AB655: Bill Text

AB655, s. 82 Section 82 . 938.34 (3) (d) of the statutes is amended to read:

AB655,31,19 938.34 (3) (d) A child caring institution residential treatment center operated by a child welfare agency licensed under s. 48.60.

Note: This Section changes the term "child caring institution" to "residential treatment center" and clarifies that it is the child welfare agency operating the residential treatment center, and not the residential treatment center itself, that is licensed under s. 48.60.

AB655, s. 83 Section 83 . 938.371 (1) of the statutes is amended to read:

AB655,32,7 938.371 (1) If a juvenile is placed in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

AB655,32,15 (a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent , or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility of the confidentiality requirements under s. 252.15 (6).

AB655,32,21 (b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655,33,2 (c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent , or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 84 Section 84. 938.371 (3) (intro.) of the statutes is amended to read:

AB655,33,16 938.371 (3) (intro.) At the time of placement of a juvenile in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility 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. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home, child caring institution residential care center for children and youth, or secured correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB655, s. 85 Section 85. 938.371 (3) (a) of the statutes is amended to read:

AB655,33,22 938.371 (3) (a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. The foster parent, treatment foster parent , or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this subsection shall keep the information confidential.

AB655, s. 86 Section 86. 938.371 (3) (b) of the statutes is amended to read:

AB655,34,4 938.371 (3) (b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 87 Section 87. 938.371 (3) (c) of the statutes is amended to read:

AB655,34,10 938.371 (3) (c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 88 Section 88. 938.371 (3) (d) of the statutes is amended to read:

AB655,34,22 938.371 (3) (d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured correctional facility. The foster parent, treatment foster parent, or operator of a group home, child caring institution residential care center for children and youth, or secured correctional facility receiving information under this paragraph shall keep the information confidential.

AB655, s. 89 Section 89. 938.38 (2) (intro.) of the statutes is amended to read:

AB655,35,5 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, secure detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists:

AB655, s. 90 Section 90. 938.51 (1d) (intro.) of the statutes is amended to read:

AB655,35,16 938.51 (1d) (intro.) At least 15 days prior to the release from a nonsecured child caring institution residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have committed a violation of ch. 940 or of s. 948.02, 948.025, or 948.03, and at least 15 days prior to the release from a nonsecured child caring institution residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department or county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:

AB655, s. 91 Section 91. 938.51 (4) (intro.) of the statutes is amended to read:

AB655,36,5 938.51 (4) (intro.) If a juvenile described in sub. (1), (1d), or (1g) escapes from a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution center, home, or jail, or has been allowed to leave a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, institution center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:

AB655, s. 92 Section 92. 938.538 (3) (a) 1p. of the statutes is amended to read:

AB655,36,9 938.538 (3) (a) 1p. Alternate care, including placement in a foster home, treatment foster home, group home, child caring institution residential care center for children and youth, or secured child caring institution.

AB655, s. 93 Section 93. 938.539 (5) of the statutes is amended to read:

AB655,36,24 938.539 (5) With respect to a juvenile who is placed in a child caring institution residential care center for children and youth or a secured child caring institution under s. 938.34 (4d) or 938.357 (4) (a) or in a less restrictive placement under s. 938.357 (4) (c), the child welfare agency operating the child caring institution residential care center for children and youth or secured child caring institution in which the juvenile is placed, and the person operating any less restrictive placement in which the juvenile is placed, shall operate that child caring institution residential care center for children and youth, secured child caring institution , or less restrictive placement as a Type 2 child caring institution or a Type 2 secured correctional facility. This subsection does not preclude a child welfare agency or other person from placing in a child caring institution residential care center for children and youth, secured child caring institution, or less restrictive placement in which a juvenile is placed under s. 938.34 (4d) or 938.357 (4) (a) or (c) a juvenile who is not placed under s. 938.34 (4d) or 938.357 (4) (a) or (c).

AB655, s. 94 Section 94. 938.57 (3) (a) 4. of the statutes is amended to read:

AB655,37,2 938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home or child caring institution, or residential care center for children and youth.

AB655, s. 95 Section 95 . 938.78 (3) of the statutes is amended to read:

AB655,37,24 938.78 (3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), (1m), or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, as defined in s. 51.01 (10), secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution center, or jail, or has been allowed to leave a secured correctional facility, child caring institution residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, institution center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

AB655, s. 96 Section 96. 940.295 (2) (m) of the statutes is amended to read:

AB655,38,3 940.295 (2) (m) An institution A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children.

Note: This Section eliminates a vague reference to an "institution" operated by a child welfare agency and replaces that vague reference with a specific reference to a "residential care center for children and youth" operated by a child welfare agency,which is the legally defined and professionally accepted term for a facility operated by a child welfare agency for the care and maintenance of children.

AB655, s. 97 Section 97. Initial applicability.

AB655,38,9 (1) Council on developmental disabilities. The treatment of sections 15.197 (11n) (intro.), (a) (intro.), 1. to 3., and 4., (am) (intro.), 2., and 3., (b), (bm), (c), (cm), and (d) and 51.437 (14r) (a) 7. and (c) of the statutes first applies to appointments or reappointments of members of the council on developmental disabilities made on the effective date of this subsection.

AB655,38,10 (End)