AB130: Bill Text

Under current law, municipal courts generally have concurrent jurisdiction with juvenile courts in proceedings against juveniles 12 years of age or older for violations of municipal ordinances. This bill makes various changes relating to the authority of juvenile courts and municipal courts over juveniles who violate municipal ordinances.

Under current law, a juvenile court may order a juvenile who has violated a municipal ordinance to participate in a supervised work program administered by the county department or by a community agency approved by the juvenile court judge (supervised work program). This bill permits a municipal court to order a juvenile who has violated a municipal ordinance to participate in a supervised work program. The bill also permits both a juvenile court and a municipal court to order a juvenile to participate in community service work other than through a supervised work program.

Under current law, a juvenile court may order a juvenile who has committed a violation relating to the use or abuse of alcohol or a controlled substance, including an underage drinking or drug paraphernalia violation, to submit to an alcohol or other drug abuse (AODA) assessment and to participate in an outpatient AODA treatment or education program at the expense of the juvenile's parents or their health insurer or, if payment cannot be obtained from those sources, at the expense of the county department. This bill permits a municipal court to order a juvenile to submit to an AODA assessment and to participate in an outpatient AODA treatment or education program, subject to the same payment provisions as for a juvenile ordered to receive AODA services by a juvenile court except that the municipality rather than the county pays for the services if payment cannot be obtained from the parent or insurer.

Under current law, a juvenile court or a municipal court may suspend the operating privilege (driver's license) of a juvenile who has failed to pay a forfeiture ordered by the juvenile court or municipal court for not less than 30 days nor more than 90 days or until the forfeiture is paid. This bill permits a juvenile court or municipal court to suspend the driver's license of a juvenile who fails to pay a forfeiture for up to 5 years or until the forfeiture is paid.

Under current law, a juvenile court may impose various sanctions on a juvenile who has been adjudged delinquent and who has violated a condition of the juvenile's dispositional order. This bill permits a juvenile court or a municipal court to impose sanctions on a juvenile who has violated a civil law or municipal ordinance and who has violated a condition of his or her dispositional order, except that a juvenile court or municipal court may not impose secure detention on such a juvenile as a sanction.

Notification of release

Current law requires DHSS or DOC, prior to the release of a juvenile from a secured correctional facility or the placement of the juvenile in the community under the corrective sanctions program or the youthful offender program, to notify the law enforcement agencies, school district and county departments of human services, social services, community programs and developmental disabilities services of the community in which the juvenile will reside of the juvenile's return to the community. Current law also requires notification of the victim of the act for which the juvenile was adjudicated delinquent if the victim requests notification and if the act for which the juvenile was adjudicated delinquent, if committed by an adult, would have been punishable as a crime against another person.

This bill requires DHSS, DOC or a county department having supervision or legal custody over a juvenile to notify the local agencies listed above of a juvenile's release from a secured correctional facility or a secured child caring institution and of the juvenile's release from the supervision of DHSS or the county department or from the legal custody of DOC. The bill also eliminates the precondition to victim notification of a juvenile's release that the act committed by the juvenile be punishable as a crime against another person if committed by an adult. Accordingly, under the bill, DHSS, DOC or a county department must provide notice of a juvenile's release to the victim of any delinquent act if the victim so requests. The bill also provides guidelines for DHSS, DOC and county departments to determine which community to notify, specifies the information about the juvenile that DHSS, DOC and county departments may disclose and exempts the disclosure of that information under those circumstances from the law regarding confidentiality of juvenile records.

Intensive supervision program

Under current law, the juvenile court may order a juvenile who has been adjudicated delinquent to participate in an intensive supervision program consisting of intensive surveillance and community-based treatment services for participants in the program. Under the intensive supervision program, a juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility for not more than 72 hours as a sanction for violating a condition of the juvenile's participation in the program. If the juvenile is held for longer than 72 hours, the juvenile is entitled to a hearing to determine whether the juvenile should continue to be held in custody. This bill permits a juvenile's caseworker, without a hearing, to take a juvenile into custody and place the juvenile in a place of nonsecure custody for not more than 30 days as a sanction or for crisis intervention.

Psychotropic medication

Under current law, a juvenile's parent or guardian must consent before the juvenile may be administered psychotropic medication. This bill permits DHSS or a county department having correctional supervision over a juvenile 14 years of age or over who is not placed in his or her own home and who wishes to be administered psychotropic medication to petition the juvenile court in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile if the consent of the juvenile's parent or guardian cannot be obtained. The juvenile court must grant that permission if it determines: 1) that the parent or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found; 2) that the juvenile is 14 years of age or over, is competent to consent to the administration of psychotropic medication and voluntarily consents to that administration; and 3) based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.

Youthful offender program and corrective sanctions program

Under current law, effective December 1, 1995, DOC operates a youthful offender program for juveniles who have been ordered by the juvenile court to participate in that program. Under the program, DOC must provide a participant with an array of component phases, including placement in a secured correctional facility, intensive or other field supervision, electronic monitoring, alcohol or other drug abuse treatment, mental health treatment, community service, restitution and other programs. Under current law, DHSS operates a corrective sanctions program for juveniles who have been placed in a secured correctional facility and who have been selected to participate in the program. Under the program, DHSS places a juvenile in the community, provides intensive surveillance of the juvenile and purchases community-based treatment services for the juvenile. This bill requires DOC to operate the community-based component phases of the youthful offender program and DHSS to operate the corrective sanctions program as a secured correctional facility. The bill defines the community-based component phases of the youthful offender program and the corrective sanctions program as "Type 2 secured correctional facilities" and all other secured correctional facilities as "Type 1 secured correctional facilities".

Under current law, if a youthful offender program participant violates a condition of his or her participation in the program while placed in the community, DOC may, without a hearing, take the juvenile into custody and return the juvenile to a placement in a secured correctional facility or, if the juvenile is 18 years of age or over, to a state prison. Under current law, if a corrective sanctions program participant violates a condition of his or her placement in the community, DHSS may, without a hearing take the juvenile into custody and return the juvenile to a placement in a secured correctional facility for not more than 72 hours as a sanction for the violation. If the juvenile is held for longer than 72 hours, the juvenile is entitled to a hearing. Under the bill, a juvenile who violates a condition of his or her participation in the youthful offender program or corrective sanctions program while placed in a Type 2 secured correctional facility may, without a hearing, be returned to a Type 1 secured correctional facility or, if the juvenile is a youthful offender program participant and is 17 years of age or over, a Type 1 prison. The bill also eliminates the hearing requirement for a juvenile in the corrective sanctions program who is returned to a Type 1 secured correctional facility for longer than 72 hours and permits DHSS to place in a secure detention facility a juvenile who has violated a condition of his or her placement in the corrective sanctions program.

The bill also lowers the age of eligibility for participation in the youthful offender program from 16 years of age to 15 years of age.

Reimbursement of counties

Current law provides a sum sufficient appropriation to DOC from which DOC pays claims made by counties in which state prisons are located for reimbursement of expenses growing out of court proceedings involving prisoners. This bill provides a sum sufficient appropriation to DHSS from which to pay claims made by counties in which juvenile secured correctional facilities are located for reimbursement of expenses growing out of court proceedings involving juveniles placed in juvenile secured correctional facilities. The bill also provides for state reimbursement of expenses incurred by counties in which juvenile secured correctional facilities are located for holding in secure custody those juveniles while those proceedings are pending.

Under current law, if certain criteria are met, a juvenile who has been taken into custody may be held in a secure detention facility. Also under current law, a juvenile who has been adjudged delinquent and who has violated a condition of his or her dispositional order may be placed in a secure detention facility for not more than 10 days as a sanction for that violation and must be provided with educational programming during the period of placement. This bill requires the school district in which a child resides to reimburse the county for the cost of providing educational programming for the juvenile while the juvenile is placed in a secure detention facility.

Juvenile classification system

The bill requires DHSS to make available to all counties a juvenile classification system for assessing the risks and needs of juvenile offenders and for integrating the risks and needs of a juvenile offender with other factors to determine an appropriate placement and level of services for a juvenile offender. A county may use the juvenile classification system, at the time of an intake inquiry, to determine whether to close a case, enter into deferred prosecution or refer the case to the district attorney; at the time of disposition, to recommend a placement and plan of rehabilitation for a juvenile; and, after disposition, to determine the level or intensity of supervisory contacts required for a juvenile under county supervision.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB130, s. 1 Section 1. 16.51 (7) of the statutes is amended to read:

AB130,25,2 16.51 (7) (title) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections or the department of health and social services, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts as that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

AB130, s. 2 Section 2. 17.10 (6) (b) 1. of the statutes is amended to read:

AB130,25,5 17.10 (6) (b) 1. Disposition staff and intake workers appointed to provide services under ch. chs. 48 and 938.

AB130, s. 3 Section 3. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB130,25,12 19.35 (1) (am) 2. c. Endanger the security of any state correctional institution, as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 48.02 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

AB130, s. 4 Section 4. 20.410 (1) (am) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB130,25,16 20.410 (1) (am) Youthful offender program. The amounts in the schedule to administer the youthful offender program under s. 48.537 938.537.

AB130, s. 5 Section 5. 20.410 (1) (c) of the statutes is amended to read:

AB130,25,20 20.410 (1) (c) (title) Reimbursement claims of counties containing state institutions prisons. A sum sufficient to pay all valid claims made by county clerks of counties containing certain state institutions prisons as provided in s. 16.51 (7).

AB130, s. 6 Section 6. 20.410 (1) (hx) of the statutes is amended to read:

AB130,26,2 20.410 (1) (hx) Extended jurisdiction services. The amounts in the schedule for services to persons younger than 19 years old placed with the department under s. 48.366 938.183 (2) or 938.366 (8). All moneys received in payment for services provided by the department specified in s. 46.26 (4) (d) 1m. and all moneys transferred under s. 46.26 (4) (cm) 2. shall be credited to this appropriation.

AB130, s. 7 Section 7. 20.435 (3) (au) of the statutes is amended to read:

AB130,26,5 20.435 (3) (au) Intensive aftercare program. The amounts in the schedule for the intensive aftercare program under s. 48.536 938.536.

AB130, s. 8 Section 8. 20.435 (3) (bg) of the statutes is amended to read:

AB130,26,8 20.435 (3) (bg) Intensive supervision grants. The amounts in the schedule for intensive supervision grants under s. 48.534 938.534 (3).

AB130, s. 9 Section 9. 20.435 (3) (c) of the statutes is created to read:

AB130,26,13 20.435 (3) (c) Reimbursement claims of counties containing secured correctional facilities. A sum sufficient to pay all valid claims made by county clerks of counties containing state juvenile correctional institutions as provided in s. 16.51 (7).

AB130, s. 10 Section 10. 20.435 (3) (cd) of the statutes is amended to read:

AB130,27,2 20.435 (3) (cd) Community youth and family aids. The amounts in the schedule for the improvement and provision of juvenile delinquency-related services under s. 46.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 48.06 938.06 (4). Disbursements may be made from this appropriation under s. 46.03 (20). Refunds received relating to payments made under s. 46.03 (20) shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), but subject to s. 46.26 (3) (f), the department of health and social services may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 46.26 (3), all moneys from this paragraph allocated under s. 46.26 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

AB130, s. 11 Section 11. 20.435 (3) (hm) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,27,16 20.435 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho), (hr) and (k), the amounts in the schedule for juvenile correctional services specified in s. 46.26 (4) (c) and (d). All moneys transferred under s. 46.26 (4) (cm) 1., and, except as provided in par. (hr) and (k) and s. 20.410 (1) (hx), all moneys received in payment for juvenile correctional services specified in s. 46.26 (4) (d) shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement at juvenile correctional institutions operated by the department or secured child caring institutions, as defined in s. 938.02 (15g). Counties shall use the funds for purposes specified in s. 46.26.

AB130, s. 12 Section 12. 20.435 (3) (ho) of the statutes is amended to read:

AB130,28,5 20.435 (3) (ho) Juvenile residential aftercare. Under s. 46.26 (4) (e), the amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 shall be credited to this appropriation. If moneys generated by the monthly rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year. Each county shall receive a proportionate share of the remittance depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care.

AB130, s. 13 Section 13. 20.435 (3) (o) of the statutes is amended to read:

AB130,28,12 20.435 (3) (o) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children under ss. 48.48 938.48 (4) and (14) and 48.52 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.

AB130, s. 14 Section 14. 20.435 (7) (b) of the statutes is amended to read:

AB130,29,5 20.435 (7) (b) Community aids. The amounts in the schedule for human services under s. 46.40, for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.22 and 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health and social services may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under ss. 49.52 (2) (b) and 51.423 (15) from prior year audit adjustments including those resulting from audits of services under s. 46.26 or 46.27. Except for amounts authorized to be carried forward under s. 46.45, all funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and all funds allocated under s. 46.40 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

AB130, s. 15 Section 15. 38.24 (1s) of the statutes is amended to read:

AB130,29,12 38.24 (1s) Additional fees. A district board may establish and charge a fee in addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.32 (1g) (b), 48.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a).

AB130, s. 16 Section 16. 46.025 of the statutes is amended to read:

AB130,29,17 46.025 Division of youth services. The division of youth services shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 48.532 938.532 and youth aids.

AB130, s. 17 Section 17. 46.03 (1) of the statutes is amended to read:

AB130,29,22 46.03 (1) Institutions governed. Maintain and govern all secured correctional facilities, as defined in s. 48.02 938.02 (15m), that are operated by the department; the Mendota and the Winnebago mental health institutes; and the centers for the developmentally disabled.

AB130, s. 18 Section 18. 46.03 (4) (b) 1. of the statutes is amended to read:

AB130,30,10 46.03 (4) (b) 1. The department, in order to discharge more effectively its responsibilities under this chapter and ch. chs. 48 and 938 and other relevant provisions of the statutes, is authorized to study causes and methods of prevention and treatment of juvenile delinquency, mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state or private sources, and to enlist the cooperation of other appropriate agencies and state departments; it may enter into agreements with local government subdivisions, departments and agencies for the joint conduct of such projects; and it may purchase services when deemed appropriate.

AB130, s. 19 Section 19. 46.03 (6) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130,30,14 46.03 (6) (a) Except as provided in s. 48.537 938.537, execute the laws relating to the detention, reformation and correction of delinquents.

AB130, s. 20 Section 20. 46.03 (7) (a) of the statutes is amended to read:

AB130,30,24 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, delinquent children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. chs. 48 and 938 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.34 and 48.345, 938.34 and 938.345, other than services provided by the department of corrections under s. 938.34 (4g).

AB130, s. 21 Section 21. 46.03 (7) (e) of the statutes is amended to read:

AB130,31,6 46.03 (7) (e) Administer the juvenile offender review program in the division of youth services in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions operated by the department and secured child caring institutions, as defined in s. 938.02 (15g), to aftercare and corrective sanctions placements.

AB130, s. 22 Section 22. 46.03 (17) (c) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,31,16 46.03 (17) (c) To contract with public, private or voluntary agencies for the purchase of goods, care and services for youth placed under department supervision under s. 48.34 938.183 (2), 938.34 (4m) or (4n) or 48.366 938.366. Services may include, but are not limited to, diagnostic services, evaluation, treatment, counseling, referral and information, day care, inpatient hospitalization, transportation, recreation, special education, vocational training, work adjustment, sheltered employment, special living arrangements and legal and protective services.

AB130, s. 23 Section 23. 46.03 (32) of the statutes is amended to read:

AB130,31,23 46.03 (32) Reimbursement to visiting families. The department may reimburse families visiting girls at a secured correctional facility , as defined in s. 938.02 (15m), that is operated by the department or a secured child caring institution, as defined in s. 938.02 (15g). If the department decides to provide the reimbursement, it shall establish criteria for the level of reimbursement, which shall include family income and size and other relevant factors.

AB130, s. 24 Section 24. 46.041 (1) (a) of the statutes is amended to read:

AB130,32,6 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. chs. 48 and 938, the institutions and services under the jurisdiction of the department, university of Wisconsin hospital and clinics, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.

AB130, s. 25 Section 25. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB130,32,20 46.049 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed in a secured correctional facility under s. 48.34 938.183 (2) or 938.34 (4m). All laws pertaining to the care of children received under s. 48.34 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.52 938.52.

AB130, s. 26 Section 26. 46.10 (1) of the statutes is amended to read:

AB130,33,2 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB130, s. 27 Section 27. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479 and 481, is amended to read:

AB130,34,8 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4m), 938.357 (4) and (5) (e), 938.366, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB130, s. 28 Section 28. 46.10 (14) (b) of the statutes is amended to read:

AB130,34,18 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).

AB130, s. 29 Section 29. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:

AB130,35,3 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB130, s. 30 Section 30. 46.206 (1) (b) of the statutes is amended to read:

AB130,35,12 46.206 (1) (b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB130, s. 31 Section 31. 46.21 (2) (a) of the statutes is amended to read:

AB130,35,23 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under ch. chs. 48 and 938 and as provided in s. ss. 48.06 (1) and 938.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.

AB130, s. 32 Section 32. 46.215 (1) (h) of the statutes is amended to read:

AB130,36,4 46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57 and juvenile welfare services under s. 938.57, to accept custody and guardianship of children upon the order of a competent court and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85.

AB130, s. 33 Section 33. 46.22 (1) (c) 1. b. of the statutes is amended to read: