AB150: Bill Text

AB150, s. 2568 Section 2568. 48.553 of the statutes is created to read:

AB150,960,6 48.553 Authority of department of corrections. The department of corrections may do all of the following:

AB150,960,11 (1) Promote the enforcement of the laws relating to delinquent children and take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

AB150,960,15 (2) Accept legal custody of children transferred to it by the court under s. 48.34 (4g) and provide special treatment and care when directed by the court. A court may not direct the department of corrections to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB150,961,4 (3) Provide appropriate care and training for children in its legal custody under s. 48.34 (4g); including serving those children in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions operated by the department of corrections in accordance with rules promulgated under ch. 227, except that the department of corrections may not purchase the educational component of private day treatment programs for children in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department of corrections and the school district shall be resolved by the state superintendent of public instruction.

AB150,961,7 (5) Provide for the moral and religious training of a child in its legal custody under s. 48.34 (4g) according to the religious belief of the child or of the child's parents.

AB150,961,12 (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any child in its legal custody under s. 48.34 (4g) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the child's parent or guardian.

AB150,961,15 (7) Promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions or released to aftercare or serious juvenile offender supervision in the community.

AB150,961,21 (8) Pay maintenance, tuition and related expenses from the appropriations under s. 20.410 (1) (am) and (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were in the legal custody of the department of corrections under s. 48.34 (4g) as a result of a judicial decision.

AB150,961,22 (9) Establish and enforce standards for services provided under s. 48.34 (4g).

****Note: This is reconciled s. 48.553. This Section has been affected by drafts with the following LRB numbers: 2478/2 and 2481/3.

AB150, s. 2569 Section 2569. 48.554 of the statutes is created to read:

AB150,962,7 48.554 Notification by court of transfer to department of corrections; information for department. (1) When the court transfers legal custody of a child to the department of corrections, the court shall immediately notify the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

AB150,962,12 (2) When the court transfers legal custody of a child to the department of corrections, the court and all other public agencies shall also immediately transfer to the department of corrections a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB150, s. 2570 Section 2570. 48.555 of the statutes is created to read:

AB150,962,24 48.555 Examination of children in legal custody of department of corrections. (1) The department of corrections shall examine every child whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and an evaluation to determine whether the child is eligible for serious juvenile offender supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

AB150,963,3 (2) In making this examination the department of corrections may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the child.

****Note: This is reconciled s. 48.555. This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2571 Section 2571. 48.556 of the statutes is created to read:

AB150,963,8 48.556 Notification by department of corrections of release of child from correctional custody. (1) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the serious juvenile offender program, the department of corrections shall:

AB150,963,10 (a) Notify all of the following local agencies in the community in which the child will reside of the child's return to the community:

AB150,963,11 1. The law enforcement agencies.

AB150,963,12 2. The school district.

AB150,963,13 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

AB150,963,15 (b) Notify any known victim of an act for which the child has been found delinquent of the child's release, if all of the following apply:

AB150,963,17 1. The commission of the act by the child is an act which, if committed by an adult, would have been punishable as a crime against another person.

AB150,963,18 2. The victim can be found.

AB150,963,19 3. The victim has sent in a request card under sub. (2).

AB150,963,22 (c) Notify, if the criteria in par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian if the victim died as a result of the crime.

AB150,964,7 (2) The department of corrections shall design and prepare cards for victims specified in sub. (1) (b) and (c) to send to that department. The cards shall have space for these persons to provide their names and addresses and any other information that the department of corrections determines is necessary. The department of corrections shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to victims specified in sub. (1) (b) and (c). These persons may send completed cards to the department of corrections.

AB150,964,10 (3) Timely release of a child shall not be prejudiced by the fact that the department did not notify the victims or the local agencies under sub. (1) within the 15 days.

****Note: This is reconciled s. 48.556. This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2572 Section 2572. 48.557 of the statutes is created to read:

AB150,964,14 48.557 Facilities for care of children in care of department of corrections. (1) Facilities maintained or used for children. The department of corrections may maintain or use the following facilities for children in its care:

AB150,964,15 (a) Receiving homes to be used for the temporary care of children.

AB150,964,16 (b) Foster homes or treatment foster homes.

AB150,964,17 (c) Group homes.

AB150,964,20 (d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of children 12 years of age or older who have been adjudged delinquent.

AB150,965,2 (f) Other facilities deemed by the department of corrections to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

AB150,965,11 (2) Use of other facilities. (a) In addition to the facilities and services described in sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care; but placement of children in private or public facilities not under its jurisdiction does not terminate the legal custody of the department of corrections. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5) and 48.63 and ch. 51.

AB150,965,18 (b) Public facilities are required to accept and care for persons placed with them by the department of corrections in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department of corrections inconsistently with its functions or with the laws and regulations governing their activities; or to give the department of corrections authority to use any private facility without its consent.

AB150,965,21 (c) The department of corrections shall have the right to inspect all facilities it is using and to examine and consult with persons in its legal custody under s. 48.34 (4g) who have been placed in that facility.

AB150,966,3 (3) Federal reimbursement. The department of corrections shall report to the department of health and social services in a manner specified by the department of health and social services on all children in the legal custody of the department of corrections who are placed by that department in a facility specified in sub. (1) or (2) so that the department of health and social services may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a with respect to those children.

AB150,966,6 (4) Coeducational programs and institutions. The department of corrections may institute and maintain coeducational programs and institutions under this chapter.

AB150, s. 2573 Section 2573. 48.558 of the statutes is created to read:

AB150,966,14 48.558 Duration of control of department of corrections over delinquents. Except as provided under s. 48.537, all children adjudged delinquent who have been placed in the legal custody of the department of corrections under s. 48.34 (4g) shall be discharged as soon as the department of corrections determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the child or for the protection of the public that the department of corrections retain supervision.

AB150, s. 2574 Section 2574. 48.559 of the statutes is created to read:

AB150,966,21 48.559 Records of department of corrections. The department of corrections shall keep a complete record on each child in its legal custody under s. 48.34 (4g). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child, and a complete history of all placements of the child while in the legal custody of the department of corrections.

AB150, s. 2575 Section 2575. 48.57 (1) (c) of the statutes is amended to read:

AB150,967,9 48.57 (1) (c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent department of public instruction education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent department of public instruction education.

AB150, s. 2576 Section 2576. 48.57 (1) (hm) of the statutes is amended to read:

AB150,967,16 48.57 (1) (hm) If a county department in a county with a population of less than 500,000 and licensed by the department to do so, to accept guardianship of children, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under s. 48.63 and to place children that child under its guardianship for adoption by the foster parent or treatment foster parent.

AB150, s. 2577 Section 2577. 48.57 (3) (a) (intro.) of the statutes is amended to read:

AB150,967,19 48.57 (3) (a) (intro.) From the reimbursement received under s. 49.52 (1) (d) 46.495 (1) (d), counties may provide funding for the maintenance of any child who:

AB150, s. 2578 Section 2578. 48.57 (3) (a) 3. of the statutes is amended to read:

AB150,967,22 48.57 (3) (a) 3. Received funding under s. 49.52 (1) (d) 46.495 (1) (d) immediately prior to his or her 18th birthday; and

AB150, s. 2579 Section 2579. 48.57 (3) (b) of the statutes is amended to read:

AB150,968,3 48.57 (3) (b) The funding provided for the maintenance of a child under par. (a) shall be in an amount equal to that to which the child would receive under s. 49.52 (1) (d) 46.495 (1) (d) if the child were 17 years of age.

AB150, s. 2580 Section 2580. 48.60 (1) of the statutes is amended to read:

AB150,968,13 48.60 (1) No person may receive children, with or without transfer of legal custody, to provide care and maintenance for 75 days in any consecutive 12 months' period for 4 or more such children at any one time unless that person obtains a license to operate a child welfare agency from the department. To obtain a license under this subsection to operate a child welfare agency, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150, s. 2581 Section 2581. 48.60 (1m) of the statutes is created to read:

AB150,968,17 48.60 (1m) (a) Before applying for initial licensure or license renewal, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,969,2 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,969,4 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,969,5 1. The person's name.

AB150,969,6 2. The person's social security number.

AB150,969,8 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,969,17 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,969,19 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.60 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2582 Section 2582. 48.60 (3) of the statutes is amended to read:

AB150,970,5 48.60 (3) Before issuing any license to a child welfare agency under this section, the department of health and social services shall review the need for the additional placement resources that would be made available by the licensing or relicensing of any child welfare agency after August 5, 1973, providing care authorized under s. 48.61 (3). The department may not Neither the department of health and social services nor the department of corrections may make any placements to any child welfare agency where the departmental review required under this subsection has failed to indicate the need for the additional placement resources.

AB150, s. 2583 Section 2583. 48.615 (1) (a) of the statutes is amended to read:

AB150,970,11 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, the child welfare agency must pay to the department a biennial fee of $75 $180, plus a biennial fee of $10 $24 per child, based on the number of children that the child welfare agency is licensed to serve.

AB150, s. 2584 Section 2584. 48.615 (1) (b) of the statutes is amended to read:

AB150,970,16 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes and licensed group homes, the child welfare agency must pay to the department a biennial fee of $200 $220.

AB150, s. 2585 Section 2585. 48.625 (1) of the statutes is amended to read:

AB150,970,25 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67, conduct the background investigations specified in sub. (1m) and pay the license fee under sub. (2). A license issued under this subsection is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB150, s. 2586 Section 2586. 48.625 (1m) of the statutes is created to read:

AB150,971,4 48.625 (1m) (a) Before applying for initial licensure or license renewal, the applicant, with the assistance of the department of justice, shall conduct a background investigation of each employe or prospective employe of the applicant.

AB150,971,13 (b) If the person being investigated under par. (a) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the applicant determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the applicant shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB150,971,15 (c) Upon request, a person being investigated under par. (a) shall provide the applicant with all of the following information:

AB150,971,16 1. The person's name.

AB150,971,17 2. The person's social security number.

AB150,971,19 3. Other identifying information, including the person's birthdate, sex, race and any identifying physical characteristics.

AB150,972,3 (d) An applicant may employ a person conditioned on the receipt of a satisfactory background investigation. An applicant may not employ any person who has been convicted of a violation of ch. 161 that is punishable as a felony, who has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.632, 939.64, 939.641 or 939.645 or who has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, except that an applicant may employ a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 if that violation occurred 20 years or more before the date of the investigation.

AB150,972,5 (e) An applicant shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation.

****Note: This is reconciled s. 48.625 (1m). This Section has been affected by drafts with the following LRB numbers: 2160/3 and 2556/2.

AB150, s. 2587 Section 2587. 48.625 (2) (a) of the statutes is amended to read: