AB488: Bill Text

LRB-0308/7

GMM:cjs&hmh:pg

2001 - 2002 LEGISLATURE

2001 Assembly BILL 488

September 10, 2001 - Introduced by Representatives Jeskewitz, Plale, Lippert, Balow, Musser, Owens, Bock, Krawczyk, Turner, Montgomery, Staskunas, Ladwig, Ott, McCormick, Lassa, Plouff, Hundertmark, Olsen, Gunderson, Friske, Riley, Stone, Schooff, Young, Wasserman, Miller, Gronemus, J. Lehman and Petrowski, cosponsored by Senators Burke, Huelsman, Hansen, Plache, Darling, Roessler, Rosenzweig and Risser. Referred to Committee on Children and Families.

AB488,2,2 An Act to repeal 48.48 (7); to renumber and amend 48.23 (2); to amend 20.435 (3) (km), 48.02 (7), 48.13 (9), 48.20 (8), 48.21 (3) (d), 48.23 (3), 48.27 (4) (a) 2., 48.371 (3) (intro.), 48.38 (2) (d), 48.38 (5) (a), 48.48 (3), 48.57 (1) (b), 48.57 (3n) (am) 6. c., 48.60 (2) (d), 48.62 (3), 48.625 (1), 48.625 (3), 48.63 (1), 48.64 (1), 48.64 (1r), 48.78 (1), 48.981 (2), 146.82 (2) (a) 18m., 252.15 (5) (a) 19., 938.355 (1), 938.38 (2) (d) and 938.38 (5) (a); and to create 46.997, 48.13 (9m), 48.13 (9p), 48.23 (2) (b), 48.345 (3) (cm), 48.38 (2) (g), 48.619, 48.625 (1m), 48.63 (5), 49.175 (1) (ze) 7m. and 938.34 (3) (cm) of the statutes; relating to: placement of a child who is a custodial parent or an expectant mother in a safe and structured living arrangement in which the child is provided with training in parenting skills and other skills to promote the child's long-term economic independence and the well-being of the child's child, grants for the provision of such living arrangements and related services, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the court assigned to exercise jurisdiction under the children's code (juvenile court) has jurisdiction over a child who is alleged to be in need of protection or services which can be ordered by the juvenile court and who meets certain grounds. Currently, if a juvenile court finds a child to be in need of protection or services, the juvenile court may order certain dispositions to protect the well-being of the child, including placing the child in a group home. Current law also permits a child's parent or guardian to place the child in a group home under a voluntary agreement, but for no longer than 15 days.

This bill grants to the juvenile court jurisdiction over a child who is at least 12 years of age, is a custodial parent or expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement which the child's parent, guardian, or legal custodian is unwilling, neglecting, unable, or needs assistance to provide. The bill also grants to the juvenile court jurisdiction over any child of such a child. Under the bill, if a child who is at least 12 years of age and who is a custodial parent or expectant mother is found to be receiving inadequate care and to be in need of a safe and structured living arrangement, the juvenile court may order the child to be placed in a group home that has been licensed solely to provide such a safe and structured living arrangement for children 12 years of age or over who are custodial parents or expectant mothers and to provide those children with training in parenting skills and other skills to promote those children's long-term economic independence and the well-being of the children of those children.

The bill also permits a child who is 14 years of age or over, who is a custodial parent or expectant mother, and who is in need of such a safe and structured living arrangement to be placed in such a group home under a voluntary agreement for no longer than six months, except that such a placement may be extended if an independent reviewing agency contracted with by the agency that placed the child determines that an extension of the placement would be in the best interests of the child and that the child and the child's parent or guardian consent to the extension. Under the bill, the agency placing the child or arranging the placement of the child in such a group home must, before making or arranging that placement, report any suspected abuse or neglect of the child under the child abuse reporting law.

The bill also requires the department of health and family services to distribute grants to private agencies to provide group homes for eligible persons, as defined in the bill, who are placed in those group homes under voluntary agreements. The bill defines an "eligible person" as a child 14 years of age or over who is a custodial parent or an expectant mother, whose income is at or below 200% of the federal poverty line, and who is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement or meets the criteria for the juvenile court's child or juvenile in need of protection or services or delinquency jurisdiction or would be at risk of meeting those criteria if not placed in such a group home. The bill also permits a grant recipient to provide related services to eligible persons who are current or former residents of such a group home up to age 21, the children and families of those eligible persons, and the noncustodial parents of the children of those eligible persons and to pay for the start-up costs, other than capital costs, of the agency's program funded under the grant.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB488, s. 1 Section 1. 20.435 (3) (km) of the statutes is amended to read:

AB488,3,6 20.435 (3) (km) Federal block grant transfer; aids. The amounts in the schedule for grants under ss. 46.95 (2), 46.99 (2) (a) and, 46.995 (2), (3) (b), and (4m) (b), and 46.997 and for an evaluation of the grant program under s. 46.997. All moneys transferred from the appropriation account under s. 20.445 (3) (md) shall be credited to this appropriation account.

AB488, s. 2 Section 2. 46.997 of the statutes is created to read:

AB488,3,8 46.997 Second-chance homes. (1) Definitions. In this section:

AB488,3,14 (a) "Eligible person" means a person 14 years of age or over, but under 21 years of age, who is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, has an income, not including the income of the person's parent, guardian, or legal custodian, that is at or below 200% of the poverty line, as defined in s. 49.001 (5), and who, at the time of referral for services under a program funded under this section, meets any of the following requirements:

AB488,3,17 1. Is a child and is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement.

AB488,4,3 2. Is a child and meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13 or would be at risk of meeting one or more of those criteria if the child were not placed in a 2nd-chance home.

AB488,4,6 (b) "Private agency" means an organization operated for profit or a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

AB488,4,7 (c) "Second-chance home" means a group home described in s. 48.625 (1m).

AB488,4,20 (2) Awarding of grants. (a) From the appropriation under s. 20.435 (3) (km), the department shall distribute not more than $0 in each fiscal year as grants to private agencies to provide 2nd-chance homes and related services to eligible persons who are placed under s. 48.63 (5) in 2nd-chance homes operated by those private agencies. A private agency that is awarded a grant under this paragraph may use the amount awarded under the grant to provide care and maintenance to eligible persons who are placed under s. 48.63 (5) in a 2nd-chance home operated by the private agency; provide services, including the services specified in sub. (3), to eligible persons who currently are or formerly were placed under s. 48.63 (5) in the 2nd-chance home, to the children and families of those eligible persons, and to the noncustodial parents of the children of those eligible persons; and, in the first year of the grant period, pay for the start-up costs, other than capital costs, of the private agency's program funded under this paragraph.

AB488,5,6 (b) The department of health and family services shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department of health and family services shall prescribe in consultation with the department of workforce development, the adolescent pregnancy prevention and pregnancy services board, local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. In awarding the grants under par. (a), the department of health and family services shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.

AB488,5,10 (c) A private agency that is awarded a grant under par. (a) shall contribute matching funds equal to 25% of the amount awarded under the grant. The match may be in the form of money or in the form of both money and in-kind services, but may not be in the form of in-kind services only.

AB488,5,13 (d) A private agency that is awarded a grant under par. (a) may use no more than 15% of the amount awarded under the grant to pay for administrative costs associated with the program funded under the grant.

AB488,5,18 (e) A grant under par. (a) shall be awarded for a 3-year period, except that annually the department shall review the performance of a private agency that is awarded a grant based on performance criteria that the department shall prescribe and may discontinue a grant to a private agency whose performance is not satisfactory to the department based on those criteria.

AB488,5,20 (3) Program requirements. A private agency that receives a grant under sub. (2) (a) shall do all of the following:

AB488,5,22 (a) Operate a 2nd-chance home for the care and maintenance of eligible persons who are children, as defined in s. 48.619.

AB488,5,24 (b) Maintain a community-wide network for referring eligible persons to the private agency's program funded under the grant.

AB488,6,5 (c) Ensure that an eligible person receiving services from the private agency's program funded under the grant is enrolled in a secondary school or its vocational or technical equivalent or in a college or technical college or is working, unless the director of the private agency determines that there is good cause for the eligible person not to be so enrolled or working.

AB488,6,11 (d) Ensure that an eligible person receiving services from the private agency's program is provided with intake, assessment, case planning, and case management services; skills development training in the areas of economic self-sufficiency, parenting, independent living, and life choice decision making; prenatal and other health care services, including, if necessary, mental health and alcohol and other drug abuse services; child care; and transportation.

AB488,6,20 (4) Evaluation. From the appropriation under s. 20.435 (3) (km), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, independent living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation.

AB488, s. 3 Section 3. 48.02 (7) of the statutes is amended to read:

AB488,6,24 48.02 (7) "Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children, as provided in s. 48.625 (1).

AB488, s. 4 Section 4. 48.13 (9) of the statutes is amended to read:

AB488,7,4 48.13 (9) Who is at least age 12 years of age, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide;

AB488, s. 5 Section 5. 48.13 (9m) of the statutes is created to read:

AB488,7,9 48.13 (9m) Who is at least 12 years of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement which the parent, guardian, or legal custodian is unwilling, neglecting, unable, or needs assistance to provide;

AB488, s. 6 Section 6. 48.13 (9p) of the statutes is created to read:

AB488,7,12 48.13 (9p) Whose parent is a child who has been found to be in need of protection or services under sub. (9m).

AB488, s. 7 Section 7. 48.20 (8) of the statutes is amended to read:

AB488,8,8 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian, and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian, and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 (2) regardless of ability to pay, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian, or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian, or legal custodian. The intake worker shall notify both the child and the child's parent, guardian, or legal custodian. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody, and about the detention hearing as the child expectant mother and her parent, guardian, or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian, or legal custodian and the unborn child, by the unborn child's guardian ad litem.

AB488, s. 8 Section 8. 48.21 (3) (d) of the statutes is amended to read:

AB488,8,15 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian, or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 (2) regardless of ability to pay, the right to confront and cross-examine witnesses, and the right to present witnesses.

AB488, s. 9 Section 9. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB488,9,2 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 (9p) or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB488, s. 10 Section 10. 48.23 (2) (b) of the statutes is created to read:

AB488,9,9 48.23 (2) (b) If a petition under s. 48.13 (9p) is contested, no child may be placed outside his or her home unless the child's custodial parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside his or her home unless the child's custodial parent is represented by counsel at the hearing at which the placement is made.

AB488, s. 11 Section 11. 48.23 (3) of the statutes is amended to read:

AB488,9,17 48.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 48.13 as provided in this subsection, at any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. The Except in proceedings under s. 48.13 (9p), the court may not appoint counsel for any party other than the child in a proceeding under s. 48.13 for any party other than the child who is the subject of the proceeding.

AB488, s. 12 Section 12. 48.27 (4) (a) 2. of the statutes is amended to read:

AB488,9,20 48.27 (4) (a) 2. Advise the child and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

AB488, s. 13 Section 13. 48.345 (3) (cm) of the statutes is created to read:

AB488,9,25 48.345 (3) (cm) A group home described in s. 48.625 (1m) if the child is at least 12 years of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement.

AB488, s. 14 Section 14. 48.371 (3) (intro.) of the statutes is amended to read:

AB488,10,12 48.371 (3) (intro.) At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB488, s. 15 Section 15. 48.38 (2) (d) of the statutes is amended to read:

AB488,10,15 48.38 (2) (d) The child was placed under a voluntary agreement between the agency and the child's parent under s. 48.63 (1) or (5) (b).

AB488, s. 16 Section 16. 48.38 (2) (g) of the statutes is created to read:

AB488,10,19 48.38 (2) (g) The child's parent is placed in a foster home, treatment foster home, group home, child-caring institution, secure detention facility, or shelter care facility and the child is residing with that parent.

AB488, s. 17 Section 17. 48.38 (5) (a) of the statutes is amended to read:

AB488,11,6 48.38 (5) (a) The Except as provided in s. 48.63 (5) (d), the court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the child was first held in physical custody or placed outside of his or her home. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review.

AB488, s. 18 Section 18. 48.48 (3) of the statutes is amended to read:

AB488,11,11 48.48 (3) To accept guardianship of children when appointed by the court, and to provide special treatment and or care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB488, s. 19 Section 19. 48.48 (7) of the statutes is repealed.

AB488, s. 20 Section 20. 48.57 (1) (b) of the statutes is amended to read:

AB488,11,19 48.57 (1) (b) To accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355 and to provide special treatment and or care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph.

AB488, s. 21 Section 21. 48.57 (3n) (am) 6. c. of the statutes is amended to read:

AB488,11,23 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under s. 48.63 (1) or (5) (b).

AB488, s. 22 Section 22. 48.60 (2) (d) of the statutes is amended to read:

AB488,12,2 48.60 (2) (d) A hospital, maternity hospital, maternity home or nursing home licensed, approved or supervised by the department.

AB488, s. 23 Section 23. 48.619 of the statutes is created to read:

AB488,12,12 48.619 Definition. In this subchapter, "child" means a person under 18 years of age and also includes, for purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home, treatment foster home, or group home.

AB488, s. 24 Section 24. 48.62 (3) of the statutes is amended to read:

AB488,12,18 48.62 (3) When the department, a county department or a child welfare agency issues a license to operate a foster home or a treatment foster home, the department, county department or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment foster home has been licensed in the school district.

AB488, s. 25 Section 25. 48.625 (1) of the statutes is amended to read:

AB488,13,3 48.625 (1) Any person who receives, with or without transfer of legal custody, 5 to 8 children, not including children who under sub. (1m) are not counted toward that number, to provide care and maintenance for those children shall obtain a license to operate a group home from the department. To obtain a license under this subsection to operate a group home, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under sub. (2). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB488, s. 26 Section 26. 48.625 (1m) of the statutes is created to read: