AB768: Bill Text

AB768, s. 705 Section 705. 938.365 (2m) (a) of the statutes is amended to read:

AB768,327,6 938.365 (2m) (a) Any party may present evidence relevant to the issue of extension. The court shall make findings of fact and conclusions of law based on the evidence, including. Subject to s. 938.355 (2d), the findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to make it possible for the juvenile to return safely to his or her home. An order shall be issued under s. 938.355.

AB768, s. 706 Section 706. 938.365 (2m) (ag) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 266), is amended to read:

AB768,327,20 938.365 (2m) (ag) In addition to any evidence presented under par. (a), the court shall permit give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. Any written or oral statement made under this paragraph shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (2) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

AB768, s. 707 Section 707. 938.38 (3) (intro.) of the statutes is amended to read:

AB768,327,25 938.38 (3) Time. (intro.) The Subject to s. 938.355 (2d) (c), the agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:

AB768, s. 708 Section 708. 938.38 (4) (a) of the statutes is amended to read:

AB768,328,8 938.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home , while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home , except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 709 Section 709. 938.38 (4) (bm) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB768,328,13 938.38 (4) (bm) The availability of a safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or appropriate.

AB768, s. 710 Section 710. 938.38 (4) (e) of the statutes is amended to read:

AB768,328,19 938.38 (4) (e) The safety and appropriateness of the placement and of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.

AB768, s. 711 Section 711. 938.38 (4) (f) 1. of the statutes is amended to read:

AB768,328,22 938.38 (4) (f) 1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.

AB768, s. 712 Section 712. 938.38 (4) (f) 3. of the statutes is amended to read:

AB768,329,3 938.38 (4) (f) 3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.

AB768, s. 713 Section 713. 938.38 (4) (fm) of the statutes is created to read:

AB768,329,8 938.38 (4) (fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.

AB768, s. 714 Section 714. 938.38 (4) (g) of the statutes is amended to read:

AB768,329,12 938.38 (4) (g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.

AB768, s. 715 Section 715. 938.38 (5) (b) of the statutes is amended to read:

AB768,330,2 938.38 (5) (b) The court or the agency shall notify the parents of the juvenile, the juvenile if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review and of the fact that they may participate in or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.

AB768, s. 716 Section 716. 938.38 (5) (c) 1. of the statutes is amended to read:

AB768,330,5 938.38 (5) (c) 1. The continuing necessity for and the safety and appropriateness of the placement.

AB768, s. 717 Section 717. 938.38 (5) (c) 4. of the statutes is amended to read:

AB768,330,9 938.38 (5) (c) 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.

AB768, s. 718 Section 718. 938.38 (5) (c) 5. of the statutes is amended to read:

AB768,330,14 938.38 (5) (c) 5. The date by which it is likely that the juvenile will be returned to his or her home, or placed for adoption, placed under legal guardianship or otherwise permanently placed with a guardian or in some other alternative permanent placement.

AB768, s. 719 Section 719. 938.38 (5) (c) 6. (intro.) of the statutes is amended to read:

AB768,330,19 938.38 (5) (c) 6. (intro.) If the juvenile has been placed outside of his or her home for 2 years or more, as described in s. 938.365 (1), for 15 of the most recent 22 months, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB768, s. 720 Section 720. 938.38 (5) (c) 6. a. of the statutes is amended to read:

AB768,330,21 938.38 (5) (c) 6. a. Being returned safely to his or her home.

AB768, s. 721 Section 721. 938.38 (5) (c) 7. of the statutes is amended to read:

AB768,331,2 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 722 Section 722. 938.38 (6) (c) of the statutes is amended to read:

AB768,331,7 938.38 (6) (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.

AB768, s. 723 Section 723. 1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:

AB768,331,14 [1997 Wisconsin Act 27] Section 9132 (1xyg) Study of state centers for the developmentally disabled. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998 March 1, 1999, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.

