AB150: Bill Text Engrossed

AB150-engrossed,896,23 2. The school district.

AB150-engrossed,896,24 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

AB150-engrossed,897,2 (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-engrossed,897,4 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-engrossed,897,5 2. The victim can be found.

AB150-engrossed,897,6 3. The victim has sent in a request card under sub. (2).

AB150-engrossed,897,9 (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-engrossed,897,16 (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-engrossed,897,19 (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.

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

AB150-engrossed,897,23 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-engrossed,897,24 (a) Receiving homes to be used for the temporary care of children.

AB150-engrossed,897,25 (b) Foster homes or treatment foster homes.

AB150-engrossed,898,1 (c) Group homes.

AB150-engrossed,898,4 (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-engrossed,898,8 (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-engrossed,898,17 (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, including secured child caring institutions; but placement of children in private or public facilities not under its jurisdiction does not terminate the supervision under s. 48.34 (4h), (4m) or (4n) 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-engrossed,898,24 (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-engrossed,899,3 (c) The department of corrections shall have the right to inspect all facilities it is using and to examine and consult with persons under its supervision under s. 48.34 (4h), (4m) or (4n) who have been placed in that facility.

AB150-engrossed,899,10 (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 under the supervision 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-engrossed,899,13 (4) Coeducational programs and institutions. The department of corrections may institute and maintain coeducational programs and institutions under this chapter.

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

AB150-engrossed,899,21 48.558 Duration of control of department of corrections over delinquents. Except as provided under s. 48.538, all children adjudged delinquent who have been placed under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n) 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-engrossed, s. 2574 Section 2574. 48.559 of the statutes is created to read:

AB150-engrossed,900,4 48.559 Records of department of corrections. The department of corrections shall keep a complete record on each child under its supervision under s. 48.34 (4h), (4m) or (4n). 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 under the supervision of the department of corrections.

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

AB150-engrossed,900,17 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-engrossed, s. 2575m Section 2575m. 48.57 (1) (g) of the statutes is amended to read:

AB150-engrossed,900,21 48.57 (1) (g) Upon request of the department of health and social services or the department of corrections, to provide service for any child in the care of the department those departments.

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

AB150-engrossed,900,24 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-engrossed, s. 2578 Section 2578. 48.57 (3) (a) 3. of the statutes is amended to read:

AB150-engrossed,901,2 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-engrossed, s. 2579 Section 2579. 48.57 (3) (b) of the statutes is amended to read:

AB150-engrossed,901,6 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-engrossed, s. 2579m Section 2579m. 48.57 (4) of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,901,18 48.57 (4) A county department may provide aftercare supervision under s. 48.34 (4n) for children who are released from secured correctional facilities. If a county department intends to change its policy regarding whether the county department or the department of corrections shall provide aftercare supervision for children released from secured correctional facilities, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department of corrections stating that intent before July 1 of the year preceding the year in which the policy change will take effect.

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

AB150-engrossed,902,2 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-engrossed, s. 2583 Section 2583. 48.615 (1) (a) of the statutes is amended to read:

AB150-engrossed,902,8 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 $100, plus a biennial fee of $10 $15 per child, based on the number of children that the child welfare agency is licensed to serve.

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

AB150-engrossed,902,13 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 $210.

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

AB150-engrossed,902,21 48.625 (2) (a) Before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $75 $100, plus a biennial fee of $10 $15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to renew a license issued under sub. (1) shall pay the fee under this paragraph by the renewal date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

AB150-engrossed, s. 2588 Section 2588. 48.627 (2) (c) of the statutes is amended to read:

AB150-engrossed,903,3 48.627 (2) (c) The department shall conduct a study to determine the cost-effectiveness of purchasing insurance to provide standard homeowner's or renter's liability insurance coverage for applicants who are granted a waiver under par. (b). If the department determines that it would be cost-effective to purchase such insurance, it may purchase the insurance from the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd).

