AB100: Bill Text

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.

AB100, s. 1621 Section 1621. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB100,731,8 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 500,000 or more, the department of health and family services with all of the following information:

AB100, s. 1622 Section 1622. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB100,731,22 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless that the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The county department or department of industry, labor and job development health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100, s. 1623 Section 1623. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB100,732,23 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department of health and family services and the person receiving payments under sub. (3m) or the department of health and family services so advises that person. A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB100, s. 1624 Section 1624. 48.57 (3p) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 71f, is amended to read:

AB100,733,7 48.57 (3p) (g) (intro.) Subject to par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB100, s. 1625 Section 1625. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB100,733,13 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB100, s. 1626 Section 1626. 48.57 (3p) (g) 3. of the statutes is amended to read:

AB100,734,2 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the a county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB100, s. 1627 Section 1627. 48.57 (3p) (i) of the statutes is amended to read:

AB100,734,8 48.57 (3p) (i) The A county department and, in a county having a population of 500,000 or more, the department of health and family services shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB100, s. 1628 Section 1628. 48.57 (3p) (j) of the statutes is amended to read:

AB100,734,13 48.57 (3p) (j) The A county department or, in a county having a population of 500,000 or more, the department of health and family services may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB100, s. 1629 Section 1629. 48.58 (1) (b) of the statutes is amended to read:

AB100,734,17 48.58 (1) (b) Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;

AB100, s. 1630 Section 1630. 48.59 (1) of the statutes is amended to read:

AB100,735,7 48.59 (1) The county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and make any physical or mental examinations of the child considered necessary to determine the type of care necessary for the child. The county department, department or agency shall screen a child who is examined under this subsection to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department , department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child, the results of all tests and examinations given the child and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency.