SB40: Bill Text

SB40,643,13 48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

SB40, s. 1366 Section 1366. 48.839 (1) (e) of the statutes is amended to read:

SB40,643,19 48.839 (1) (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.

SB40, s. 1367 Section 1367. 48.88 (2) (am) of the statutes is created to read:

SB40,644,6 48.88 (2) (am) 1. If the petitioner was required to obtain an initial license to operate a foster home or treatment foster home before placement of the child for adoption or relicensure after a break in licensure, the agency making the investigation shall obtain a criminal history search from the records maintained by the department of justice and request under 42 USC 16962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), with respect to the petitioner. The agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 (e). In the case of a child on whose behalf adoption assistance payments will be provided under s. 48.975, if the petitioner has been convicted of any of the offenses specified in s. 48.685 (5) (bm) 1. to 4., the agency may not report that the petitioner's home is suitable for the child.

SB40,644,19 2. If the petitioner was required to obtain a license to operate a foster home or treatment foster home before placement of the child for adoption, the agency making the investigation shall obtain information maintained by the department regarding any substantiated reports of child abuse or neglect against the petitioner and any other adult residing in the petitioner's home. If the petitioner or other adult residing in the petitioner's home is not, or at any time within the 5 years preceding the date of the search has not been, a resident of this state, the agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the petitioner or other adult is a resident or was a resident within those 5 years for information that is equivalent to the information maintained by the department regarding substantiated reports of child abuse or neglect. The agency may not use any information obtained under this subdivision for any purpose other than a background search under this subdivision.

SB40, s. 1368 Section 1368. 48.93 (1d) of the statutes is amended to read:

SB40,644,24 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

SB40, s. 1369 Section 1369. 48.98 (2) (d) of the statutes is amended to read:

SB40,645,5 48.98 (2) (d) The department shall periodically bill the person who filed the bond and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.

SB40, s. 1370 Section 1370. 48.981 (3) (c) 8. of the statutes is amended to read:

SB40,645,21 48.981 (3) (c) 8. Using the format prescribed by the department, each county department shall provide the department with information about each report that the county department receives or that is received by a licensed child welfare agency that is under contract with the county department and about each investigation that the county department or a licensed child welfare agency under contract with the county department conducts. Using the format prescribed by the department, a licensed child welfare agency under contract with the department shall provide the department with information about each report that the child welfare agency receives and about each investigation that the child welfare agency conducts. This information shall be used by the The department shall use the information to monitor services provided by county departments or licensed child welfare agencies under contract with county departments or the department. The department shall use nonidentifying information to maintain statewide statistics on child abuse and neglect and on unborn child abuse, and for planning and policy development purposes.

SB40, s. 1371 Section 1371. 48.981 (7) (dm) of the statutes is amended to read:

SB40,645,25 48.981 (7) (dm) Notwithstanding par. (a), an agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 1372 Section 1372. 48.981 (8) (a) of the statutes is amended to read:

SB40,646,21 48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB40, s. 1373 Section 1373. 48.981 (8) (d) 1. of the statutes is amended to read:

SB40,647,5 48.981 (8) (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB40, s. 1374 Section 1374. 48.982 (2) (g) (intro.) of the statutes is amended to read:

SB40,647,8 48.982 (2) (g) (intro.) In coordination with the departments of health and family services and department and the department of public instruction:

SB40, s. 1375 Section 1375. 48.982 (2e) (c) of the statutes is repealed.

SB40, s. 1376 Section 1376. 48.983 (1) (i) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1377 Section 1377. 48.983 (1) (j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1378 Section 1378 . 48.983 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,648,7 48.983 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (2) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

SB40, s. 1379 Section 1379. 48.983 (3) (title) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1380 Section 1380. 48.983 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1381 Section 1381. 48.983 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 48.983 (3) and amended to read:

SB40,648,18 48.983 (3) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

SB40, s. 1382 Section 1382. 48.984 of the statutes is created to read:

SB40,648,21 48.984 Universal home visitation services. (1) Definitions. In this section:

SB40,648,23 (a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.

SB40,648,25 (b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

SB40,649,1 (c) "Local health department" has the meaning given in s. 250.01 (4).

SB40,649,5 (d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.

SB40,649,7 (e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.

SB40,649,9 (f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

SB40,649,21 (2) Awarding of grants. From the appropriation account under s. 20.437 (2) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.

SB40,650,10 (3) Purposes of grants. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants and with the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6); identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.

SB40,650,16 (b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.

SB40,650,25 (4) Confidentiality. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.

SB40,651,4 (b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.

SB40,651,14 (5) Notification of parent prior to making abuse or neglect report. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).

SB40,651,18 (6) Informational materials. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.

SB40, s. 1383 Section 1383. 48.985 (1) of the statutes is amended to read:

SB40,651,25 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) 20.437 (1) (n), the department shall expend not more than $273,700 in each fiscal year of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626 and for child abuse and neglect and unborn child abuse independent investigations.

SB40, s. 1384 Section 1384. 48.985 (2) of the statutes is amended to read:

SB40,652,8 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) 20.437 (1) (o), the department shall distribute not more than $3,809,600 $3,554,300 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

SB40, s. 1385 Section 1385. 48.985 (4) of the statutes is amended to read:

SB40,652,11 48.985 (4) Runaway services. From the appropriation under s. 20.435 (3) 20.437 (1) (na) for runaway services, not more than $458,600 in each fiscal year.

SB40, s. 1386 Section 1386. 48.985 (5) of the statutes is repealed.

SB40, s. 1387 Section 1387. 48.989 (1) (a) of the statutes is amended to read:

SB40,652,15 48.989 (1) (a) "Appropriate authority in the receiving state" means the department of health and family services.

SB40, s. 1388 Section 1388. 48.989 (1) (b) of the statutes is amended to read:

SB40,652,19 48.989 (1) (b) "Appropriate public authorities" means the department of health and family services, which shall receive and act with reference to notices required by s. 48.988 (3).

SB40, s. 1389 Section 1389. Chapter 49 (title) of the statutes is amended to read:

SB40,652,21 chapter 49

SB40,652,23 public assistance and children and family services

SB40, s. 1390 Section 1390. 49.001 (9) of the statutes is amended to read:

SB40,653,4 49.001 (9) "Wisconsin works Works agency" means a person under contract under s. 49.143 to administer Wisconsin works Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works Works agency" means the department of workforce development children and families.

SB40, s. 1391 Section 1391. 49.02 (2) (c) of the statutes is repealed.

SB40, s. 1392 Section 1392. 49.025 (2) (a) 2. of the statutes is amended to read:

SB40,653,11 49.025 (2) (a) 2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year and amounts paid on behalf of individuals in that county under the demonstration project under s. 49.45 (23) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.

SB40, s. 1393 Section 1393. 49.029 (3) of the statutes is amended to read:

SB40,653,17 49.029 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

SB40, s. 1394 Section 1394. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is amended to read:

SB40,653,20 chapter 49

SB40,653,21 subchapter III

SB40,653,23 economic children and family support and work programs services

SB40, s. 1395 Section 1395. 49.11 (1) of the statutes is amended to read:

SB40,654,2 49.11 (1) "Department" means the department of workforce development children and families.

SB40, s. 1396 Section 1396. 49.11 (2) of the statutes is amended to read:

SB40,654,5 49.11 (2) "Secretary" means the secretary of workforce development children and families.

SB40, s. 1397 Section 1397. 49.13 (title) of the statutes is renumbered 49.79 (9) (title).

SB40, s. 1398 Section 1398. 49.13 (1) of the statutes is repealed.

SB40, s. 1399 Section 1399. 49.13 (2) (a) of the statutes is renumbered 49.79 (9) (a) 1. and amended to read:

SB40,654,20 49.79 (9) (a) 1. The department shall contract with the department of health and family services as provided under s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program and may contract under s. 49.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department or tribal governing body may subcontract, with a Wisconsin works Works agency or another provider to administer the employment and training program under this subsection. Except as provided in pars. (b) and (bm) subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works Works employment position to participate in the employment and training program under this subsection.

SB40, s. 1400 Section 1400. 49.13 (2) (b) of the statutes is renumbered 49.79 (9) (a) 2. and amended to read:

SB40,655,2 49.79 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a) this subsection.

SB40, s. 1401 Section 1401. 49.13 (2) (bm) of the statutes is renumbered 49.79 (9) (a) 3. and amended to read:

SB40,655,9 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program , or an institution of higher education.

SB40, s. 1402 Section 1402. 49.13 (2) (cm) of the statutes is renumbered 49.79 (9) (a) 4.

SB40, s. 1403 Section 1403. 49.13 (2) (d) of the statutes is renumbered 49.79 (9) (a) 5. and amended to read:

SB40,655,22 49.79 (9) (a) 5. A participant in an employment and training program under this section subsection administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section subsection administered by a Wisconsin works Works agency or another provider is an employee of the Wisconsin works Works agency or other provider for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.