2,145,8 8450. Page 620, line 16: delete ", 253.07 (3) (c)".
AB133-ASA1-AA2,145,9 9451. Page 622, line 7: delete lines 7 to 14.
AB133-ASA1-AA2,145,11 10452. Page 623, line 3: delete "$1,877,000 for each" and substitute " $1,877,000
11for each
".
AB133-ASA1-AA2,145,13 12453. Page 623, line 4: delete "fiscal year" and substitute "fiscal year
13$1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01".
AB133-ASA1-AA2,145,14 14454. Page 645, line 22: after that line insert:
AB133-ASA1-AA2,145,15 15" Section 1131d. 48.02 (17) of the statutes is amended to read:
AB133-ASA1-AA2,145,1816 48.02 (17) "Shelter care facility" means a nonsecure place of temporary care
17and physical custody for children, including a holdover room, licensed by the
18department under s. 48.66 (1) (a).".
AB133-ASA1-AA2,145,19 19455. Page 645, line 22: after that line insert:
AB133-ASA1-AA2,145,20 20" Section 1130m. 48.20 (8) of the statutes is amended to read:
AB133-ASA1-AA2,146,1721 48.20 (8) If a child is held in custody, the intake worker shall notify the child's
22parent, guardian and legal custodian of the reasons for holding the child in custody
23and of the child's whereabouts unless there is reason to believe that notice would

1present imminent danger to the child. The parent, guardian and legal custodian
2shall also be notified of the time and place of the detention hearing required under
3s. 48.21, the nature and possible consequences of that hearing, the right to counsel
4under s. 48.23 regardless of ability to pay
and the right to present and cross-examine
5witnesses at the hearing. If the parent, guardian or legal custodian is not
6immediately available, the intake worker or another person designated by the court
7shall provide notice as soon as possible. When the child is 12 years of age or older,
8the child shall receive the same notice about the detention hearing as the parent,
9guardian or legal custodian. The intake worker shall notify both the child and the
10child's parent, guardian or legal custodian. When the child is an expectant mother
11who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child,
12through the unborn child's guardian ad litem, shall receive the same notice about the
13whereabouts of the child expectant mother, about the reasons for holding the child
14expectant mother in custody and about the detention hearing as the child expectant
15mother and her parent, guardian or legal custodian. The intake worker shall notify
16the child expectant mother, her parent, guardian or legal custodian and the unborn
17child, by the unborn child's guardian ad litem.
AB133-ASA1-AA2, s. 1130p 18Section 1130p. 48.21 (3) (d) of the statutes is amended to read:
AB133-ASA1-AA2,146,2419 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian
20or legal custodian shall be informed by the court of the allegations that have been
21made or may be made, the nature and possible consequences of this hearing as
22compared to possible future hearings, the right to counsel under s. 48.23 regardless
23of ability to pay,
the right to confront and cross-examine witnesses and the right to
24present witnesses.
AB133-ASA1-AA2, s. 1130r
1Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and
2amended to read:
AB133-ASA1-AA2,147,123 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services
4under s. 48.13 or is
the subject of a proceeding involving a contested adoption or the
5involuntary termination of parental rights, any parent under 18 years of age who
6appears before the court shall be represented by counsel; but no such parent may
7waive counsel. A minor parent petitioning for the voluntary termination of parental
8rights shall be represented by a guardian ad litem. If a proceeding involves a
9contested adoption or the involuntary termination of parental rights, any parent 18
10years old or older who appears before the court shall be represented by counsel; but
11the parent may waive counsel provided the court is satisfied such waiver is
12knowingly and voluntarily made.
AB133-ASA1-AA2, s. 1130t 13Section 1130t. 48.23 (2) (b) of the statutes is created to read:
AB133-ASA1-AA2,147,2214 48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed
15outside his or her home unless the nonpetitioning parent is represented by counsel
16at the fact-finding hearing and subsequent proceedings. If the petition is not
17contested, the child may not be placed outside his or her home unless the
18nonpetitioning parent is represented by counsel at the hearing at which the
19placement is made. A parent who is required under this paragraph to be represented
20by counsel may, however, waive counsel if the court is satisfied that such waiver is
21knowingly and voluntarily made, and the court may place the child outside the home
22even though the parent was not represented by counsel.
AB133-ASA1-AA2, s. 1130v 23Section 1130v. 48.23 (3) of the statutes is amended to read:
AB133-ASA1-AA2,148,324 48.23 (3) Power of the court to appoint counsel. Except in proceedings under
25s. 48.13, at
At any time, upon request or on its own motion, the court may appoint

1counsel for the child or any party, unless the child or the party has or wishes to retain
2counsel of his or her own choosing. The court may not appoint counsel for any party
3other than the child in a proceeding under s. 48.13.
AB133-ASA1-AA2, s. 1130x 4Section 1130x. 48.23 (4) of the statutes is amended to read:
AB133-ASA1-AA2,149,25 48.23 (4) Providing counsel. In any situation under this section in which a
6person child has a right to be represented by counsel or is provided counsel at the
7discretion of the court and counsel is not knowingly and voluntarily waived, the court
8shall refer the person child to the state public defender and counsel shall be
9appointed by the state public defender under s. 977.08 without a determination of
10indigency. If the referral is of a person child who has filed a petition under s. 48.375
11(7), the state public defender shall appoint counsel within 24 hours after that
12referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue
13to represent the child in any appeal brought under s. 809.105 unless the child
14requests substitution of counsel or extenuating circumstances make it impossible for
15counsel to continue to represent the child. In any situation under sub. (2) or (2m) in
16which a parent 18 years of age or over or an adult expectant mother is entitled to
17representation by counsel; counsel is not knowingly and voluntarily waived; and it
18appears that the parent or adult expectant mother is unable to afford counsel in full,
19or the parent or adult expectant mother so indicates; the court shall refer the parent
20or adult expectant mother to the authority for indigency determinations specified
21under s. 977.07 (1). In any other situation under this section in which a person has
22a right to be represented by counsel or is provided counsel at the discretion of the
23court, competent and independent counsel shall be provided and reimbursed in any
24manner suitable to the court regardless of the person's ability to pay, except that the

1court may not order a person who files a petition under s. 813.122 or 813.125 to
2reimburse counsel for the child who is named as the respondent in that petition.".
AB133-ASA1-AA2,149,3 3456. Page 646, line 3: after that line insert:
AB133-ASA1-AA2,149,4 4" Section 1131m. 48.27 (4) (a) 2. of the statutes is amended to read:
AB133-ASA1-AA2,149,65 48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her
6right to legal counsel regardless of ability to pay.".
AB133-ASA1-AA2,149,7 7457. Page 647, line 21: after that line insert:
AB133-ASA1-AA2,149,8 8" Section 1132d. 48.48 (9) of the statutes is amended to read:
AB133-ASA1-AA2,149,119 48.48 (9) To license foster homes or treatment foster homes as provided in s.
1048.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if
11requested to do so, for the use of county departments.
AB133-ASA1-AA2, s. 1133d 12Section 1133d. 48.48 (9m) of the statutes is amended to read:
AB133-ASA1-AA2,149,1313 48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).
AB133-ASA1-AA2, s. 1134d 14Section 1134d. 48.48 (10) of the statutes is amended to read:
AB133-ASA1-AA2,149,1615 48.48 (10) To license child welfare agencies and day care centers as provided
16in s. 48.66 (1) (a).".
AB133-ASA1-AA2,149,17 17458. Page 647, line 21: after that line insert:
AB133-ASA1-AA2,149,18 18" Section 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:
AB133-ASA1-AA2,149,2019 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as
20provided in s. 48.57 (3m), (3n), (3o) and (3p).".
AB133-ASA1-AA2,149,21 21459. Page 648, line 18: after that line insert:
AB133-ASA1-AA2,149,23 22" Section 1138r. 48.551 (2) (a) of the statutes is renumbered 48.55 (2) (a) and
23amended to read:
AB133-ASA1-AA2,150,5
148.55 (2) (a) Training persons who provide counseling to adolescents including
2school counselors, county or department employes providing child welfare services
3under s. 48.56 or 48.561 and employes of a clinic providing family planning services,
4as defined in s. 253.07 (1) (b)
prenatal care and delivery services or infant care, foster
5care or adoption services
.".
AB133-ASA1-AA2,150,6 6460. Page 648, line 19: on lines 19 and 20, delete "(a),".
AB133-ASA1-AA2,150,7 7461. Page 650, line 5: after that line insert:
AB133-ASA1-AA2,150,8 8" Section 1143dm. 48.60 (2) (d) of the statutes is amended to read:
AB133-ASA1-AA2,150,109 48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home
10or tuberculosis sanatorium licensed, approved or supervised by the department;".
AB133-ASA1-AA2,150,11 11462. Page 650, line 5: after that line insert:
AB133-ASA1-AA2,150,12 12" Section 1145p. 48.57 (3o) of the statutes is created to read:
AB133-ASA1-AA2,150,1313 48.57 (3o) (a) In this subsection:
AB133-ASA1-AA2,150,1414 1. "Kinship care relative" has the meaning given in sub. (3m) (a).
AB133-ASA1-AA2,150,1515 2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).
AB133-ASA1-AA2,150,2316 (b) From the appropriation under s. 20.435 (3) (kc), the department shall
17reimburse counties having populations of less than 500,000 for payments made
18under this subsection and shall make payments under this subsection in a county
19having a population of 500,000 or more. A county department and, in a county
20having a population of 500,000 or more, the department shall make payments in the
21amount of $215 per month to a kinship care relative or a long-term kinship care
22relative who is providing care and maintenance for a person if the person meets all
23of the following conditions:
AB133-ASA1-AA2,150,2424 1. The person is 18 years of age or over.
AB133-ASA1-AA2,151,2
12. The person is enrolled in and regularly attending a secondary education
2classroom program leading to a high school diploma.
AB133-ASA1-AA2,151,63 3. The person has not been absent from that program without an acceptable
4excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program
5is held during the month preceding the month in which a payment under this
6paragraph is payable.
AB133-ASA1-AA2,151,87 4. The person received funding under sub. (3m) (am) or (3n) (am) immediately
8prior to the person's 18th birthday.
AB133-ASA1-AA2,151,139 (c) The county department or department making payments under par. (b)
10shall monitor the classroom attendance of the person receiving care and
11maintenance under par. (b) and may require consent to the release of school
12attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments
13under par. (b).
AB133-ASA1-AA2,151,1814 (d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t)
15shall continue to apply to a kinship care relative, long-term kinship care relative and
16person receiving care and maintenance under par. (b) in the same manner as those
17subsections applied to those persons immediately prior to the 18th birthday of the
18person receiving that care and maintenance.
AB133-ASA1-AA2, s. 1145t 19Section 1145t. 48.57 (3t) of the statutes is amended to read:
AB133-ASA1-AA2,152,520 48.57 (3t) Notwithstanding subs. (3m), (3n), (3o) and (3p), the department may
21enter into an agreement with the governing body of a federally recognized American
22Indian tribe or band to allow that governing body to administer the program under
23subs. (3m), (3n), (3o) and (3p) within the boundaries of that reservation. Any
24agreement under this subsection relating to the administration of the program under
25sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h)

12. may be filed and the person who has been designated by the governing body to
2conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p)
3(h) 4. Any agreement under this subsection relating to the administration of the
4program under sub. (3n) shall specify who is to make any determination as to
5whether a conviction record is satisfactory.".
AB133-ASA1-AA2,152,6 6463. Page 651, line 25: after that line insert:
AB133-ASA1-AA2,152,8 7" Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and
8amended to read:
AB133-ASA1-AA2,152,159 48.66 (1) (a) Except as provided under in s. 48.715 (6) and (7), the department
10shall license and supervise child welfare agencies, as required by s. 48.60, group
11homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and
12day care centers, as required by s. 48.65. The department may license foster homes
13or treatment foster homes, as provided by s. 48.62, and may license and supervise
14county departments in accordance with the procedures specified in this section and
15in ss. 48.67 to 48.74.
AB133-ASA1-AA2,153,4 16(b) Except as provided under in s. 48.715 (6), the department of corrections may
17license a child welfare agency to operate a secured child caring institution, as defined
18in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted
19under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or
20(4m) and referred to the child welfare agency by the court or the department of
21corrections and to provide supervision, care and maintenance for those juveniles.
22The department of corrections may also license not more than 5 county departments,
23as defined in s. 938.02 (2g), or not more than 5 consortia of not more than 5 county
24departments to operate not more than 5 group homes that have been licensed under

1par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure
2custody juveniles who have been convicted under s. 938.183 or adjudicated
3delinquent under s. 938.183 or 938.34 (4m) and referred to the county department
4by the court and to provide supervision, care and maintenance for those juveniles.
AB133-ASA1-AA2,153,11 5(c) A license issued under this subsection par. (a) or (b), other than a license to
6operate a foster home, treatment foster home or, secured child caring institution or
7secured group home
, is valid until revoked or suspended. A license issued under this
8subsection to operate a foster home, treatment foster home or, secured child caring
9institution or secured group home may be for any term not to exceed 2 years from the
10date of issuance. No license issued under this subsection par. (a) or (b) is
11transferable.
AB133-ASA1-AA2, s. 1154d 12Section 1154d. 48.66 (2m) (a) of the statutes is amended to read:
AB133-ASA1-AA2,153,2013 48.66 (2m) (a) The department of health and family services shall require each
14applicant for a license under sub. (1) (a) to operate a child welfare agency, group
15home, shelter care facility or day care center who is an individual to provide that
16department with the applicant's social security number, and shall require each
17applicant for a license under sub. (1) (a) to operate a child welfare agency, group
18home, shelter care facility or day care center who is not an individual to provide that
19department with the applicant's federal employer identification number, when
20initially applying for or applying to continue the license.
AB133-ASA1-AA2, s. 1155d 21Section 1155d. 48.66 (2m) (am) of the statutes is amended to read:
AB133-ASA1-AA2,153,2522 48.66 (2m) (am) The department of corrections shall require each applicant for
23a license under sub. (1) (b) to operate a secured child caring institution who is an
24individual to provide that department with the applicant's social security number
25when initially applying for or applying to renew the license.
AB133-ASA1-AA2, s. 1156d
1Section 1156d. 48.66 (2m) (b) of the statutes is amended to read:
AB133-ASA1-AA2,154,92 48.66 (2m) (b) The department of health and family services may not issue or
3continue a license under sub. (1) (a) to operate a child welfare agency, group home,
4shelter care facility or day care center to or for an applicant who is an individual
5unless the applicant has provided the applicant's social security number to that
6department and may not issue or continue a license under sub. (1) (a) to operate a
7child welfare agency, group home, shelter care facility or day care center to or for an
8applicant who is not an individual unless the applicant has provided the applicant's
9federal employer identification number to that department.
AB133-ASA1-AA2, s. 1157d 10Section 1157d. 48.66 (2m) (bm) of the statutes is amended to read:
AB133-ASA1-AA2,154,1411 48.66 (2m) (bm) The department of corrections may not issue or renew a license
12under sub. (1) (b) to operate a secured child caring institution to or for an applicant
13who is an individual unless the applicant has provided the applicant's social security
14number to that department.
AB133-ASA1-AA2, s. 1158d 15Section 1158d. 48.68 (1) of the statutes is amended to read:
AB133-ASA1-AA2,155,616 48.68 (1) After receipt of an application for a license, the department shall
17investigate to determine if the applicant meets the minimum requirements for a
18license adopted by the department under s. 48.67 and meets the requirements
19specified in s. 48.685, if applicable. In determining whether to issue or continue a
20license, the department may consider any action by the applicant, or by an employe
21of the applicant, that constitutes a substantial failure by the applicant or employe
22to protect and promote the health, safety and welfare of a child. Upon satisfactory
23completion of this investigation and payment of the fee required under s. 48.615 (1)
24(a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a
25license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69

1or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial
2licensure and license renewal, the department shall provide a foster home licensee
3with written information relating to the age-related monthly foster care rates and
4supplemental payments specified in s. 48.62 (4), including payment amounts,
5eligibility requirements for supplemental payments and the procedures for applying
6for supplemental payments.".
AB133-ASA1-AA2,155,7 7464. Page 651, line 25: after that line insert:
AB133-ASA1-AA2,155,8 8" Section 1151d. 48.651 (2m) of the statutes is amended to read:
AB133-ASA1-AA2,155,119 48.651 (2m) Each county department shall provide the department with
10information about each person who is denied certification for a reason specified in
11s. 48.685 (2) (4m) (a) 1. to 5.
AB133-ASA1-AA2, s. 1159d 12Section 1159d. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (am).
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