AB100: Bill Text

AB100, s. 1588 Section 1588. 48.366 (8) of the statutes is amended to read:

AB100,718,25 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

AB100, s. 1589 Section 1589. 48.38 (5) (am) of the statutes is amended to read:

AB100,719,9 48.38 (5) (am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under par. (a). If the court in a county having a population of less than 500,000 appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency. If the court in a county having a population of 500,000 or more appoints an independent agency under this paragraph, the department shall authorize and contract for the purchase of services from the independent agency.

AB100, s. 1590 Section 1590. 48.396 (2) (dm) of the statutes is amended to read:

AB100,719,21 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB100, s. 1591 Section 1591. 48.42 (4) (b) 2. of the statutes is amended to read:

AB100,720,2 48.42 (4) (b) 2. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and paternity has not been adjudicated or acknowledged, the court may, as provided in s. 48.422 (6) (b), order publication of a notice under subd. 4.

AB100, s. 1592 Section 1592. 48.428 (2) (a) of the statutes is amended to read:

AB100,720,13 48.428 (2) (a) Except as provided in par. (b), when a court places a child in sustaining care after an order under s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB100, s. 1593 Section 1593. 48.428 (2) (b) of the statutes is amended to read:

AB100,721,2 48.428 (2) (b) When a court places a child in sustaining care after an order under s. 48.427 (4) with a person who has been appointed as the guardian of the child under s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3). If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4., the court shall terminate the guardianship under s. 48.977.

AB100, s. 1594 Section 1594. 48.48 (17) of the statutes is created to read:

AB100,721,9 48.48 (17) (a) In a county having a population of 500,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:

AB100,721,17 1. Investigate the conditions surrounding nonmarital children and children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.

AB100,721,23 2. Accept legal custody of children transferred to it by the court under s. 48.355 and to provide special treatment and care if ordered by the court and if providing special treatment and care is not the responsibility of the county department under s. 46.215, 51.42 or 51.437. A court may not order the department to administer psychotropic medications to children who receive special treatment or care under this subdivision.

AB100,722,9 3. 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 department may not purchase the educational component of private day treatment programs 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 and the school district shall be resolved by the state superintendent of public instruction.

AB100,722,11 4. Provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.

AB100,722,14 5. Place children in a county children's home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

AB100,722,15 6. Provide services to the court under s. 48.06.

AB100,722,17 7. Contract with any parent or guardian or other person for the care and maintenance of any child.

AB100,722,18 8. License foster homes or treatment foster homes in accordance with s. 48.75.

AB100,722,20 9. Use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.

AB100,722,21 10. Administer kinship care as provided in s. 48.57 (3m) and (3p).

AB100,722,24 11. Contract with the county department under s. 46.215, 51.42 or 51.437 or with a licensed child welfare agency to provide any of the services that the department is authorized to provide under this chapter.

AB100,723,3 (b) In performing the functions specified in par. (a), the department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children in the county.

AB100,723,6 (c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the department may provide funding for the maintenance of any child who meets all of the following criteria:

AB100,723,7 1. Is 18 years of age or older.

AB100,723,9 2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.

AB100,723,11 3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior to his or her 18th birthday.

AB100,723,13 4. Is living in a foster home, treatment foster home, group home or child caring institution.

AB100,723,16 (d) The funding provided for the maintenance of a child under par. (c) shall be in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx), (kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.

AB100, s. 1595 Section 1595. 48.551 (2) (a) of the statutes is amended to read:

AB100,723,20 48.551 (2) (a) Training persons who provide counseling to adolescents including school counselors, county or department employes providing child welfare services under s. 48.56 or 48.561 and family planning clinic employes.

AB100, s. 1596 Section 1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the statutes is amended to read:

AB100,723,23 CHAPTER 48

AB100,723,25 SUBCHAPTER XII COUNTY CHILD WELFARE SERVICES

AB100, s. 1597 Section 1597. 48.56 (title) of the statutes is amended to read:

AB100,724,3 48.56 (title) County child Child welfare services in counties having populations of less than 500,000.

AB100, s. 1598 Section 1598. 48.56 (1) of the statutes is amended to read:

AB100,724,6 48.56 (1) Each county having a population of less than 500,000 shall provide child welfare services through its county department.

AB100, s. 1599 Section 1599. 48.561 of the statutes is created to read:

AB100,724,10 48.561 Child welfare services in a county having a population of 500,000 or more. (1) The department shall provide child welfare services in a county having a population of 500,000 or more.

AB100,724,14 (2) The department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB100,724,17 (3) (a) A county having a population of 500,000 or more shall contribute $24,365,900 in state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100,725,2 (b) The department of administration may collect the amount specified in par. (a) from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. In making deductions under this paragraph, the department of administration shall first make deductions to payments due under ss. 46.40, 79.03, 79.04, 79.058, 79.06 and 79.08. The department of administration shall credit all amounts deducted or charged under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county that is the subject of the deduction or charge of that action.

AB100, s. 1600 Section 1600. 48.561 (3) (a) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,725,7 48.561 (3) (a) A county having a population of 500,000 or more shall contribute $24,365,900 $48,731,700 in each state fiscal year 1997-98 for the provision of child welfare services in that county by the department.

AB100, s. 1601 Section 1601. 48.57 (title) of the statutes is amended to read:

AB100,725,10 48.57 (title) Powers and duties of department and county departments providing child welfare services.

AB100, s. 1602 Section 1602. 48.57 (1) (intro.) of the statutes is amended to read:

AB100,725,17 48.57 (1) (intro.) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations. It or which may be otherwise provided. The department shall have the authority specified in s. 48.48 (17). A county department shall have the authority:

AB100, s. 1603 Section 1603. 48.57 (1) (c) of the statutes is amended to read:

AB100,726,5 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 department of education state superintendent of public instruction 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 department of education state superintendent of public instruction.

AB100, s. 1604 Section 1604. 48.57 (1) (e) of the statutes is amended to read:

AB100,726,11 48.57 (1) (e) If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.

AB100, s. 1605 Section 1605. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100,726,18 48.57 (3m) (am) (intro.) From the appropriations appropriation under s. 20.435 (7) (b) and (o) (3) (kc), the department shall reimburse counties for payments made under this subsection. A county department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100, s. 1606 Section 1606. 48.57 (3m) (am) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,727,2 48.57 (3m) (am) (intro.) From the appropriation under s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB100, s. 1607 Section 1607. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB100,727,8 48.57 (3m) (am) 1. The kinship care relative applies to the county department or department for payments under this subsection and the county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.

AB100, s. 1608 Section 1608. 48.57 (3m) (am) 2. of the statutes is amended to read:

AB100,727,13 48.57 (3m) (am) 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB100, s. 1609 Section 1609. 48.57 (3m) (am) 4. of the statutes is amended to read:

AB100,727,22 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative, the employes and prospective employes of the kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

AB100, s. 1610 Section 1610. 48.57 (3m) (am) 5. of the statutes is amended to read:

AB100,728,3 48.57 (3m) (am) 5. The kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the kinship care relative may be eligible.

AB100, s. 1611 Section 1611. 48.57 (3m) (am) 6. of the statutes is created to read:

AB100,728,7 48.57 (3m) (am) 6. The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100, s. 1612 Section 1612. 48.57 (3m) (b) 1. of the statutes is amended to read:

AB100,728,12 48.57 (3m) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB100, s. 1613 Section 1613. 48.57 (3m) (c) of the statutes is amended to read:

AB100,728,17 48.57 (3m) (c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB100, s. 1614 Section 1614. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act 289, section 70g, is amended to read:

AB100,729,2 48.57 (3m) (d) A county department or, in a county having a population of 500,000 or more, the department shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

AB100, s. 1615 Section 1615. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB100,729,7 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB100, s. 1616 Section 1616. 48.57 (3p) (b) 2. of the statutes is amended to read:

AB100,729,14 48.57 (3p) (b) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100, s. 1617 Section 1617. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB100,729,22 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB100, s. 1618 Section 1618. 48.57 (3p) (c) 2. of the statutes is amended to read:

AB100,730,6 48.57 (3p) (c) 2. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department of health and family services considers to be appropriate.

AB100, s. 1619 Section 1619. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB100,730,15 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB100, s. 1620 Section 1620. 48.57 (3p) (d) of the statutes is amended to read:

AB100,731,3 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department of health and family services 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.