AB768, s. 724 Section 724. 1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:

AB768,331,23 [1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700 $1,186,200.

AB768, s. 725 Section 725. 1997 Wisconsin Act 27, section 9143 (2e) is repealed.

AB768, s. 726 Section 726. 1997 Wisconsin Act 27, section 9256 (3x) (d) 2. b. is amended to read:

AB768,332,5 [1997 Wisconsin Act 27] Section 9256 (3x) (d) 2. b. The difference between $175,000,000 $111,000,000 and the amount transferred to the property tax relief fund under paragraph (c) 2.

AB768, s. 727 Section 727. 1997 Wisconsin Act 27, section 9256 (3x) (e) 2. b. is amended to read:

AB768,332,10 [1997 Wisconsin Act 27] Section 9256 (3x) (e) 2. b. The difference between $175,000,000 $111,000,000 and the amounts transferred to the property tax relief fund under paragraphs (c) 2. and (d) 2.

AB768, s. 9109 Section 9109. Nonstatutory provisions; circuit courts.

AB768,332,12 (1) Termination of parental rights.

AB768,332,13 (a) Continuing need of protection or services.

AB768,332,21 1. Notwithstanding section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, unless the parent against whom the petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, and 6 months or longer have elapsed since the date of that notice.

AB768,333,2 2. Subdivision 1. does not preclude a person from filing a petition under section 48.42 (1) of the statutes for termination of parental rights over a child on the grounds specified in section 48.415 (2) (b) 2. and (c), 1995 stats., against a parent who has received notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and (c), 1995 stats., if 6 months or longer have elapsed since the date of that notice.

AB768,333,10 (b) Children currently in out-of-home care. In each county, the agency, as defined in section 48.40 (1) of the statutes, or the district attorney, corporation counsel or other appropriate official designated under section 48.09 of the statutes, whoever is responsible for prosecuting termination of parental rights petitions in that county, shall implement section 48.417 of the statutes, as created by this act, with respect to children in the county who, on November 17, 1997, are in the status described in section 48.417 (1) (a) of the statutes, as created by this act, according to the following time schedule:

AB768,333,16 1. By July 1, 1999, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to not less than 33% of those children, giving priority to children whose permanency plan under section 48.38 or 938.38 of the statutes calls for adoption and to the children who have been in out-of-home care for the longest period of time.

AB768,333,20 2. By January 1, 2000, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to not less than 67% of those children.

AB768,333,24 3. By July 1, 2000, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to all of those children.

AB768,334,8 (c) Commission of serious felony against the person's child. Notwithstanding section 48.415 (9m) (b) of the statutes, as affected by this act, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights under section 48.415 (9m) (b) of the statutes, as affected by this act, based on a finding made before the effective date of this paragraph that a parent has committed a violation of section 940.19 (2), (3), (4) or (5) of the statutes or of the law of any other state or federal law that would be a violation of section 940.19 (2), (3), (4) or (5) of the statutes if committed in this state.

AB768, s. 9110 Section 9110. Nonstatutory provisions; commerce.

AB768,334,10 (1) Grant for distance education center.

AB768,334,11 (a) In this subsection:

AB768,334,13 1. "Consortium" means an association of a business and a higher educational institution.

AB768,334,14 2. "Department" means the department of commerce.

AB768,334,15 3. "Secretary" means the secretary of commerce.

AB768,334,19 (b) The department may make a grant of not more than $500,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for the purpose of establishing a distance education center for instruction in technology and engineering if all of the following apply:

AB768,334,20 1. The consortium is located in Eau Claire County.

AB768,334,22 2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB768,334,25 3. The consortium enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB768,335,2 4. The consortium agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c ).

AB768,335,5 (c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB768,335,7 (d) The department may not pay grant proceeds under this subsection after June 30, 1999.

AB768, s. 9111 Section 9111. Nonstatutory provisions; corrections.

AB768,335,12 (1) Computer recycling inmate employment program. The authorized FTE positions for the department of corrections are increased by 8.0 PR positions on July 1, 1998, to be funded from the appropriation under section 20.410 (1) (kx) of the statutes for the purpose of refurbishing and recycling used computers.

AB768, s. 9120 Section 9120. Nonstatutory provisions; governor.

AB768,335,20 (1) Child's first book initiative. From the appropriation under section 20.525 (1) (a) of the statutes, the governor may expend not more than $45,000 in fiscal year 1998-99 for a child's first book initiative. The governor may contract with a state agency, as defined in section 20.001 of the statutes, to administer the initiative. The state agency contracted with shall acquire children's books and send those books to the parents of newborn children to encourage those parents to read to their children and thereby stimulate the intellectual development of those children.

AB768, s. 9122 Section 9122. Nonstatutory provisions; health and family services.

AB768,335,24 (1) Medicare rural hospital flexibility program. The department of health and family services shall apply to the federal government to establish a medicare rural hospital flexibility program, as authorized under 42 USC 1395i-4 (b).

AB768,336,2 (2) Transfer of food service operations of the Southern Wisconsin Center for the Developmentally Disabled.

AB768,336,12 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and family services primarily related to the food service unit at the Southern Wisconsin Center for the Developmentally Disabled, except the building housing the food service unit, shall become the assets and liabilities of the department of corrections. The department of health and family services and the department of corrections shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department of health and family services and the department of corrections, the secretary of administration shall decide the question.

AB768,336,21 (b) Employe transfers. On the effective date of this paragraph, 51.0 FTE PR positions in the department of health and family services that are primarily related to the functions of the food services unit at the Southern Wisconsin Center for the Developmentally Disabled and the incumbent employes holding these positions are transferred to the department of corrections. The departments of health and family services and corrections shall jointly determine the employes to be transferred under this paragraph and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.

AB768,337,2 (c) Employe status. Employes transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB768,337,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services primarily related to the functions of the food service unit at Southern Wisconsin Center for the Developmentally Disabled are transferred to the department of corrections. The department of health and family services and the department of corrections shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.

AB768,337,18 (e) Pending matters. On the effective date of this paragraph, any matter pending with the department of health and family services that is primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled is transferred to the department of corrections. All materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB768,338,4 (f) Contracts. On the effective date of this paragraph, all contracts entered into by the department of health and family services primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled, which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of corrections. The department of health and family services and the department of corrections shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question. The department of corrections shall carry out any such contractual obligations until modified or rescinded by the department of corrections to the extent allowed under the contract.

AB768,338,14 (g) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the functions of the food service unit at Southern Wisconsin Center for the Developmentally Disabled remain in effect until their specified expiration date or until amended or repealed by the department of corrections. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled remain in effect until their specific expiration date or until modified or rescinded by the department of corrections.

AB768,338,15 (3) Family care.

AB768,338,20 (a) By July 31, 1998, the department of health and family services shall submit final drafting instructions to the legislative reference bureau for proposed legislation to initiate establishing, on July 1, 2000, a new system under which long-term care is provided to elderly and adult disabled individuals. The drafting instructions for the system shall be for services to these individuals that include all of the following:

AB768,338,24 1. The establishment of a single consumer entry point for long-term care services for a county or tribal area, to provide information on aging, disability and services for long-term care and to perform functional and financial screening for and collect information about individuals.

AB768,339,2 2. A needs-oriented, individualized long-term care benefit that covers a full array of services and support items.

AB768,339,4 3. Simplified and uniform eligibility for a long-term care, publicly funded subsidy, based on functional ability and ability to pay.

AB768,339,7 4. A care management organization that provides services that are tailored to individual needs and preferences in a cost-effective manner, including the option for the consumer or the consumer's family to direct services.

AB768,339,10 5. Combined federal, state and local funding, within the limits of federal law, that is designated for each consumer and applies regardless of change of the consumer's service setting or his or her residence within the state.