AB150-engrossed, s. 2589 Section 2589. 48.627 (2c) of the statutes is amended to read:

AB150-engrossed,903,13 48.627 (2c) The department shall determine the cost-effectiveness of purchasing private insurance that would provide coverage to foster, treatment foster and family-operated group home parents for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home. If this private insurance is cost-effective and available, the department shall purchase the insurance from the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd). If the insurance is unavailable, payment of claims for acts or omissions by or affecting a child who is placed in a foster home, a treatment foster home or a family-operated group home shall be in accordance with subs. (2m) to (3).

AB150-engrossed, s. 2590 Section 2590. 48.627 (2m) of the statutes is amended to read:

AB150-engrossed,903,21 48.627 (2m) Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd), the department shall pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for bodily injury or property damage sustained by a licensed foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family as a result of the act of a child in the foster, treatment foster or family-operated group home parent's care.

AB150-engrossed, s. 2591 Section 2591. 48.627 (2s) (intro.) of the statutes is amended to read:

AB150-engrossed,904,2 48.627 (2s) (intro.)  Within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd), the department may pay claims to the extent not covered by any other insurance and subject to the limitations specified in sub. (3), for all of the following:

AB150-engrossed, s. 2592 Section 2592. 48.627 (3) (f) of the statutes is amended to read:

AB150-engrossed,904,14 48.627 (3) (f) If the total amount of the claims approved during any calendar quarter exceeds 25% of the total funds available during the fiscal year for purposes of this subsection plus any unencumbered funds remaining from the previous quarter, the department shall prorate the available funds among the claimants with approved claims. The department shall also prorate any unencumbered funds remaining in the appropriation under s. 20.435 (6) (3) (cf) at the end of each fiscal year among the claimants whose claims were prorated during the fiscal year. Payment of a prorated amount from unencumbered funds remaining at the end of the fiscal year constitutes a complete payment of the claim for purposes of this program, but does not prohibit a foster parent or treatment foster parent from submitting a claim under s. 16.007 for the unpaid portion.

AB150-engrossed, s. 2593 Section 2593. 48.627 (4) of the statutes is amended to read:

AB150-engrossed,904,21 48.627 (4) Except as provided in s. 895.485, the department is not liable for any act or omission by or affecting a child who is placed in a foster home, treatment foster home or family-operated group home, but shall, as provided in this section, pay claims described under sub. (2m) and may pay claims described under sub. (2s) or may purchase insurance to cover such claims as provided for under sub. (2c), within the limits of the appropriations under s. 20.435 (6) (3) (cf) and (7) (pd).

AB150-engrossed, s. 2594 Section 2594. 48.63 (1) of the statutes is amended to read:

AB150-engrossed,905,12 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and social services, the department of corrections, a county department or a child welfare agency licensed to place children in foster homes or treatment foster homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under ss. 48.34 and 48.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

AB150-engrossed, s. 2595 Section 2595. 48.64 (1) of the statutes is amended to read:

AB150-engrossed,905,17 48.64 (1) Definition. In this section, "agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency authorized to place children in foster homes or treatment foster homes.

AB150-engrossed, s. 2598 Section 2598. 48.65 (3) (a) of the statutes is amended to read:

AB150-engrossed,906,3 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $25, plus a biennial fee of $5 $7 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to renew a license issued under sub. (1) shall pay the applicable fee under this paragraph by the renewal date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB150-engrossed, s. 2598m Section 2598m. 48.66 (1) of the statutes is amended to read:

AB150-engrossed,906,16 48.66 (1) 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. 48.48 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. The department of corrections may license a child welfare agency to hold operate a secured child caring institution for holding in secure custody children who have been adjudicated delinquent under s. 48.34 (4h) or (4m) and referred to the child welfare agency by the court or the department under the intensive residential aftercare pilot program under 1993 Wisconsin Act 377, section 9126 (3x), of corrections and to provide supervision, care and maintenance for those children.

AB150-engrossed, s. 2599 Section 2599. 48.67 of the statutes is amended to read:

AB150-engrossed,907,2 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. These rules shall be designed to protect and promote the health, safety and welfare of the children in the care of all licensees. The department shall consult with the department of industry, labor and human relations development and the department of public instruction before promulgating these rules.

AB150-engrossed, s. 2600 Section 2600. 48.677 (title) of the statutes is renumbered 46.48 (16) (title).

AB150-engrossed, s. 2601 Section 2601. 48.677 of the statutes is renumbered 46.48 (16) (a) and amended to read:

AB150-engrossed,907,18 46.48 (16) (a) A private, nonprofit organization may apply to the department for a grant from the appropriations under s. 20.435 (7) (de) and (pm) The department shall distribute not more than $37,500 in each fiscal year as grants to private, nonprofit organizations to recruit African American foster parents, including African American prospective adoptive parents, in communities that have a high percentage of African American children and a high percentage of children in out-of-home placements. The department shall review the applications submitted under this section paragraph and determine the number of grants that will be awarded, which of the applicants will receive grants and the amount of each grant. A private, nonprofit organization receiving a grant under this section paragraph shall cooperate and coordinate its activities under the grant with the county department under s. 46.215, 46.22 or 46.23 serving the area from which the private, nonprofit organization recruits African American foster parents.

AB150-engrossed, s. 2602 Section 2602. 48.68 (1) of the statutes is amended to read:

AB150-engrossed,908,8 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. In determining whether to issue 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. 48.22 (7) (b), 48.615 (1) (a) or (b), 48.625 (2) (a) or 48.65 (3) (a), the department shall issue a license under s. 48.66 (1) or, if applicable, a probationary license under s. 48.69. 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. 49.19 (12) 48.62 (4), including payment amounts, eligibility requirements for supplemental payments and the procedures for applying for supplemental payments.

AB150-engrossed, s. 2605 Section 2605. 48.715 (3) (intro.) of the statutes is amended to read:

AB150-engrossed,908,16 48.715 (3) (intro.) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 48.70 (1) or rule promulgated by the department under s. 48.67 or who fails to comply with an order issued under sub. (2) by the time specified in the order:

AB150-engrossed, s. 2606 Section 2606. 48.715 (3) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,908,20 48.715 (3) (a) (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $50 $1,000. All of the following apply to a forfeiture under this paragraph:

AB150-engrossed, s. 2607 Section 2607. 48.715 (3) (a) 1. of the statutes is amended to read:

AB150-engrossed,909,2 48.715 (3) (a) 1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. As part of the order, the The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).

AB150-engrossed, s. 2610 Section 2610. 48.78 (1) of the statutes is amended to read:

AB150-engrossed,909,7 48.78 (1) In this section, unless otherwise qualified, "agency" means the department of health and social services, the department of corrections, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.

AB150-engrossed, s. 2611 Section 2611. 48.78 (2) (c) of the statutes is amended to read:

AB150-engrossed,909,12 48.78 (2) (c) Paragraph (a) does not prohibit the department of health and social services or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.

AB150-engrossed, s. 2611m Section 2611m. 48.78 (2) (d) (intro.) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,909,21 48.78 (2) (d) (intro.) Paragraph (a) does not prohibit the department of health and social services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of the that department under s. 48.34 (4m), 1993 stats., or formerly under the supervision of the that department or county department under s. 48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:

AB150-engrossed, s. 2611q Section 2611q. 48.78 (2) (d) 4m. of the statutes is created to read:

AB150-engrossed,909,24 48.78 (2) (d) 4m. On community supervision to the department of corrections under s. 973.095.

AB150-engrossed, s. 2612p Section 2612p. 48.78 (2) (e) of the statutes is amended to read:

AB150-engrossed,910,7 48.78 (2) (e) Paragraph (a) does not prohibit the department of health and social services corrections from disclosing information about an individual adjudged delinquent under s. 48.31 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB150-engrossed, s. 2613 Section 2613. 48.78 (2) (f) of the statutes is created to read: