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.
AB100, s. 1591
22Section
1591. 48.42 (4) (b) 2. of the statutes is amended to read:
AB100,720,223
48.42
(4) (b) 2. If the child is a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.60 and paternity has not been
1adjudicated
or acknowledged, the court may, as provided in s. 48.422 (6) (b), order
2publication of a notice under subd. 4.
AB100, s. 1592
3Section
1592. 48.428 (2) (a) of the statutes is amended to read:
AB100,720,134
48.428
(2) (a) Except as provided in par. (b), when a court places a child in
5sustaining care after an order under s. 48.427 (4), the court shall transfer legal
6custody of the child to the county department
, the department, in a county having
7a population of 500,000 or more, or a licensed child welfare agency, transfer
8guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place
9the child in the home of a licensed foster parent, licensed treatment foster parent or
10kinship care relative with whom the child has resided for 6 months or longer.
11Pursuant to such a placement, this licensed foster parent, licensed treatment foster
12parent or kinship care relative shall be a sustaining parent with the powers and
13duties specified in sub. (3).
AB100, s. 1593
14Section
1593. 48.428 (2) (b) of the statutes is amended to read:
AB100,721,215
48.428
(2) (b) When a court places a child in sustaining care after an order
16under s. 48.427 (4) with a person who has been appointed as the guardian of the child
17under s. 48.977 (2), the court may transfer legal custody of the child to the county
18department
, the department, in a county having a population of 500,000 or more, or
19a licensed child welfare agency, transfer guardianship of the child to an agency listed
20in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent
21or, licensed treatment foster parent
or kinship care relative with whom the child has
22resided for 6 months or longer. Pursuant to such a placement, that licensed foster
23parent
or, licensed treatment foster parent
or kinship care relative shall be a
24sustaining parent with the powers and duties specified in sub. (3). If the court
1transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.,
2the court shall terminate the guardianship under s. 48.977.
AB100, s. 1594
3Section
1594. 48.48 (17) of the statutes is created to read:
AB100,721,94
48.48
(17) (a) In a county having a population of 500,000 or more, to administer
5child welfare services and to expend such amounts as may be necessary out of any
6moneys which may be appropriated for child welfare services by the legislature,
7which may be donated by individuals or private organizations or which may be
8otherwise provided. The department shall also have authority to do all of the
9following:
AB100,721,1710
1. Investigate the conditions surrounding nonmarital children and children in
11need of protection or services within the county and to take every reasonable action
12within its power to secure for them the full benefit of all laws enacted for their benefit.
13Unless provided by another agency, the department shall offer social services to the
14caretaker of any child who is referred to it under the conditions specified in this
15subdivision. This duty shall be discharged in cooperation with the court and with
16the public officers or boards legally responsible for the administration and
17enforcement of these laws.
AB100,721,2318
2. Accept legal custody of children transferred to it by the court under s. 48.355
19and to provide special treatment and care if ordered by the court and if providing
20special treatment and care is not the responsibility of the county department under
21s. 46.215, 51.42 or 51.437. A court may not order the department to administer
22psychotropic medications to children who receive special treatment or care under
23this subdivision.
AB100,722,924
3. Provide appropriate protection and services for children in its care, including
25providing services for children and their families in their own homes, placing the
1children in licensed foster homes, licensed treatment foster homes or licensed group
2homes in this state or another state within a reasonable proximity to the agency with
3legal custody or contracting for services for them by licensed child welfare agencies,
4except that the department may not purchase the educational component of private
5day treatment programs unless the department, the school board as defined in s.
6115.001 (7) and the state superintendent of public instruction all determine that an
7appropriate public education program is not available. Disputes between the
8department and the school district shall be resolved by the state superintendent of
9public instruction.
AB100,722,1110
4. Provide for the moral and religious training of children in its care according
11to the religious belief of the child or of his or her parents.
AB100,722,1412
5. Place children in a county children's home in the county, to accept
13guardianship of children when appointed by the court and to place children under
14its guardianship for adoption.
AB100,722,1515
6. Provide services to the court under s. 48.06.
AB100,722,1716
7. Contract with any parent or guardian or other person for the care and
17maintenance of any child.
AB100,722,1818
8. License foster homes or treatment foster homes in accordance with s. 48.75.
AB100,722,2019
9. Use in the media a picture or description of a child in its guardianship for
20the purpose of finding adoptive parents for that child.
AB100,722,2121
10. Administer kinship care as provided in s. 48.57 (3m) and (3p).
AB100,722,2422
11. Contract with the county department under s. 46.215, 51.42 or 51.437 or
23with a licensed child welfare agency to provide any of the services that the
24department is authorized to provide under this chapter.
AB100,723,3
1(b) In performing the functions specified in par. (a), the department may avail
2itself of the cooperation of any individual or private agency or organization interested
3in the social welfare of children in the county.
AB100,723,64
(c) From the appropriations under s. 20.435 (3) (cx), (gx), (kw) and (mx), the
5department may provide funding for the maintenance of any child who meets all of
6the following criteria:
AB100,723,77
1. Is 18 years of age or older.
AB100,723,98
2. Is enrolled in and regularly attending a secondary education classroom
9program leading to a high school diploma.
AB100,723,1110
3. Received funding under s. 20.435 (3) (cx) or 46.495 (1) (d) immediately prior
11to his or her 18th birthday.
AB100,723,1312
4. Is living in a foster home, treatment foster home, group home or child caring
13institution.
AB100,723,1614
(d) The funding provided for the maintenance of a child under par. (c) shall be
15in an amount equal to that which the child would receive under s. 20.435 (3) (cx), (gx),
16(kw) and (mx) or 46.495 (1) (d) if the child were 17 years of age.
AB100, s. 1595
17Section
1595. 48.551 (2) (a) of the statutes is amended to read:
AB100,723,2018
48.551
(2) (a) Training persons who provide counseling to adolescents
19including school counselors, county
or department employes providing child welfare
20services under s. 48.56
or 48.561 and family planning clinic employes.
AB100, s. 1596
21Section
1596. Subchapter XII (title) of chapter 48 [precedes 48.56] of the
22statutes is amended to read:
AB100,723,2323
CHAPTER 48
AB100,723,2524
SUBCHAPTER XII
25COUNTY CHILD WELFARE SERVICES
AB100, s. 1597
1Section
1597. 48.56 (title) of the statutes is amended to read:
AB100,724,3
248.56 (title)
County child
Child welfare services in counties having
3populations of less than 500,000.
AB100, s. 1598
4Section
1598. 48.56 (1) of the statutes is amended to read:
AB100,724,65
48.56
(1) Each county
having a population of less than 500,000 shall provide
6child welfare services through its county department.
AB100, s. 1599
7Section
1599. 48.561 of the statutes is created to read:
AB100,724,10
848.561 Child welfare services in a county having a population of
9500,000 or more. (1) The department shall provide child welfare services in a
10county having a population of 500,000 or more.
AB100,724,14
11(2) The department shall employ personnel in a county having a population of
12500,000 or more who devote all of their time directly or indirectly to child welfare
13services. Whenever possible, these personnel shall be social workers certified under
14ch. 457.
AB100,724,17
15(3) (a) A county having a population of 500,000 or more shall contribute
16$24,365,900 in state fiscal year 1997-98 for the provision of child welfare services in
17that county by the department.
AB100,725,218
(b) The department of administration may collect the amount specified in par.
19(a) from a county having a population of 500,000 or more by deducting all or part of
20that amount from any state payment due that county or may add a special charge
21to the amount of taxes apportioned to and levied upon the county under s. 70.60. In
22making deductions under this paragraph, the department of administration shall
23first make deductions to payments due under ss. 46.40, 79.03, 79.04, 79.058, 79.06
24and 79.08. The department of administration shall credit all amounts deducted or
25charged under this paragraph to the appropriation account under s. 20.435 (3) (kw)
1and shall notify the county that is the subject of the deduction or charge of that
2action.
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: