Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,145,20 " Section 1130m. 48.20 (8) of the statutes is amended to read:

AB133-ASA1-AA2,146,17 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

AB133-ASA1-AA2, s. 1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read:

AB133-ASA1-AA2,146,24 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-AA2, s. 1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB133-ASA1-AA2,147,12 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB133-ASA1-AA2, s. 1130t Section 1130t. 48.23 (2) (b) of the statutes is created to read:

AB133-ASA1-AA2,147,22 48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the child outside the home even though the parent was not represented by counsel.

AB133-ASA1-AA2, s. 1130v Section 1130v. 48.23 (3) of the statutes is amended to read:

AB133-ASA1-AA2,148,3 48.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 48.13, at At any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.

AB133-ASA1-AA2, s. 1130x Section 1130x. 48.23 (4) of the statutes is amended to read:

AB133-ASA1-AA2,149,2 48.23 (4) Providing counsel. In any situation under this section in which a person child has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person child to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person child who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.".

AB133-ASA1-AA2,149,3 456. Page 646, line 3: after that line insert:

AB133-ASA1-AA2,149,4 " Section 1131m. 48.27 (4) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,149,6 48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-ASA1-AA2,149,7 457. Page 647, line 21: after that line insert:

AB133-ASA1-AA2,149,8 " Section 1132d. 48.48 (9) of the statutes is amended to read:

AB133-ASA1-AA2,149,11 48.48 (9) To license foster homes or treatment foster homes as provided in s. 48.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.

AB133-ASA1-AA2, s. 1133d Section 1133d. 48.48 (9m) of the statutes is amended to read:

AB133-ASA1-AA2,149,13 48.48 (9m) To license shelter care facilities as provided in s. 48.66 (1) (a).

AB133-ASA1-AA2, s. 1134d Section 1134d. 48.48 (10) of the statutes is amended to read:

AB133-ASA1-AA2,149,16 48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).".

AB133-ASA1-AA2,149,17 458. Page 647, line 21: after that line insert:

AB133-ASA1-AA2,149,18 " Section 1134h. 48.48 (17) (a) 10. of the statutes is amended to read:

AB133-ASA1-AA2,149,20 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), (3o) and (3p).".

AB133-ASA1-AA2,149,21 459. Page 648, line 18: after that line insert:

AB133-ASA1-AA2,149,23 " Section 1138r. 48.551 (2) (a) of the statutes is renumbered 48.55 (2) (a) and amended to read:

AB133-ASA1-AA2,150,5 48.55 (2) (a) Training persons who provide counseling to adolescents including school counselors, county or department employes providing child welfare services under s. 48.56 or 48.561 and employes of a clinic providing family planning services, as defined in s. 253.07 (1) (b) prenatal care and delivery services or infant care, foster care or adoption services.".

AB133-ASA1-AA2,150,6 460. Page 648, line 19: on lines 19 and 20, delete "(a),".

AB133-ASA1-AA2,150,7 461. Page 650, line 5: after that line insert:

AB133-ASA1-AA2,150,8 " Section 1143dm. 48.60 (2) (d) of the statutes is amended to read:

AB133-ASA1-AA2,150,10 48.60 (2) (d) A hospital, maternity hospital, maternity home, or nursing home or tuberculosis sanatorium licensed, approved or supervised by the department;".

AB133-ASA1-AA2,150,11 462. Page 650, line 5: after that line insert:

AB133-ASA1-AA2,150,12 " Section 1145p. 48.57 (3o) of the statutes is created to read:

AB133-ASA1-AA2,150,13 48.57 (3o) (a) In this subsection:

AB133-ASA1-AA2,150,14 1. "Kinship care relative" has the meaning given in sub. (3m) (a).

AB133-ASA1-AA2,150,15 2. "Long-term kinship care relative" has the meaning given in sub. (3n) (a).

AB133-ASA1-AA2,150,23 (b) From the appropriation under s. 20.435 (3) (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 or a long-term kinship care relative who is providing care and maintenance for a person if the person meets all of the following conditions:

AB133-ASA1-AA2,150,24 1. The person is 18 years of age or over.

AB133-ASA1-AA2,151,2 2. The person is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB133-ASA1-AA2,151,6 3. The person has not been absent from that program without an acceptable excuse under ss. 118.15 and 118.16 (4) for part or all of any day on which that program is held during the month preceding the month in which a payment under this paragraph is payable.

AB133-ASA1-AA2,151,8 4. The person received funding under sub. (3m) (am) or (3n) (am) immediately prior to the person's 18th birthday.

AB133-ASA1-AA2,151,13 (c) The county department or department making payments under par. (b) shall monitor the classroom attendance of the person receiving care and maintenance under par. (b) and may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for payments under par. (b).

AB133-ASA1-AA2,151,18 (d) Subsection (3m) or (3n), whichever is applicable, and subs. (3p) and (3t) shall continue to apply to a kinship care relative, long-term kinship care relative and person receiving care and maintenance under par. (b) in the same manner as those subsections applied to those persons immediately prior to the 18th birthday of the person receiving that care and maintenance.

AB133-ASA1-AA2, s. 1145t Section 1145t. 48.57 (3t) of the statutes is amended to read:

AB133-ASA1-AA2,152,5 48.57 (3t) Notwithstanding subs. (3m), (3n), (3o) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n), (3o) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-ASA1-AA2,152,6 463. Page 651, line 25: after that line insert:

AB133-ASA1-AA2,152,8 " Section 1153d. 48.66 (1) of the statutes is renumbered 48.66 (1) (a) and amended to read:

AB133-ASA1-AA2,152,15 48.66 (1) (a) Except as provided under in s. 48.715 (6) and (7), 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. 938.22, 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.

AB133-ASA1-AA2,153,4 (b) Except as provided under in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those juveniles. The department of corrections may also license not more than 5 county departments, as defined in s. 938.02 (2g), or not more than 5 consortia of not more than 5 county departments to operate not more than 5 group homes that have been licensed under par. (a) as secured group homes, as defined in s. 938.02 (15p), for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m) and referred to the county department by the court and to provide supervision, care and maintenance for those juveniles.

AB133-ASA1-AA2,153,11 (c) A license issued under this subsection par. (a) or (b), other than a license to operate a foster home, treatment foster home or, secured child caring institution or secured group home, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or, secured child caring institution or secured group home may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection par. (a) or (b) is transferable.

AB133-ASA1-AA2, s. 1154d Section 1154d. 48.66 (2m) (a) of the statutes is amended to read:

AB133-ASA1-AA2,153,20 48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB133-ASA1-AA2, s. 1155d Section 1155d. 48.66 (2m) (am) of the statutes is amended to read:

AB133-ASA1-AA2,153,25 48.66 (2m) (am) The department of corrections shall require each applicant for a license under sub. (1) (b) to operate a secured child caring institution who is an individual to provide that department with the applicant's social security number when initially applying for or applying to renew the license.

AB133-ASA1-AA2, s. 1156d Section 1156d. 48.66 (2m) (b) of the statutes is amended to read:

AB133-ASA1-AA2,154,9 48.66 (2m) (b) The department of health and family services may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department and may not issue or continue a license under sub. (1) (a) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.

AB133-ASA1-AA2, s. 1157d Section 1157d. 48.66 (2m) (bm) of the statutes is amended to read:

AB133-ASA1-AA2,154,14 48.66 (2m) (bm) The department of corrections may not issue or renew a license under sub. (1) (b) to operate a secured child caring institution to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department.

AB133-ASA1-AA2, s. 1158d Section 1158d. 48.68 (1) of the statutes is amended to read:

AB133-ASA1-AA2,155,6 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 and meets the requirements specified in s. 48.685, if applicable. In determining whether to issue or continue 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. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a) or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). 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. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.".

AB133-ASA1-AA2,155,7 464. Page 651, line 25: after that line insert:

AB133-ASA1-AA2,155,8 " Section 1151d. 48.651 (2m) of the statutes is amended to read:

AB133-ASA1-AA2,155,11 48.651 (2m) Each county department shall provide the department with information about each person who is denied certification for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.

AB133-ASA1-AA2, s. 1159d Section 1159d. 48.685 (1) (a) of the statutes is renumbered 48.685 (1) (am).

AB133-ASA1-AA2, s. 1159g Section 1159g. 48.685 (1) (ag) of the statutes is created to read:

AB133-ASA1-AA2,155,14 48.685 (1) (ag) 1. "Caregiver" means any of the following:

AB133-ASA1-AA2,155,16 a. A person who is, or is expected to be, an employe or contractor of an entity and who has, or is expected to have, direct, regular contact with clients of the entity.

AB133-ASA1-AA2,155,18 b. A person who has, or is seeking, a license, certification or contract to operate an entity.

AB133-ASA1-AA2,155,21 2. "Caregiver" does not include a person who is certified as an emergency medical technician under s. 146.50 if the person is employed, or seeking employment, at an entity as an emergency medical technician.

AB133-ASA1-AA2, s. 1159m Section 1159m. 48.685 (1) (ar) of the statutes is created to read:

AB133-ASA1-AA2,156,3 48.685 (1) (ar) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.

AB133-ASA1-AA2, s. 1159r Section 1159r. 48.685 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,156,12 48.685 (1) (b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; 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; or a temporary employment agency that provides caregivers to another entity.".

AB133-ASA1-AA2,156,13 465. Page 652, line 4: after that line insert:

AB133-ASA1-AA2,156,14 " Section 1160e. 48.685 (1) (bm) of the statutes is created to read:

AB133-ASA1-AA2,156,17 48.685 (1) (bm) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, direct, regular contact with clients of the entity.

AB133-ASA1-AA2, s. 1160f Section 1160f. 48.685 (1) (c) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,157,3 48.685 (1) (c) "Serious crime" means a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.".

AB133-ASA1-AA2,157,4 466. Page 652, line 9: delete lines 9 to 16 and substitute:

AB133-ASA1-AA2,157,6 " Section 1161d. 48.685 (2) (a) (intro.) of the statutes is renumbered 48.685 (4m) (a) (intro.).

AB133-ASA1-AA2, s. 1161g Section 1161g. 48.685 (2) (a) 1. of the statutes is renumbered 48.685 (4m) (a) 1.

AB133-ASA1-AA2, s. 1161h Section 1161h. 48.685 (2) (a) 2. of the statutes is repealed.

AB133-ASA1-AA2, s. 1161i Section 1161i. 48.685 (2) (a) 3. of the statutes is renumbered 48.685 (4m) (a) 3.

AB133-ASA1-AA2, s. 1161j Section 1161j. 48.685 (2) (a) 4. of the statutes is renumbered 48.685 (4m) (a) 4.

AB133-ASA1-AA2, s. 1161k Section 1161k. 48.685 (2) (a) 5. of the statutes is renumbered 48.685 (4m) (a) 5.

AB133-ASA1-AA2, s. 1161m Section 1161m. 48.685 (2) (ad) of the statutes is renumbered 48.685 (4m) (ad) and amended to read:

AB133-ASA1-AA2,157,23 48.685 (4m) (ad) The department, a county department or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651 and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in par. sub. (2) (am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.

AB133-ASA1-AA2, s. 1163d Section 1163d. 48.685 (2) (ag) (intro.) of the statutes is renumbered 48.685 (4m) (b) (intro.) and amended to read: