AB100-engrossed,750,615
48.06
(1) (a) 1. In counties with a population of 500,000 or more, the
county
16board of supervisors department shall provide the court with the services necessary
17for investigating and supervising
child welfare cases
by operating a children's court
18center under the supervision of a director who is appointed as provided in s. 46.21
19(1m) (a). The director is the chief administrative officer of the center and of the intake
20and probation sections and secure detention facilities of the center except as
21otherwise provided in this subsection. The director under this chapter. The
22department is charged with
providing child welfare intake and dispositional services
23and with administration of the personnel and services of the
child welfare intake and
24dispositional sections
and of the secure detention facilities, and is responsible for
25supervising both the operation of the physical plant and the maintenance and
1improvement of the buildings and grounds of the center
of the department. The
2center department shall include investigative services for all children alleged to be
3in need of protection or services to be provided by the
county department
, and the
4services of an assistant district attorney or assistant corporation counsel or both,
5who shall be assigned to the center to provide investigative as well as legal work in
6the cases.
AB100-engrossed,750,148
48.06
(1) (a) 2. The chief judge of the judicial administrative district shall
9formulate written judicial policy governing intake and court services for
juvenile 10child welfare matters
under this chapter and the
director department shall be
11charged with executing the judicial policy. The chief judge shall direct and supervise
12the work of all personnel of the court, except the work of the district attorney or
13corporation counsel assigned to the court. The chief judge may delegate his or her
14supervisory functions under s. 48.065 (1).
AB100-engrossed,751,1216
48.06
(1) (a) 3.
The county board of supervisors shall develop policies and
17establish necessary rules for the management and administration of the nonjudicial
18operations of the children's court center. The director of the center shall report and
19is responsible to the director of the county department for the execution of all
20nonjudicial operational policies and rules governing the center, including activities
21of probation officers whenever they are not performing services for the court. The
22director of the center is also responsible for the preparation and submission to the
23county board of supervisors of the annual budget for the center except for the judicial
24functions or responsibilities which are delegated by law to the judge or judges and
25clerk of circuit court. The county board of supervisors shall make provision in the
1organization of the office of director for the devolution of the director's authority in
2the case of temporary absence, illness, disability to act or a vacancy in position and
3shall establish the general qualifications for the position. The county board of
4supervisors also has the authority to investigate, arbitrate and resolve any conflict
5in the administration of the center as between judicial and nonjudicial operational
6policy and rules. The county board of supervisors does not have authority and may
7not assert jurisdiction over the disposition of any case or child after a written order
8is made under s. 48.21 or if a petition is filed under s. 48.25.
All personnel of the
9intake and probation sections and of the secure detention facilities shall be appointed
10under civil service by the director except that existing court service personnel having
11permanent civil service status may be reassigned to any of the respective sections
12within the center specified in this paragraph.
AB100-engrossed,751,2014
48.06
(1) (am) 1. All intake workers
beginning providing services under this
15chapter who begin employment after May 15, 1980, shall have the qualifications
16required to perform entry level social work in a county department and shall have
17successfully completed 30 hours of intake training approved or provided by the
18department prior to the completion of the first 6 months of employment in the
19position. The department shall monitor compliance with this subdivision according
20to rules promulgated by the department.
AB100-engrossed,751,2422
48.06
(1) (am) 2. The department shall make training programs available
23annually that permit intake workers
who provide services under this chapter to
24satisfy the requirements specified under subd. 1.
AB100-engrossed,752,5
148.06
(1) (am) 3. Each intake worker
providing services under this chapter 2whose responsibilities include investigation or treatment of child abuse or neglect
3shall successfully complete additional training in child abuse and neglect protective
4services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
5of the additional training may be applied to the requirement under subd. 1.
AB100-engrossed,752,148
48.06
(2) (b) 1. All intake workers
beginning providing services under this
9chapter who begin employment after May 15, 1980, shall have the qualifications
10required to perform entry level social work in a county department and shall have
11successfully completed 30 hours of intake training approved or provided by the
12department prior to the completion of the first 6 months of employment in the
13position. The department shall monitor compliance with this paragraph according
14to rules promulgated by the department.
