AB100, s. 1600
3Section
1600. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act
4.... (this act), is amended to read:
AB100,725,75
48.561
(3) (a) A county having a population of 500,000 or more shall contribute
6$24,365,900 $48,731,700 in
each state fiscal year
1997-98 for the provision of child
7welfare services in that county by the department.
AB100, s. 1601
8Section
1601. 48.57 (title) of the statutes is amended to read:
AB100,725,10
948.57 (title)
Powers and duties of department and county departments
10providing child welfare services.
AB100, s. 1602
11Section
1602. 48.57 (1) (intro.) of the statutes is amended to read:
AB100,725,1712
48.57
(1) (intro.) Each county department shall administer and expend such
13amounts as may be necessary out of any moneys which may be appropriated for child
14welfare purposes by the county board of supervisors or
by the legislature, which may
15be donated by individuals or private organizations
. It or which may be otherwise
16provided. The department shall have the authority specified in s. 48.48 (17). A
17county department shall have
the authority:
AB100, s. 1603
18Section
1603. 48.57 (1) (c) of the statutes is amended to read:
AB100,726,519
48.57
(1) (c) To provide appropriate protection and services for children in its
20care, including providing services for children and their families in their own homes,
21placing the children in licensed foster homes, licensed treatment foster homes or
22licensed group homes in this state or another state within a reasonable proximity to
23the agency with legal custody or contracting for services for them by licensed child
24welfare agencies, except that the county department shall not purchase the
25educational component of private day treatment programs unless the county
1department, the school board as defined in s. 115.001 (7) and the
department of
2education state superintendent of public instruction all determine that an
3appropriate public education program is not available. Disputes between the county
4department and the school district shall be resolved by the
department of education 5state superintendent of public instruction.
AB100, s. 1604
6Section
1604. 48.57 (1) (e) of the statutes is amended to read:
AB100,726,117
48.57
(1) (e) If a county department in a county with a population of 500,000
8or more
and if contracted to do so by the department, to place children in a county
9children's home in the county under policies adopted by the county board of
10supervisors, to accept guardianship of children when appointed by the court and to
11place children under its guardianship for adoption.
AB100,726,1814
48.57
(3m) (am) (intro.) From the
appropriations appropriation under s. 20.435
15(7) (b) and (o) (3) (kc), the department shall reimburse counties for payments made
16under this subsection. A county department shall make payments in the amount of
17$215 per month to a kinship care relative who is providing care and maintenance for
18a child if all of the following conditions are met:
AB100, s. 1606
19Section
1606. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997
20Wisconsin Act .... (this act), is repealed and recreated to read:
AB100,727,221
48.57
(3m) (am) (intro.) From the appropriation under s. 20.435 (3) (kc), the
22department shall reimburse counties having populations of less than 500,000 for
23payments made under this subsection and shall make payments under this
24subsection in a county having a population of 500,000 or more. A county department
25and, in a county having a population of 500,000 or more, the department shall make
1payments in the amount of $215 per month to a kinship care relative who is providing
2care and maintenance for a child if all of the following conditions are met:
AB100, s. 1607
3Section
1607. 48.57 (3m) (am) 1. of the statutes is amended to read:
AB100,727,84
48.57
(3m) (am) 1. The kinship care relative applies to the county department
5or department for payments under this subsection and the county department
or
6department determines that there is a need for the child to be placed with the kinship
7care relative and that the placement with the kinship care relative is in the best
8interests of the child.
AB100, s. 1608
9Section
1608. 48.57 (3m) (am) 2. of the statutes is amended to read:
AB100,727,1310
48.57
(3m) (am) 2. The county department
or department determines that the
11child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child
12would be at risk of meeting one or more of those criteria if the child were to remain
13in his or her home.
AB100, s. 1609
14Section
1609. 48.57 (3m) (am) 4. of the statutes is amended to read:
AB100,727,2215
48.57
(3m) (am) 4. The county department
or department conducts a
16background investigation under sub. (3p) of the kinship care relative, the employes
17and prospective employes of the kinship care relative who have or would have
18regular contact with the child for whom the payments would be made and any other
19adult resident of the kinship care relative's home to determine if the kinship care
20relative
, employe, prospective employe or adult resident has any arrests or
21convictions that could adversely affect the child or the kinship care relative's ability
22to care for the child.
AB100, s. 1610
23Section
1610. 48.57 (3m) (am) 5. of the statutes is amended to read:
AB100,728,3
148.57
(3m) (am) 5. The kinship care relative cooperates with the county
2department
or department in the application process, including applying for other
3forms of assistance for which the kinship care relative may be eligible.
AB100, s. 1611
4Section
1611. 48.57 (3m) (am) 6. of the statutes is created to read:
AB100,728,75
48.57
(3m) (am) 6. The child for whom the kinship care relative is providing
6care and maintenance is not receiving supplemental security income under
42 USC
71381 to
1383c or state supplemental payments under s. 49.77.
AB100, s. 1612
8Section
1612. 48.57 (3m) (b) 1. of the statutes is amended to read:
AB100,728,129
48.57
(3m) (b) 1. The county department
or, in a county having a population
10of 500,000 or more, the department shall refer to the attorney responsible for support
11enforcement under s.
59.458 (1) 59.53 (6) (a) the name of the parent or parents of a
12child for whom a payment is made under par. (am).
AB100, s. 1613
13Section
1613. 48.57 (3m) (c) of the statutes is amended to read:
AB100,728,1714
48.57
(3m) (c) The county department
or, in a county having a population of
15500,000 or more, the department shall require the parent or parents of a child for
16whom a payment is made under par. (am) to initiate or continue health care
17insurance coverage for the child.
AB100,729,220
48.57
(3m) (d) A county department
or, in a county having a population of
21500,000 or more, the department shall review a placement of a child for which the
22county department
or department makes payments under par. (am) not less than
23every 12 months after the county department
or department begins making those
24payments to determine whether the conditions specified in par. (am) continue to
1exist. If those conditions do not continue to exist, the county department
or
2department shall discontinue making those payments.
AB100, s. 1615
3Section
1615. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB100,729,74
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m),
5the county department
or, in a county having a population of 500,000 or more, the
6department of health and family services, with the assistance of the department of
7justice, shall conduct a background investigation of the applicant.
AB100, s. 1616
8Section
1616. 48.57 (3p) (b) 2. of the statutes is amended to read:
AB100,729,149
48.57
(3p) (b) 2. The county department
or, in a county having a population of
10500,000 or more, the department of health and family services, with the assistance
11of the department of justice, may conduct a background investigation of any person
12who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d)
13or at any other time that the county department
or department of health and family
14services considers to be appropriate.
AB100, s. 1617
15Section
1617. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB100,729,2216
48.57
(3p) (c) 1. After receipt of an application for payments under sub. (3m),
17the county department
or, in a county having a population of 500,000 or more, the
18department of health and family services, with the assistance of the department of
19justice, shall, in addition to the investigation under par. (b), conduct a background
20investigation of all employes and prospective employes of the applicant who have or
21would have regular contact with the child for whom those payments are being made
22and of each adult resident.
AB100, s. 1618
23Section
1618. 48.57 (3p) (c) 2. of the statutes is amended to read:
AB100,730,624
48.57
(3p) (c) 2. The county department
or, in a county having a population of
25500,000 or more, the department of health and family services, with the assistance
1of the department of justice, may conduct a background investigation of any of the
2employes or prospective employes of any person who is receiving payments under
3sub. (3m) who have or would have regular contact with the child for whom those
4payments are being made and of each adult resident at the time of review under sub.
5(3m) (d) or at any other time that the county department
or department of health and
6family services considers to be appropriate.
AB100, s. 1619
7Section
1619. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB100,730,158
48.57
(3p) (c) 3. Before a person
that
who is receiving payments under sub. (3m)
9may employ any person in a position in which that person would have regular contact
10with the child for whom those payments are being made or permit any person to be
11an adult resident, the county department
or, in a county having a population of
12500,000 or more, the department of health and family services, with the assistance
13of the department of justice, shall conduct a background investigation of the
14prospective employe or prospective adult resident unless that person has already
15been investigated under subd. 1. or 2.
AB100, s. 1620
16Section
1620. 48.57 (3p) (d) of the statutes is amended to read:
AB100,731,317
48.57
(3p) (d) If the person being investigated under par. (b) or (c) is a
18nonresident, or at any time within the 5 years preceding the date of the application
19has been a nonresident, or if the county department
or, in a county having a
20population of 500,000 or more, the department of health and family services 21determines that the person's employment, licensing or state court records provide a
22reasonable basis for further investigation, the county department
or department of
23health and family services shall require the person to be photographed and
24fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
25fingerprints. The department of justice may provide for the submission of the
1fingerprint cards to the federal bureau of investigation for the purposes of verifying
2the identity of the person fingerprinted and obtaining records of his or her criminal
3arrest and conviction.
AB100, s. 1621
4Section
1621. 48.57 (3p) (e) (intro.) of the statutes is amended to read:
AB100,731,85
48.57
(3p) (e) (intro.) Upon request, a person being investigated under par. (b)
6or (c) shall provide the county department
or, in a county having a population of
7500,000 or more, the department of health and family services with all of the
8following information:
AB100, s. 1622
9Section
1622. 48.57 (3p) (fm) 1. of the statutes is amended to read:
AB100,731,2210
48.57
(3p) (fm) 1. The county department
or, in a county having a population
11of 500,000 or more, the department of health and family services may provisionally
12approve the making of payments under sub. (3m) based on the applicant's statement
13under sub. (3m) (am) 4m. The county department
or department of health and family
14services may not finally approve the making of payments under sub. (3m) unless
that 15the county department
or department of health and family services receives
16information from the department of justice indicating that the conviction record of
17the applicant under the law of this state is satisfactory according to the criteria
18specified in par. (g) 1. to 3. The
county department or department of
industry, labor
19and job development health and family services may make payments under sub. (3m)
20conditioned on the receipt of information from the federal bureau of investigation
21indicating that the person's conviction record under the law of any other state or
22under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
AB100, s. 1623
23Section
1623. 48.57 (3p) (fm) 2. of the statutes is amended to read:
AB100,732,2324
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
25provisionally employ a person in a position in which that person would have regular
1contact with the child for whom those payments are being made or provisionally
2permit a person to be an adult resident if the person receiving those payments states
3to the county department
or, in a county having a population of 500,000 or more, the
4department of health and family services that the employe or adult resident does not
5have any arrests or convictions that could adversely affect the child or the ability of
6the person receiving payments to care for the child. A person receiving payments
7under sub. (3m) may not finally employ a person in a position in which that person
8would have regular contact with the child for whom those payments are being made
9or finally permit a person to be an adult resident until the county department
or, in
10a county having a population of 500,000 or more, the department of health and family
11services receives information from the department of justice indicating that the
12person's conviction record under the law of this state is satisfactory according to the
13criteria specified in par. (g) 1. to 3. and the county department so advises the
14department
of health and family services and the person receiving payments under
15sub. (3m)
or the department of health and family services so advises that person. A
16person receiving payments under sub. (3m) may finally employ a person in a position
17in which that person would have regular contact with the child for whom those
18payments are being made or finally permit a person to be an adult resident
19conditioned on the receipt of information from the county department
or, in a county
20having a population of 500,000 or more, the department of health and family services 21that the federal bureau of investigation indicates that the person's conviction record
22under the law of any other state or under federal law is satisfactory according to the
23criteria specified in par. (g) 1. to 3.
AB100,733,7
148.57
(3p) (g) (intro.)
Subject to par. (h), the A county department
or, in a county
2having a population of 500,000 or more, the department of health and family services 3may not make payments to a person applying for payments under sub. (3m) and a
4person receiving payments under sub. (3m) may not employ a person in a position
5in which that person would have regular contact with the child for whom those
6payments are being made or permit a person to be an adult resident if any of the
7following applies:
AB100, s. 1625
8Section
1625. 48.57 (3p) (g) 2. of the statutes is amended to read:
AB100,733,139
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
10in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
11violation of the law of any other state or federal law under circumstances under
12which the
applicant or other person would be subject to a penalty specified in any of
13those sections if convicted in this state.
