SB346: Bill Text

SB346, s. 160 Section 160. 253.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB346,51,23 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day child care providers under sub. (4) (d), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB346, s. 161 Section 161. 253.15 (4) (title) of the statutes is amended to read:

SB346,51,25 253.15 (4) (title) Training for day child care providers.

SB346, s. 162 Section 162. 253.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 253.15 (4) (a) and amended to read:

SB346,52,9 253.15 (4) (a) Before an individual may obtain a license to operate a day child care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day child care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training.

SB346,52,16 (b) Before an individual may be certified under s. 48.651 as a day child care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying department in a county having a population of 500,000 or more, county department, or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that department, county department, or contracted agency to provide that training.

SB346,52,24 (c) Before an employee or volunteer of a day child care center licensed under s. 48.65, a day child care provider certified under s. 48.651, or a day child care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the department or that county department or contracted agency to provide that training.

SB346,53,5 (d) The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.

SB346, s. 163 Section 163. 253.15 (7) (c) of the statutes is amended to read:

SB346,53,16 253.15 (7) (c) The department, a county department, a nonprofit organization specified under sub. (4) (a), (b), or (c), or any other person that provides the training, under sub. (4) (a), (b), or (c) and the written and audiovisual materials, and the oral explanation specified in sub. (4) (d) is immune from liability for any damages resulting from any good faith act or omission in approving, providing, or failing to approve or provide that training, those materials, and that explanation. A school board is immune from liability for any damages resulting from any good faith act or omission in connection with the provision of, or the failure to provide, the training, under sub. (4) (a) or (c) and the written and audiovisual materials, and oral explanation specified in sub. (4) (d).

SB346, s. 164 Section 164. 254.162 (1) (c) of the statutes is amended to read:

SB346,53,20 254.162 (1) (c) Day Child care providers certified under s. 48.651 and day child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).

SB346, s. 165 Section 165. 254.168 (4) of the statutes is amended to read:

SB346,53,22 254.168 (4) A day child care provider certified under s. 48.651.

SB346, s. 166 Section 166. 254.168 (5) of the statutes is amended to read:

SB346,53,25 254.168 (5) A day child care center licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).

SB346, s. 167 Section 167 . 285.63 (10) (d) 5. of the statutes is amended to read:

SB346,54,3 285.63 (10) (d) 5. Schools, churches, hospitals, nursing homes, or day child care facilities.

SB346, s. 168 Section 168 . 301.46 (4) (a) 2. of the statutes is amended to read:

SB346,54,7 301.46 (4) (a) 2. A day child care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69, or that is established or contracted for under s. 120.13 (14).

SB346, s. 169 Section 169. 562.06 (3) of the statutes is amended to read:

SB346,54,11 562.06 (3) Day Child care. Nothing in this section prohibits a licensee from operating a day child care area at a track if the day child care area is licensed by the department of children and families under s. 48.65.

SB346, s. 170 Section 170 . 767.511 (1m) (e) of the statutes is amended to read:

SB346,54,15 767.511 (1m) (e) The cost of day child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.

SB346, s. 171 Section 171 . 938.32 (1) (c) 1. c. of the statutes is amended to read:

SB346,54,20 938.32 (1) (c) 1. c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB346, s. 172 Section 172. 938.33 (4) (c) of the statutes is amended to read:

SB346,55,7 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB346, s. 173 Section 173 . 938.335 (3g) (c) of the statutes is amended to read:

SB346,55,12 938.335 (3g) (c) That the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB346, s. 174 Section 174 . 938.34 (2) (b) of the statutes is amended to read:

SB346,55,18 938.34 (2) (b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, day child care, or parent skills training.

SB346, s. 175 Section 175 . 938.355 (2) (b) 6. of the statutes is amended to read:

SB346,56,16 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB346, s. 176 Section 176 . 938.355 (2c) (a) 3. c. of the statutes is amended to read:

SB346,56,20 938.355 (2c) (a) 3. c. Community support services, such as day child care, parenting skills training, housing assistance, employment training , and emergency mental health services.

SB346, s. 177 Section 177. 938.356 (1) of the statutes is amended to read:

SB346,57,4 938.356 (1) Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.

SB346, s. 178 Section 178 . 938.365 (2g) (b) 2. of the statutes is amended to read:

SB346,57,12 938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies.

SB346, s. 179 Section 179. 938.365 (2m) (a) 1. of the statutes is amended to read:

SB346,58,2 938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

SB346, s. 180 Section 180 . 938.38 (5) (c) 7. of the statutes is amended to read:

SB346,58,7 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB346, s. 181 Section 181 . 948.53 (1) (a) of the statutes is amended to read:

SB346,58,11 948.53 (1) (a) "Child care provider" means a day child care center that is licensed under s. 48.65 (1), a day child care provider that is certified under s. 48.651, or a day child care program that is established or contracted for under s. 120.13 (14).

SB346, s. 182 Section 182. Initial applicability.

SB346,58,13 (1) Out-of-home placements of children.

SB346,58,17 (a) Juvenile court reports. The treatment of sections 48.33 (4) (c), 48.365 (2g) (b) 2., 938.33 (4) (c), and 938.365 (2g) (b) 2. of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this paragraph.

SB346,58,21 (b) Orders placing child outside home. The treatment of sections 48.32 (1) (b) 1. c., 48.355 (2) (b) 6., 48.365 (2m) (a) 1., 938.32 (1) (c) 1. c., 938.355 (2) (b) 6., 938.356 (1) (with respect to court orders), and 938.365 (2m) (a) 1. of the statutes first applies to court orders granted on the effective date of this paragraph.

SB346,58,25 (c) Permanency plan reviews and hearings. The treatment of sections 48.356 (1), 48.38 (5) (c) 7., 938.356 (1) (with respect to permanency plan reviews), and 938.38 (5) (c) 7. of the statutes first applies to permanency plan reviews and hearings held on the effective date of this paragraph.

SB346, s. 183 Section 183. Effective dates. This act takes effect on the day after publication, except as follows:

SB346,59,5 (1) Main street Equity act. The treatment of section 77.54 (20n) (b) of the statutes takes effect on October 1, 2009, or on the day after publication, whichever is later.

SB346,59,8 (2) Clean indoor air. The treatment of section 101.123 (1) (ad) and (2) (a) 1r. and (d) 2. of the statutes takes effect on July 5, 2010, or on the day after publication, whichever is later.

SB346,59,14 (3) Treatment foster homes. The repeal and recreation of sections 48.66 (1) (a), 48.67 (intro.), 48.685 (1) (b), (4m) (a) (intro.) and (ad), (5m), and (6) (a), and 48.73 of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or on the day after publication, whichever is later.

SB346,59,15 (End)