AB100-engrossed,752,1816
48.06
(2) (b) 2. The department shall make training programs available
17annually that permit intake workers
who provide services under this chapter to
18satisfy the requirements specified under subd. 1.
AB100-engrossed,752,2420
48.06
(2) (c) Each intake worker
providing services under this chapter whose
21responsibilities include investigation or treatment of child abuse or neglect shall
22successfully complete additional training in child abuse and neglect protective
23services approved by the department under s. 48.981 (8) (d). Not more than 4 hours
24of the additional training may be applied to the requirement under par. (b).
AB100-engrossed,753,5
148.06
(3) Intake services. The court
or, the department in a county having a
2population of 500,000 or more or the county department responsible for providing
3intake services under s. 48.067 shall specify one or more persons to provide intake
4services. If there is more than one such worker, one of the workers shall be
5designated as chief worker and shall supervise other workers.
AB100-engrossed,753,117
48.069
(1) (intro.) The staff of the department, the court, a county department
8or a licensed child welfare agency designated by the court to carry out the objectives
9and provisions of this chapter
, or, in a county having a population of 500,000 or more,
10the department or an agency under contract with the department to provide
11dispositional services, shall:
AB100-engrossed,753,1813
48.069
(2) Licensed Except in a county having a population of 500,000 or more,
14licensed child welfare agencies and the department shall provide services under this
15section only upon the approval of the agency from whom services are requested.
In
16a county having a population of 500,000 or more, the department or, with the
17approval of the department, a licensed child welfare agency shall provide services
18under this section.
AB100-engrossed,753,2320
48.069
(3) A court or county department responsible for disposition staff
or, in
21a county having a population of 500,000 or more, the department may agree with the
22court or county department responsible for providing intake services that the
23disposition staff may be designated to provide some or all of the intake services.
AB100-engrossed,754,7
148.07
(3) (title)
County The department in populous counties. In counties
2having a population of 500,000 or more, the
director of the county department may
3be ordered by the court to provide services for furnishing emergency shelter care to
4any child whose need therefor is determined by the intake worker under s. 48.205.
5The court may authorize the
director department to appoint members of the
county 6department to furnish emergency shelter care services for the child. The emergency
7shelter care may be provided as specified in s. 48.207.
AB100-engrossed,754,179
48.207
(2) If a facility listed in sub. (1) (b) to (k) is used to hold children in
10custody, or if supervisory services of a home detention program are provided to
11children held under sub. (1) (a), its authorized rate
shall be paid by the county for the
12care of the child
shall be paid by the county in a county having a population of less
13than 500,000 or by the department in a county having a population of 500,000 or
14more. If no authorized rate has been established, a reasonable sum to be fixed by the
15court shall be paid by the county
in a county having a population of less than 500,000
16or by the department in a county having a population of 500,000 or more for the
17supervision or care of the child.
AB100-engrossed, s. 1568
18Section
1568. 48.275 (2) (d) of the statutes is renumbered 48.275 (2) (d) 1. and
19amended to read:
AB100-engrossed,755,220
48.275
(2) (d) 1.
Reimbursement In a county having a population of less than
21500,000, reimbursement payments shall be made to the clerk of courts of the county
22where the proceedings took place. Each payment shall be transmitted to the county
23treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the
24county treasury and transmit the remainder to the state treasurer. Payments
25transmitted to the state treasurer shall be deposited in the general fund and credited
1to the appropriation account under s. 20.550 (1) (L). The county treasurer shall
2deposit 100% of the amount paid for county-provided counsel in the county treasury.
AB100-engrossed,755,94
48.275
(2) (d) 2. In a county having a population of 500,000 or more,
5reimbursement payments shall be made to the clerk of courts of the county where the
6proceedings took place. Each payment shall be transmitted to the state treasurer,
7who shall deposit the amount paid in the general fund and credit 25% of the amount
8paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the
9appropriation account under s. 20.550 (1) (L).
AB100-engrossed,756,411
48.295
(1) After the filing of a petition and upon a finding by the court that
12reasonable cause exists to warrant an examination or an alcohol and other drug
13abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court
14may order any child coming within its jurisdiction to be examined as an outpatient
15by personnel in an approved treatment facility for alcohol and other drug abuse, by
16a physician, psychiatrist or licensed psychologist, or by another expert appointed by
17the court holding at least a master's degree in social work or another related field of
18child development, in order that the child's physical, psychological, alcohol or other
19drug dependency, mental or developmental condition may be considered. The court
20may also order an examination or an alcohol and other drug abuse assessment that
21conforms to the criteria specified under s. 48.547 (4) of a parent, guardian or legal
22custodian whose ability to care for a child is at issue before the court. The court shall
23hear any objections by the child, the child's parents, guardian or legal custodian to
24the request for such an examination or assessment before ordering the examination
25or assessment. The expenses of an examination, if approved by the court, shall be
1paid by the county of the court ordering the examination
in a county having a
2population of less than 500,000 or by the department in a county having a population
3of 500,000 or more. The payment for an alcohol and other drug abuse assessment
4shall be in accordance with s. 48.361.
AB100-engrossed,756,86
48.33
(4) (b) A recommendation for an amount of child support to be paid by
7either or both of the child's parents or for referral to the county
designee child support
8agency under s. 59.53 (5) for the establishment of child support.
AB100-engrossed,756,1110
48.345
(4) (b)
A The county department
in a county having a population of less
11than 500,000.
AB100-engrossed,756,1413
48.345
(4) (bm) The department in a county having a population of 500,000 or
14more.
AB100-engrossed,756,2117
48.345
(12) (b) The judge shall order the school board to disclose the child's
18pupil records, as defined under s. 118.125 (1) (d), to the county department
,
19department, in a county having a population of 500,000 or more, or licensed child
20welfare agency responsible for supervising the child, as necessary to determine the
21child's compliance with the order under par. (a).
AB100-engrossed,757,323
48.345
(12) (c) The judge shall order the county department
, department, in
24a county having a population of 500,000 or more, or licensed child welfare agency
25responsible for supervising the child to disclose to the school board, technical college
1district board or private, nonprofit, nonsectarian agency which is providing an
2educational program under par. (a) 3. records or information about the child, as
3necessary to assure the provision of appropriate educational services under par. (a).
AB100-engrossed,757,165
48.345
(13) (a) If the report prepared under s. 48.33 (1) recommends that the
6child is in need of treatment for the use or abuse of alcohol beverages, controlled
7substances or controlled substance analogs and its medical, personal, family or social
8effects, the court may order the child to enter an outpatient alcohol and other drug
9abuse treatment program at an approved treatment facility. The approved
10treatment facility shall, under the terms of a service agreement between the
county
11and the approved treatment facility
and the county in a county having a population
12of less than 500,000 or the department in a county having a population of 500,000
13or more, or with the written informed consent of the child or the child's parent if the
14child has not attained the age of 12, report to the agency primarily responsible for
15providing services to the child as to whether the child is cooperating with the
16treatment and whether the treatment appears to be effective.
AB100-engrossed,758,318
48.345
(13) (b) If the report prepared under s. 48.33 (1) recommends that the
19child is in need of education relating to the use of alcohol beverages, controlled
20substances or controlled substance analogs, the court may order the child to
21participate in an alcohol or other drug abuse education program approved by the
22court. The person or agency that provides the education program shall, under the
23terms of a service agreement between the
county and the education program
and the
24county in a county having a population of less than 500,000 or the department in a
25county having a population of 500,000 or more, or with the written informed consent
1of the child or the child's parent if the child has not attained the age of 12, report to
2the agency primarily responsible for providing services to the child about the child's
3attendance at the program.
AB100-engrossed,758,95
48.355
(2) (b) 4. If the child is placed outside the child's home, a designation of
6the amount of support, if any, to be paid by the child's parent, guardian or trustee,
7specifying that the support obligation begins on the date of the placement, or a
8referral to the county
designee child support agency under s. 59.53 (5) for
9establishment of child support.
AB100-engrossed,758,1911
48.355
(2) (b) 6. If the child is placed outside the home,
the court's a finding that
12continued placement of the child in his or her home would be contrary to the welfare
13of the child and a finding as to whether
a the county department
which provides
14social services, the department, in a county having a population of 500,000 or more, 15or the agency primarily responsible for the provision of services under a court order
16has made reasonable efforts to prevent the removal of the child from the home or, if
17applicable, that the agency primarily responsible for the provision of services under
18a court order has made reasonable efforts to make it possible for the child to return
19to his or her home.
AB100-engrossed,759,221
48.355
(2) (c) If school attendance is a condition of an order under par. (b) 7.,
22the order shall specify what constitutes a violation of the condition and shall direct
23the school board of the school district in which the child is enrolled to notify the
24county department that is responsible for supervising the child
or, in a county having
1a population of 500,000 or more, the department within 5 days after any violation of
2the condition by the child.
AB100-engrossed,759,94
48.355
(2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to
5whether
a the county department
which provides social services, the department, in
6a county having a population of 500,000 or more, or the agency primarily responsible
7for providing services to the child under a court order has made reasonable efforts
8to prevent the removal of the child from his or her home, the court's consideration of
9reasonable efforts shall include, but not be limited to, whether:
AB100-engrossed,759,2311
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
12court otherwise designates an alternative placement for the child by a disposition
13made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
14parent or guardian or, in the case of a transfer of guardianship and custody under
15s. 48.839 (4), the duty of the former guardian to provide support shall continue even
16though the legal custodian or the placement designee may provide the support. A
17copy of the order transferring custody or designating alternative placement for the
18child shall be submitted to the agency or person receiving custody or placement and
19the agency or person may apply to the court for an order to compel the parent or
20guardian to provide the support. Support payments for residential services, when
21purchased or otherwise funded or provided by the department or a county
22department under s.
46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under
23s. 46.10 (14).
AB100-engrossed,760,10
148.36
(1) (b) In determining the amount of support under par. (a), the court may
2consider all relevant financial information or other information relevant to the
3parent's earning capacity, including information reported
under s. 49.22 (2m) to the
4department of workforce development
, or the county child
and spousal support
5agency
, under s.
49.22 (2m) 59.53 (5). If the court has insufficient information with
6which to determine the amount of support, the court shall order the child's parent
7to furnish a statement of income, assets, debts and living expenses, if the parent has
8not already done so, to the court within 10 days after the court's order transferring
9custody or designating an alternative placement is entered or at such other time as
10ordered by the court.
AB100-engrossed,760,1912
48.36
(2) If a child whose legal custody has not been taken from a parent or
13guardian is given educational and social services, or medical, psychological or
14psychiatric treatment by order of the court, the cost thereof, if ordered by the court,
15shall be a charge upon the county
in a county having a population of less than 500,000
16or the department in a county having a population of 500,000 or more. This section
17does not prevent recovery of reasonable contribution toward the costs from the
18parent or guardian of the child as the court may order based on the ability of the
19parent or guardian to pay. This subsection shall be subject to s. 46.03 (18).
AB100-engrossed,760,2221
48.36
(3) In determining county
or departmental liability, this section does not
22apply to services specified in ch. 115.
AB100-engrossed,761,324
48.365
(2g) (a) At the hearing the person or agency primarily responsible for
25providing services to the child shall file with the court a written report stating to
1what extent the dispositional order has been meeting the objectives of the plan for
2the child's rehabilitation or care and treatment.
The juvenile offender review
3program may file a written report regarding any child examined by the program.
AB100-engrossed,761,165
48.366
(8) Transfer to or between facilities. The department of corrections
6may transfer a person subject to an order between secured correctional facilities.
7After the person attains the age of 17 years, the department of corrections may place
8the person in a state prison named in s. 302.01.
If the person is 15 years of age or
9over, the department of corrections may transfer the person to the Racine youthful
10offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If
11the department of corrections places a person subject to an order under this section
12in a state prison, that department shall provide services for that person from the
13appropriate appropriation under s. 20.410 (1). The department of corrections may
14transfer a person placed in a state prison under this subsection to or between state
15prisons named in s. 302.01 without petitioning for revision of the order under sub.
16(5) (a).
AB100-engrossed,761,2518
48.38
(5) (am) The court may appoint an independent agency to designate a
19panel to conduct a permanency plan review under par. (a). If the court
in a county
20having a population of less than 500,000 appoints an independent agency under this
21paragraph, the county department of the county of the court shall authorize and
22contract for the purchase of services from the independent agency.
If the court in a
23county having a population of 500,000 or more appoints an independent agency
24under this paragraph, the department shall authorize and contract for the purchase
25of services from the independent agency.
AB100-engrossed,762,112
48.428
(2) (a) Except as provided in par. (b), when a court places a child in
3sustaining care after an order under s. 48.427 (4), the court shall transfer legal
4custody of the child to the county department
, the department, in a county having
5a population of 500,000 or more, or a licensed child welfare agency, transfer
6guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. and place
7the child in the home of a licensed foster parent, licensed treatment foster parent or
8kinship care relative with whom the child has resided for 6 months or longer.
9Pursuant to such a placement, this licensed foster parent, licensed treatment foster
10parent or kinship care relative shall be a sustaining parent with the powers and
11duties specified in sub. (3).
AB100-engrossed,762,2413
48.428
(2) (b) When a court places a child in sustaining care after an order
14under s. 48.427 (4) with a person who has been appointed as the guardian of the child
15under s. 48.977 (2), the court may transfer legal custody of the child to the county
16department
, the department, in a county having a population of 500,000 or more, or
17a licensed child welfare agency, transfer guardianship of the child to an agency listed
18in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a licensed foster parent
19or, licensed treatment foster parent
or kinship care relative with whom the child has
20resided for 6 months or longer. Pursuant to such a placement, that licensed foster
21parent
or, licensed treatment foster parent
or kinship care relative shall be a
22sustaining parent with the powers and duties specified in sub. (3). If the court
23transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.,
24the court shall terminate the guardianship under s. 48.977.
AB100-engrossed,763,7
148.48
(16m) To employ under the unclassified service in an office of the
2department that is located in a 1st class city a director of the office of urban
3development who shall be appointed by the secretary to serve at the pleasure of the
4secretary and who shall coordinate the provision of child welfare services in a county
5having a population of 500,000 or more with the implementation of the Wisconsin
6works program under ss. 49.141 to 49.161 in a county having a population of 500,000
7or more.
AB100-engrossed,763,149
48.48
(17) (a) In a county having a population of 500,000 or more, to administer
10child welfare services and to expend such amounts as may be necessary out of any
11moneys which may be appropriated for child welfare services by the legislature,
12which may be donated by individuals or private organizations or which may be
13otherwise provided. The department shall also have authority to do all of the
14following:
AB100-engrossed,763,2215
1. Investigate the conditions surrounding nonmarital children and children in
16need of protection or services within the county and to take every reasonable action
17within its power to secure for them the full benefit of all laws enacted for their benefit.
18Unless provided by another agency, the department shall offer social services to the
19caretaker of any child who is referred to it under the conditions specified in this
20subdivision. This duty shall be discharged in cooperation with the court and with
21the public officers or boards legally responsible for the administration and
22enforcement of these laws.
AB100-engrossed,764,323
2. Accept legal custody of children transferred to it by the court under s. 48.355
24and to provide special treatment and care if ordered by the court and if providing
25special treatment and care is not the responsibility of the county department under
1s. 46.215, 51.42 or 51.437. A court may not order the department to administer
2psychotropic medications to children who receive special treatment or care under
3this subdivision.
AB100-engrossed,764,144
3. Provide appropriate protection and services for children in its care, including
5providing services for children and their families in their own homes, placing the
6children in licensed foster homes, licensed treatment foster homes or licensed group
7homes in this state or another state within a reasonable proximity to the agency with
8legal custody or contracting for services for them by licensed child welfare agencies,
9except that the department may not purchase the educational component of private
10day treatment programs unless the department, the school board as defined in s.
11115.001 (7) and the state superintendent of public instruction all determine that an
12appropriate public education program is not available. Disputes between the
13department and the school district shall be resolved by the state superintendent of
14public instruction.
AB100-engrossed,764,1615
4. Provide for the moral and religious training of children in its care according
16to the religious belief of the child or of his or her parents.
AB100-engrossed,764,1917
5. Place children in a county children's home in the county, to accept
18guardianship of children when appointed by the court and to place children under
19its guardianship for adoption.
AB100-engrossed,764,2020
6. Provide services to the court under s. 48.06.
AB100-engrossed,764,2221
7. Contract with any parent or guardian or other person for the care and
22maintenance of any child.
AB100-engrossed,764,2323
8. License foster homes or treatment foster homes in accordance with s. 48.75.