AB100, s. 1626
14Section
1626. 48.57 (3p) (g) 3. of the statutes is amended to read:
AB100,734,215
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
16948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
17of a violation of the law of any other state or federal law that would be a violation of
18ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
19or 948.70, if committed in this state, except that
the
a county department
or, in a
20county having a population of 500,000 or more, the department of health and family
21services may make payments to a person applying for payments under sub. (3m) and
22a person receiving payments under sub. (3m) may employ in a position in which the
23person would have regular contact with the child for whom those payments are being
24made or permit to be an adult resident a person who has been convicted of a violation
25of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal
1law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state,
2if that violation occurred 20 years or more before the date of the investigation.
AB100, s. 1627
3Section
1627. 48.57 (3p) (i) of the statutes is amended to read:
AB100,734,84
48.57
(3p) (i)
The A county department
and, in a county having a population
5of 500,000 or more, the department of health and family services shall keep
6confidential all information received under this subsection from the department of
7justice or the federal bureau of investigation. Such information is not subject to
8inspection or copying under s. 19.35.
AB100, s. 1628
9Section
1628. 48.57 (3p) (j) of the statutes is amended to read:
AB100,734,1310
48.57
(3p) (j)
The A county department
or, in a county having a population of
11500,000 or more, the department of health and family services may charge a fee for
12conducting a background investigation under this subsection. The fee may not
13exceed the reasonable cost of conducting the investigation.
AB100, s. 1629
14Section
1629. 48.58 (1) (b) of the statutes is amended to read:
AB100,734,1715
48.58
(1) (b) Provide care for children in need of protection or services, and
16delinquent juveniles referred by the county department
under s. 46.215, if the
17delinquent juveniles are placed in separate facilities;
AB100, s. 1630
18Section
1630. 48.59 (1) of the statutes is amended to read:
AB100,735,719
48.59
(1) The county department
or, in a county having a population of 500,000
20or more, the department or an agency under contract with the department shall
21investigate the personal and family history and environment of any child transferred
22to its legal custody or placed under its supervision under s. 48.345 and make any
23physical or mental examinations of the child considered necessary to determine the
24type of care necessary for the child. The county department
, department or agency 25shall screen a child who is examined under this subsection to determine whether the
1child is in need of special treatment or care because of alcohol or other drug abuse,
2mental illness or severe emotional disturbance. The county department
, department
3or agency shall keep a complete record of the information received from the court, the
4date of reception, all available data on the personal and family history of the child,
5the results of all tests and examinations given the child and a complete history of all
6placements of the child while in the legal custody or under the supervision of the
7county department
, department or agency.
AB100, s. 1631
8Section
1631. 48.60 (1) of the statutes is amended to read:
AB100,735,189
48.60
(1) No person may receive children, with or without transfer of legal
10custody, to provide care and maintenance for 75 days in any consecutive 12 months'
11period for 4 or more such children at any one time unless that person obtains a license
12to operate a child welfare agency from the department. To obtain a license under this
13subsection to operate a child welfare agency, a person must meet the minimum
14requirements for a license established by the department under s. 48.67 and pay the
15applicable license fee under s. 48.615 (1) (a) or (b). A license issued under this
16subsection is valid
for 2 years after the date of issuance, unless sooner revoked or
17suspended until revoked or suspended, but shall be reviewed every 2 years as
18provided in s. 48.66 (5).
AB100, s. 1632
19Section
1632. 48.60 (2) (c) of the statutes is amended to read:
AB100,735,2120
48.60
(2) (c) A public agency
other than a county that has established a child
21caring institution under s. 938.22;
AB100, s. 1633
22Section
1633. 48.60 (3) of the statutes is amended to read:
AB100,736,623
48.60
(3) Before issuing
or continuing any license to a child welfare agency
24under this section, the department of health and family services shall review the
25need for the additional placement resources that would be made available by
the
1licensing or
relicensing continuing the license of any child welfare agency after
2August 5, 1973, providing care authorized under s. 48.61 (3). Neither the
3department of health and family services nor the department of corrections may
4make any placements to any child welfare agency where the departmental review
5required under this subsection has failed to indicate the need for the additional
6placement resources.
AB100, s. 1634
7Section
1634. 48.615 (1) (a) of the statutes is amended to read:
AB100,736,128
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
9a child welfare agency that regularly provides care and maintenance for children
10within the confines of its building, the child welfare agency must pay to the
11department a biennial fee of
$100 $110, plus a biennial fee of
$15 $16.50 per child,
12based on the number of children that the child welfare agency is licensed to serve.
AB100, s. 1635
13Section
1635. 48.615 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is repealed and recreated to read:
AB100,736,1915
48.615
(1) (a) Before the department may issue a license under s. 48.60 (1) to
16a child welfare agency that regularly provides care and maintenance for children
17within the confines of its building, the child welfare agency must pay to the
18department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on
19the number of children that the child welfare agency is licensed to serve.
AB100, s. 1636
20Section
1636. 48.615 (1) (b) of the statutes is amended to read:
AB100,736,2421
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
22a child welfare agency that places children in licensed foster homes, licensed
23treatment foster homes and licensed group homes, the child welfare agency must pay
24to the department a biennial fee of
$210 $231.
AB100, s. 1637
1Section
1637. 48.615 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB100,737,63
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
4a child welfare agency that places children in licensed foster homes, licensed
5treatment foster homes and licensed group homes, the child welfare agency must pay
6to the department a biennial fee of $254.10
AB100, s. 1638
7Section
1638. 48.615 (1) (c) of the statutes is amended to read:
AB100,737,108
48.615
(1) (c) A child welfare agency that wishes to
renew continue a license
9issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the
10renewal continuation date of the license.
AB100, s. 1639
11Section
1639. 48.615 (2) of the statutes is amended to read:
AB100,737,1712
48.615
(2) A child welfare agency that wishes to
renew continue a license issued
13under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by
14the
renewal continuation date of the license or a new child welfare agency that fails
15to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the
16child welfare agency shall pay an additional fee of $5 per day for every day after the
17deadline that the agency fails to pay the fee.
AB100, s. 1640
18Section
1640. 48.625 (1) of the statutes is amended to read:
AB100,738,219
48.625
(1) Any person who receives, with or without transfer of legal custody,
205 to 8 children, to provide care and maintenance for those children shall obtain a
21license to operate a group home from the department. To obtain a license under this
22subsection to operate a group home, a person must meet the minimum requirements
23for a license established by the department under s. 48.67 and pay the license fee
24under sub. (2). A license issued under this subsection is valid
for 2 years after the
1date of issuance, unless sooner revoked or suspended
until revoked or suspended, but
2shall be reviewed every 2 years as provided in s. 48.66 (5).
AB100, s. 1641
3Section
1641. 48.625 (2) (a) of the statutes is amended to read:
AB100,738,104
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
5group home, the group home must pay to the department a biennial fee of
$100 $110,
6plus a biennial fee of
$15 $16.50 per child, based on the number of children that the
7group home is licensed to serve. A group home that wishes to
renew continue a
8license issued under sub. (1) shall pay the fee under this paragraph by the
renewal 9continuation date of the license. A new group home shall pay the fee under this
10paragraph no later than 30 days before the opening of the group home.
AB100, s. 1642
11Section
1642. 48.625 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
12.... (this act), is repealed and recreated to read:
AB100,738,1913
48.625
(2) (a) Before the department may issue a license under sub. (1) to a
14group home, the group home must pay to the department a biennial fee of $121, plus
15a biennial fee of $18.15 per child, based on the number of children that the group
16home is licensed to serve. A group home that wishes to continue a license issued
17under sub. (1) shall pay the fee under this paragraph by the continuation date of the
18license. A new group home shall pay the fee under this paragraph no later than 30
19days before the opening of the group home.