AB100, s. 1546
13Section
1546. 46.997 (4) of the statutes is amended to read:
AB100,705,1714
46.997
(4) Prior to making grants to applying organizations under sub. (2), the
15department board shall consider whether and how the applying organization
16proposes to coordinate its services with other public or private resources, programs
17or activities in the region and the state.
AB100, s. 1547
18Section
1547. 46.997 (5) of the statutes is amended to read:
AB100,705,2219
46.997
(5) The
department board shall work closely with the women's council
20and the department of
education public instruction, on a continuing basis,
21concerning the scope and direction of activities under projects funded by the program
22under sub. (2).
AB100, s. 1548
23Section
1548. 47.03 (9) of the statutes is renumbered 46.294 and amended to
24read:
AB100,706,9
146.294 (title)
Council on blindness. The council on blindness shall make
2recommendations to the department and to any other state agency concerning
3procedures, policies, services, activities, programs, investigations and research that
4affect any problem of blind or visually impaired persons. The department shall
5consult with the council concerning its programs that affect blind or visually
6impaired persons; the council may initiate consultations with the department. Upon
7request
, the department shall provide information to the council relating to matters
8concerning blind or visually impaired persons, but only information of a summary
9or statistical nature.
AB100, s. 1549
10Section
1549. 47.03 (11) (e) of the statutes is amended to read:
AB100,706,1411
47.03
(11) (e) The department shall distribute at least $218,600 from the
12appropriations in s. 20.445 (5) (bm) and (na) in each fiscal year for homecraft services
13relating to the marketing and distribution of homecraft products
and to the purchase
14of capital equipment for each client who participates in the homecraft program.
AB100, s. 1550
15Section
1550. 48.02 (2g) of the statutes is amended to read:
AB100,706,1716
48.02
(2g) "County department" means a county department under s.
46.215, 1746.22 or 46.23, unless the context requires otherwise.
AB100, s. 1551
18Section
1551. 48.02 (13) of the statutes is amended to read:
AB100,706,2419
48.02
(13) "Parent" means either a biological parent, a husband who has
20consented to the artificial insemination of his wife under s. 891.40, or a parent by
21adoption. If the child is a nonmarital child who is not adopted or whose parents do
22not subsequently intermarry under s. 767.60, "parent" includes a person
adjudged
23in a judicial proceeding adjudicated or acknowledged to be the biological father.
24"Parent" does not include any person whose parental rights have been terminated.
AB100, s. 1552
25Section
1552. 48.06 (1) (a) 1. of the statutes is amended to read:
AB100,707,16
148.06
(1) (a) 1. In counties with a population of 500,000 or more, the
county
2board of supervisors department shall provide the court with the services necessary
3for investigating and supervising
child welfare cases
by operating a children's court
4center under the supervision of a director who is appointed as provided in s. 46.21
5(1m) (a). The director is the chief administrative officer of the center and of the intake
6and probation sections and secure detention facilities of the center except as
7otherwise provided in this subsection. The director under this chapter. The
8department is charged with
providing child welfare intake and dispositional services
9and with administration of the personnel and services of the
child welfare intake and
10dispositional sections
and of the secure detention facilities, and is responsible for
11supervising both the operation of the physical plant and the maintenance and
12improvement of the buildings and grounds of the center. The
center department 13shall include investigative services for all children alleged to be in need of protection
14or services to be provided by the
county department
, and the services of an assistant
15district attorney or assistant corporation counsel or both, who shall be assigned to
16the center to provide investigative as well as legal work in the cases.
AB100, s. 1553
17Section
1553. 48.06 (1) (a) 2. of the statutes is amended to read:
AB100,707,2418
48.06
(1) (a) 2. The chief judge of the judicial administrative district shall
19formulate written judicial policy governing intake and court services for
juvenile 20child welfare matters
under this chapter and the
director department shall be
21charged with executing the judicial policy. The chief judge shall direct and supervise
22the work of all personnel of the court, except the work of the district attorney or
23corporation counsel assigned to the court. The chief judge may delegate his or her
24supervisory functions under s. 48.065 (1).
AB100, s. 1554
25Section
1554. 48.06 (1) (a) 3. of the statutes is amended to read:
AB100,708,22
148.06
(1) (a) 3.
The county board of supervisors shall develop policies and
2establish necessary rules for the management and administration of the nonjudicial
3operations of the children's court center. The director of the center shall report and
4is responsible to the director of the county department for the execution of all
5nonjudicial operational policies and rules governing the center, including activities
6of probation officers whenever they are not performing services for the court. The
7director of the center is also responsible for the preparation and submission to the
8county board of supervisors of the annual budget for the center except for the judicial
9functions or responsibilities which are delegated by law to the judge or judges and
10clerk of circuit court. The county board of supervisors shall make provision in the
11organization of the office of director for the devolution of the director's authority in
12the case of temporary absence, illness, disability to act or a vacancy in position and
13shall establish the general qualifications for the position. The county board of
14supervisors also has the authority to investigate, arbitrate and resolve any conflict
15in the administration of the center as between judicial and nonjudicial operational
16policy and rules. The county board of supervisors does not have authority and may
17not assert jurisdiction over the disposition of any case or child after a written order
18is made under s. 48.21 or if a petition is filed under s. 48.25.
All personnel of the
19intake and probation sections and of the secure detention facilities shall be appointed
20under civil service by the director except that existing court service personnel having
21permanent civil service status may be reassigned to any of the respective sections
22within the center specified in this paragraph.
AB100, s. 1555
23Section
1555. 48.06 (1) (am) 1. of the statutes is amended to read:
AB100,709,524
48.06
(1) (am) 1. All intake workers
beginning providing services under this
25chapter who begin employment after May 15, 1980, shall have the qualifications
1required to perform entry level social work in a county department and shall have
2successfully completed 30 hours of intake training approved or provided by the
3department prior to the completion of the first 6 months of employment in the
4position. The department shall monitor compliance with this subdivision according
5to rules promulgated by the department.
AB100, s. 1556
6Section
1556. 48.06 (1) (am) 2. of the statutes is amended to read:
AB100,709,97
48.06
(1) (am) 2. The department shall make training programs available
8annually that permit intake workers
who provide services under this chapter to
9satisfy the requirements specified under subd. 1.
AB100, s. 1557
10Section
1557. 48.06 (1) (am) 3. of the statutes is amended to read:
AB100,709,1511
48.06
(1) (am) 3. Each intake worker
providing services under this chapter 12whose responsibilities include investigation or treatment of child abuse or neglect
13shall successfully complete additional training in child abuse and neglect protective
14services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
15of the additional training may be applied to the requirement under subd. 1.
AB100, s. 1558
16Section
1558. 48.06 (1) (b) of the statutes is repealed.
AB100, s. 1559
17Section
1559. 48.06 (2) (b) 1. of the statutes is amended to read:
AB100,709,2418
48.06
(2) (b) 1. All intake workers
beginning providing services under this
19chapter who begin employment after May 15, 1980, shall have the qualifications
20required to perform entry level social work in a county department and shall have
21successfully completed 30 hours of intake training approved or provided by the
22department prior to the completion of the first 6 months of employment in the
23position. The department shall monitor compliance with this paragraph according
24to rules promulgated by the department.
AB100, s. 1560
25Section
1560. 48.06 (2) (b) 2. of the statutes is amended to read:
AB100,710,3
148.06
(2) (b) 2. The department shall make training programs available
2annually that permit intake workers
who provide services under this chapter to
3satisfy the requirements specified under subd. 1.
AB100, s. 1561
4Section
1561. 48.06 (2) (c) of the statutes is amended to read:
AB100,710,95
48.06
(2) (c) Each intake worker
providing services under this chapter whose
6responsibilities include investigation or treatment of child abuse or neglect shall
7successfully complete additional training in child abuse and neglect protective
8services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
9of the additional training may be applied to the requirement under par. (b).
AB100, s. 1562
10Section
1562. 48.06 (3) of the statutes is amended to read:
AB100,710,1511
48.06
(3) Intake services. The court
or, the department in a county having a
12population of 500,000 or more or the county department responsible for providing
13intake services under s. 48.067 shall specify one or more persons to provide intake
14services. If there is more than one such worker, one of the workers shall be
15designated as chief worker and shall supervise other workers.
AB100, s. 1563
16Section
1563. 48.069 (1) (intro.) of the statutes is amended to read:
AB100,710,2117
48.069
(1) (intro.) The staff of the department, the court, a county department
18or a licensed child welfare agency designated by the court to carry out the objectives
19and provisions of this chapter
, or, in a county having a population of 500,000 or more,
20the department or an agency under contract with the department to provide
21dispositional services, shall:
AB100, s. 1564
22Section
1564. 48.069 (2) of the statutes is amended to read:
AB100,711,323
48.069
(2) Licensed Except in a county having a population of 500,000 or more,
24licensed child welfare agencies and the department shall provide services under this
25section only upon the approval of the agency from whom services are requested.
In
1a county having a population of 500,000 or more, the department or, with the
2approval of the department, a licensed child welfare agency shall provide services
3under this section.
AB100, s. 1565
4Section
1565. 48.069 (3) of the statutes is amended to read:
AB100,711,85
48.069
(3) A court or county department responsible for disposition staff
or, in
6a county having a population of 500,000 or more, the department may agree with the
7court or county department responsible for providing intake services that the
8disposition staff may be designated to provide some or all of the intake services.
AB100, s. 1566
9Section
1566. 48.07 (3) of the statutes is amended to read:
AB100,711,1610
48.07
(3) (title)
County The department in populous counties. In counties
11having a population of 500,000 or more, the
director of the county department may
12be ordered by the court to provide services for furnishing emergency shelter care to
13any child whose need therefor is determined by the intake worker under s. 48.205.
14The court may authorize the
director department to appoint members of the
county 15department to furnish emergency shelter care services for the child. The emergency
16shelter care may be provided as specified in s. 48.207.
AB100, s. 1567
17Section
1567. 48.207 (2) of the statutes is amended to read:
AB100,712,218
48.207
(2) If a facility listed in sub. (1) (b) to (k) is used to hold children in
19custody, or if supervisory services of a home detention program are provided to
20children held under sub. (1) (a), its authorized rate
shall be paid by the county for the
21care of the child
shall be paid by the county in a county having a population of less
22than 500,000 or by the department in a county having a population of 500,000 or
23more. If no authorized rate has been established, a reasonable sum to be fixed by the
24court shall be paid by the county
in a county having a population of less than 500,000
1or by the department in a county having a population of 500,000 or more for the
2supervision or care of the child.
AB100, s. 1568
3Section
1568. 48.275 (2) (d) of the statutes is renumbered 48.275 (2) (d) 1. and
4amended to read:
AB100,712,125
48.275
(2) (d) 1.
Reimbursement In a county having a population of less than
6500,000, reimbursement payments shall be made to the clerk of courts of the county
7where the proceedings took place. Each payment shall be transmitted to the county
8treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the
9county treasury and transmit the remainder to the state treasurer. Payments
10transmitted to the state treasurer shall be deposited in the general fund and credited
11to the appropriation account under s. 20.550 (1) (L). The county treasurer shall
12deposit 100% of the amount paid for county-provided counsel in the county treasury.
AB100, s. 1569
13Section
1569. 48.275 (2) (d) 2. of the statutes is created to read:
AB100,712,1914
48.275
(2) (d) 2. In a county having a population of 500,000 or more,
15reimbursement payments shall be made to the clerk of courts of the county where the
16proceedings took place. Each payment shall be transmitted to the state treasurer,
17who shall deposit the amount paid in the general fund and credit 25% of the amount
18paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the
19appropriation account under s. 20.550 (1) (L).
AB100, s. 1570
20Section
1570. 48.295 (1) of the statutes is amended to read:
AB100,713,1421
48.295
(1) After the filing of a petition and upon a finding by the court that
22reasonable cause exists to warrant an examination or an alcohol and other drug
23abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
24may order any child coming within its jurisdiction to be examined as an outpatient
25by personnel in an approved treatment facility for alcohol and other drug abuse, by
1a physician, psychiatrist or licensed psychologist, or by another expert appointed by
2the court holding at least a master's degree in social work or another related field of
3child development, in order that the child's physical, psychological, alcohol or other
4drug dependency, mental or developmental condition may be considered. The court
5may also order an examination or an alcohol and other drug abuse assessment that
6conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
7custodian whose ability to care for a child is at issue before the court. The court shall
8hear any objections by the child, the child's parents, guardian or legal custodian to
9the request for such an examination or assessment before ordering the examination
10or assessment. The expenses of an examination, if approved by the court, shall be
11paid by the county of the court ordering the examination
in a county having a
12population of less than 500,000 or by the department in a county having a population
13of 500,000 or more. The payment for an alcohol and other drug abuse assessment
14shall be in accordance with s. 48.361.
AB100, s. 1571
15Section
1571. 48.33 (4) (b) of the statutes is amended to read:
AB100,713,1816
48.33
(4) (b) A recommendation for an amount of child support to be paid by
17either or both of the child's parents or for referral to the county
designee child support
18agency under s. 59.53 (5) for the establishment of child support.
AB100, s. 1572
19Section
1572. 48.345 (4) (b) of the statutes is amended to read:
AB100,713,2120
48.345
(4) (b)
A The county department
in a county having a population of less
21than 500,000.
AB100, s. 1573
22Section
1573. 48.345 (4) (bm) of the statutes is created to read:
AB100,713,2423
48.345
(4) (bm) The department in a county having a population of 500,000 or
24more.
AB100, s. 1574
25Section
1574. 48.345 (11) of the statutes is repealed.
AB100, s. 1575
1Section
1575. 48.345 (12) (b) of the statutes is amended to read:
AB100,714,62
48.345
(12) (b) The judge shall order the school board to disclose the child's
3pupil records, as defined under s. 118.125 (1) (d), to the county department
,
4department, in a county having a population of 500,000 or more, or licensed child
5welfare agency responsible for supervising the child, as necessary to determine the
6child's compliance with the order under par. (a).
AB100, s. 1576
7Section
1576. 48.345 (12) (c) of the statutes is amended to read:
AB100,714,138
48.345
(12) (c) The judge shall order the county department
, department, in
9a county having a population of 500,000 or more, or licensed child welfare agency
10responsible for supervising the child to disclose to the school board, technical college
11district board or private, nonprofit, nonsectarian agency which is providing an
12educational program under par. (a) 3. records or information about the child, as
13necessary to assure the provision of appropriate educational services under par. (a).
AB100, s. 1577
14Section
1577. 48.345 (13) (a) of the statutes is amended to read:
AB100,715,215
48.345
(13) (a) If the report prepared under s. 48.33 (1) recommends that the
16child is in need of treatment for the use or abuse of alcohol beverages, controlled
17substances or controlled substance analogs and its medical, personal, family or social
18effects, the court may order the child to enter an outpatient alcohol and other drug
19abuse treatment program at an approved treatment facility. The approved
20treatment facility shall, under the terms of a service agreement between the
county
21and the approved treatment facility
and the county in a county having a population
22of less than 500,000 or the department in a county having a population of 500,000
23or more, or with the written informed consent of the child or the child's parent if the
24child has not attained the age of 12, report to the agency primarily responsible for
1providing services to the child as to whether the child is cooperating with the
2treatment and whether the treatment appears to be effective.
AB100, s. 1578
3Section
1578. 48.345 (13) (b) of the statutes is amended to read:
AB100,715,144
48.345
(13) (b) If the report prepared under s. 48.33 (1) recommends that the
5child is in need of education relating to the use of alcohol beverages, controlled
6substances or controlled substance analogs, the court may order the child to
7participate in an alcohol or other drug abuse education program approved by the
8court. The person or agency that provides the education program shall, under the
9terms of a service agreement between the
county and the education program
and the
10county in a county having a population of less than 500,000 or the department in a
11county having a population of 500,000 or more, or with the written informed consent
12of the child or the child's parent if the child has not attained the age of 12, report to
13the agency primarily responsible for providing services to the child about the child's
14attendance at the program.
AB100, s. 1579
15Section
1579. 48.355 (2) (b) 4. of the statutes is amended to read:
AB100,715,2016
48.355
(2) (b) 4. If the child is placed outside the child's home, a designation of
17the amount of support, if any, to be paid by the child's parent, guardian or trustee,
18specifying that the support obligation begins on the date of the placement, or a
19referral to the county
designee child support agency under s. 59.53 (5) for
20establishment of child support.
AB100, s. 1580
21Section
1580. 48.355 (2) (b) 6. of the statutes is amended to read:
AB100,716,522
48.355
(2) (b) 6. If the child is placed outside the home,
the court's a finding that
23continued placement of the child in his or her home would be contrary to the welfare
24of the child and a finding as to whether
a the county department
which provides
25social services, the department, in a county having a population of 500,000 or more,
1or the agency primarily responsible for the provision of services under a court order
2has made reasonable efforts to prevent the removal of the child from the home or, if
3applicable, that the agency primarily responsible for the provision of services under
4a court order has made reasonable efforts to make it possible for the child to return
5to his or her home.
AB100, s. 1581
6Section
1581. 48.355 (2) (c) of the statutes is amended to read:
AB100,716,127
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
8the order shall specify what constitutes a violation of the condition and shall direct
9the school board of the school district in which the child is enrolled to notify the
10county department that is responsible for supervising the child
or, in a county having
11a population of 500,000 or more, the department within 5 days after any violation of
12the condition by the child.
AB100, s. 1582
13Section
1582. 48.355 (2c) (a) (intro.) of the statutes is amended to read:
AB100,716,1914
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
15whether
a the county department
which provides social services, the department, in
16a county having a population of 500,000 or more, or the agency primarily responsible
17for providing services to the child under a court order has made reasonable efforts
18to prevent the removal of the child from his or her home, the court's consideration of
19reasonable efforts shall include, but not be limited to, whether:
AB100, s. 1583
20Section
1583. 48.36 (1) (a) of the statutes is amended to read:
AB100,717,821
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
22court otherwise designates an alternative placement for the child by a disposition
23made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
24parent or guardian or, in the case of a transfer of guardianship and custody under
25s. 48.839 (4), the duty of the former guardian to provide support shall continue even
1though the legal custodian or the placement designee may provide the support. A
2copy of the order transferring custody or designating alternative placement for the
3child shall be submitted to the agency or person receiving custody or placement and
4the agency or person may apply to the court for an order to compel the parent or
5guardian to provide the support. Support payments for residential services, when
6purchased or otherwise funded or provided by the department or a county
7department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
8s. 46.10 (14).
AB100, s. 1584
9Section
1584. 48.36 (1) (b) of the statutes is amended to read:
AB100,717,1910
48.36
(1) (b) In determining the amount of support under par. (a), the court may
11consider all relevant financial information or other information relevant to the
12parent's earning capacity, including information reported
under s. 49.22 (2m) to the
13department of industry, labor and job development
, or the county child
and spousal 14support agency
, under s.
49.22 (2m)
59.53 (5). If the court has insufficient
15information with which to determine the amount of support, the court shall order the
16child's parent to furnish a statement of income, assets, debts and living expenses, if
17the parent has not already done so, to the court within 10 days after the court's order
18transferring custody or designating an alternative placement is entered or at such
19other time as ordered by the court.
AB100, s. 1585
20Section
1585. 48.36 (2) of the statutes is amended to read:
AB100,718,321
48.36
(2) If a child whose legal custody has not been taken from a parent or
22guardian is given educational and social services, or medical, psychological or
23psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
24shall be a charge upon the county
in a county having a population of less than 500,000
25or the department in a county having a population of 500,000 or more. This section
1does not prevent recovery of reasonable contribution toward the costs from the
2parent or guardian of the child as the court may order based on the ability of the
3parent or guardian to pay. This subsection shall be subject to s. 46.03 (18).
AB100, s. 1586
4Section
1586. 48.36 (3) of the statutes is amended to read:
AB100,718,65
48.36
(3) In determining county
or departmental liability, this section does not
6apply to services specified in ch. 115.
AB100, s. 1587
7Section
1587. 48.365 (2g) (a) of the statutes is amended to read:
AB100,718,128
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
9providing services to the child shall file with the court a written report stating to
10what extent the dispositional order has been meeting the objectives of the plan for
11the child's rehabilitation or care and treatment.
The juvenile offender review
12program may file a written report regarding any child examined by the program.
AB100, s. 1588
13Section
1588. 48.366 (8) of the statutes is amended to read:
AB100,718,2514
48.366
(8) Transfer to or between facilities. The department of corrections
15may transfer a person subject to an order between secured correctional facilities.
16After the person attains the age of 17 years, the department of corrections may place
17the person in a state prison named in s. 302.01.
If the person is 15 years of age or
18over, the department of corrections may transfer the person to the Racine youthful
19offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If
20the department of corrections places a person subject to an order under this section
21in a state prison, that department shall provide services for that person from the
22appropriate appropriation under s. 20.410 (1). The department of corrections may
23transfer a person placed in a state prison under this subsection to or between state
24prisons named in s. 302.01 without petitioning for revision of the order under sub.
25(5) (a).
AB100, s. 1589
1Section
1589. 48.38 (5) (am) of the statutes is amended to read:
AB100,719,92
48.38
(5) (am) The court may appoint an independent agency to designate a
3panel to conduct a permanency plan review under par. (a). If the court
in a county
4having a population of less than 500,000 appoints an independent agency under this
5paragraph, the county department of the county of the court shall authorize and
6contract for the purchase of services from the independent agency.
If the court in a
7county having a population of 500,000 or more appoints an independent agency
8under this paragraph, the department shall authorize and contract for the purchase
9of services from the independent agency.
AB100, s. 1590
10Section
1590. 48.396 (2) (dm) of the statutes is amended to read:
AB100,719,2111
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
12affecting the family, an attorney responsible for support enforcement under s.
59.458
13(1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the
14party's attorney or the guardian ad litem for the child who is the subject of that
15proceeding to review or be provided with information from the records of the court
16assigned to exercise jurisdiction under this chapter and ch. 938 relating to the
17paternity of a child for the purpose of determining the paternity of the child or for the
18purpose of rebutting the presumption of paternity under s. 891.405 or 891.41
(1), the
19court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
20inspection by the requester its records relating to the paternity of the child or disclose
21to the requester those records.