SB361: Bill Text

SB361, s. 14 Section 14. 48.75 (1g) (c) (intro.) of the statutes is amended to read:

SB361,12,18 48.75 (1g) (c) (intro.) No license may be issued under par. (a) 1., 2. or 3. unless the public licensing agency issuing the license has notified the public licensing agency of the county in which the foster home will be located of its intent to issue the license and the 2 public licensing agencies have entered into a written agreement under this paragraph. A public licensing agency is not required to enter into any agreement under this paragraph allowing the public licensing agency of another county to license a foster home within its jurisdiction. The written agreement shall include all All of the following apply to a public licensing agency that issues a license under par. (a) 1., 2., or 3.:

SB361, s. 15 Section 15. 48.75 (1g) (c) 1. of the statutes is amended to read:

SB361,12,23 48.75 (1g) (c) 1. A statement that the The public licensing agency issuing the license has shall have placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child who is placed in the foster home, as specified in the agreement.

SB361, s. 16 Section 16. 48.75 (1g) (c) 2. of the statutes is amended to read:

SB361,13,3 48.75 (1g) (c) 2. A statement that the The public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement.

SB361, s. 17 Section 17. 48.75 (1g) (c) 3. of the statutes is amended to read:

SB361,13,7 48.75 (1g) (c) 3. A description of the The public licensing agency shall have in place procedures to be followed in providing emergency services to the child who is placed in the foster home and to the foster parent, as specified in the agreement.

SB361, s. 18 Section 18. 48.75 (1g) (d) of the statutes is repealed.

SB361, s. 19 Section 19 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act 28, sections 1275, 1276m, and 1277, is repealed and recreated to read:

SB361,13,19 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth and each group home shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 20 Section 20 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 19, is amended to read:

SB361,14,9 49.343 (1g) Establishment of rates. Subject to sub. (1m), each For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth and each or a group home shall establish a per client rate may charge for its services and each child welfare agency shall establish a, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 21 Section 21 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 20, is amended to read:

SB361,14,23 49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 22 Section 22 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28, sections 1281 and 1282, is repealed and recreated to read:

SB361,15,10 49.343 (2) (a) By October 1, 2010, and annually after that, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 23 Section 23 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 22, is amended to read:

SB361,15,22 49.343 (2) (a) By October 1, 2010, and annually after that, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 24 Section 24 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 23, is amended to read:

SB361,16,9 49.343 (2) (a) By October 1, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 25 Section 25. 2009 Wisconsin Act 28, section 9408 (6) is amended to read:

SB361,18,25 [2009 Wisconsin Act 28] Section 9408 (6) Foster care levels of care. The repeal of sections 48.02 (17q), 48.48 (17) (a) 10., 48.62 (1) (b), 49.001 (7), 619.01 (1) (c) 4m., 619.01 (9m), 895.485 (1) (c), and 938.02 (17q) of the statutes, the renumbering of section 48.62 (1) (a) of the statutes, the amendment of sections 20.410 (3) (ho) (by Section 316), 20.437 (1) (b), 20.437 (1) (cf), 20.437 (1) (dd) (by Section 474), 20.437 (1) (jm), 20.437 (1) (pd) (by Section 480), 46.10 (14) (a), 46.10 (14) (b), 46.21 (2) (j), 46.56 (8) (L), 46.56 (15) (b) 4., 46.985 (1) (f), 48.01 (1) (gg), 48.02 (6), 48.195 (2) (d) 5., 48.207 (1) (c), 48.207 (1) (f), 48.207 (3), 48.21 (5) (d) 2., 48.21 (5) (d) 3., 48.27 (3) (a) 1., 48.27 (3) (a) 1m., 48.27 (3) (a) 2., 48.27 (6), 48.299 (1) (ag), 48.299 (1) (ar), 48.32 (1) (c) 2., 48.32 (1) (c) 3., 48.33 (4) (intro.), 48.33 (5), 48.335 (3g) (intro.), 48.345 (3) (c), 48.355 (2) (b) 2., 48.355 (2d) (c) 2., 48.355 (2d) (c) 3., 48.355 (4), 48.357 (1) (am) 1., 48.357 (2m) (b), 48.357 (2r), 48.357 (2v) (c) 2., 48.357 (2v) (c) 3., 48.363 (1) (b), 48.363 (1m), 48.365 (2), 48.365 (2m) (ad) 2., 48.365 (2m) (ag), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d), 48.371 (5), 48.375 (4) (a) 1., 48.375 (4) (b) 1m., 48.375 (4) (b) 3., 48.375 (7) (f), 48.38 (2) (intro.), 48.38 (2) (g), 48.38 (4) (d) (intro.), 48.38 (4) (f) (intro.), 48.38 (5) (b), 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c), 48.38 (5m) (e), 48.42 (2) (d), 48.42 (2g) (a), 48.42 (2g) (am), 48.42 (2g) (b), 48.427 (1m), 48.427 (3m) (a) 5., 48.427 (3m) (am), 48.428 (2) (a), 48.428 (2) (b), 48.428 (4), 48.43 (5) (b), 48.43 (5m), 48.48 (9), 48.48 (17) (a) 3., 48.48 (17) (a) 8., 48.48 (17) (c) 4. (by Section 985), 48.481 (1) (a), 48.52 (1) (a), 48.52 (1) (b), 48.52 (1) (c), 48.569 (1) (d), 48.57 (1) (c), 48.57 (1) (hm), 48.57 (1) (i), 48.57 (3) (a) 4., 48.60 (2) (e), 48.61 (3), 48.61 (7), 48.615 (1) (b), subchapter XIV (title) of chapter 48 [precedes 48.619], 48.619, 48.62 (title), 48.62 (2), 48.62 (3), 48.62 (5) (a) (intro.), 48.62 (5) (d) (by Section 1018), 48.62 (6), 48.62 (7), 48.625 (3), 48.627 (title), 48.627 (2) (a), 48.627 (2c), 48.627 (2m), 48.627 (2s) (a), 48.627 (2s) (b), 48.627 (3) (b), 48.627 (3) (d), 48.627 (3) (e), 48.627 (3) (f), 48.627 (3) (h), 48.627 (4), 48.627 (5), 48.63 (1), 48.63 (3) (b) 2., 48.63 (4), 48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.645 (1) (a), 48.645 (2) (a) 1., 48.645 (2) (a) 3., 48.645 (2) (a) 4., 48.645 (2) (b), subchapter X of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (1) (c), 48.67 (intro.), 48.67 (4), 48.675 (1), 48.675 (2), 48.675 (3) (intro.), 48.675 (3) (a), 48.685 (1) (b), 48.685 (2) (c) 1., 48.685 (2) (c) 2., 48.685 (4m) (a) (intro.) (by Section 1072d), 48.685 (4m) (ad) (by Section 1074d), 48.685 (5) (bm) (intro.), 48.685 (5m) (by Section 1078d), 48.685 (6) (a) (by Section 1080d), 48.70 (2), 48.73, 48.75 (title), 48.75 (1d), 48.75 (2), 48.833 (1), 48.833 (2), 48.837 (1), 48.837 (1r) (b), 48.88 (2) (am) 1., 48.88 (2) (am) 2., 48.975 (3) (a) 1., 48.975 (3) (a) 2., 48.98 (1), 48.98 (2) (a), 48.981 (3) (d) 1., 48.981 (7) (a) 4., 48.986 (4), 49.136 (1) (m), 49.155 (1) (c), 49.155 (1m) (a) (intro.), 49.155 (1m) (a) 1m. b., 49.155 (1m) (bm), 49.175 (1) (s), 49.19 (1) (a) 2. b., 49.19 (4e) (a), 49.19 (10) (a), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 49.32 (9) (a), 49.34 (1), 49.343 (1d) (a) and (b), (1g) (by Section 1276m), (1m) (by Section 1278g), and (2) (a), (b), and (c), 49.345 (14) (a), 49.345 (14) (b), 49.45 (3) (e) 7., 49.46 (1) (a) 5., 49.46 (1) (d) 1., 49.471 (4) (a) 5., 50.01 (1) (a) 1., 50.01 (1) (a) 2., 59.69 (15) (intro.) (by Section 1451), 59.69 (15) (bm), 60.63 (intro.) (by Section 1454), 60.63 (3), 62.23 (7) (i) (intro.) (by Section 1458), 62.23 (7) (i) 2m., 103.10 (1) (a) (intro.), 103.10 (1) (f) (by Section 2173), 121.79 (1) (d) (intro.), 121.79 (1) (d) 2., 121.79 (1) (d) 3., 146.82 (2) (a) 18m., 167.10 (7), 252.15 (5) (a) 19., 253.10 (3) (c) 2. c., 301.12 (14) (a), 301.12 (14) (b), 301.26 (4) (d) 2. (by Section 2676), 301.26 (4) (d) 3. (by Section 2678), 301.26 (4) (e), 301.26 (4) (ed), 301.46 (4) (a) 6., 343.15 (4) (a) 3., 619.01 (1) (a), 619.01 (1) (c) 1., 619.01 (9), 767.41 (3) (c), 786.37 (3), 809.105 (13), 895.485 (title), 895.485 (2) (intro.), 895.485 (2) (a), 895.485 (2) (b), 895.485 (3), 895.485 (4) (intro.), 895.485 (4) (a), 938.02 (6), 938.207 (1) (c), 938.207 (1) (f), 938.21 (5) (d) 2., 938.21 (5) (d) 3., 938.27 (3) (a) 1., 938.27 (3) (a) 1m., 938.27 (3) (a) 2., 938.27 (6), 938.299 (1) (ag), 938.32 (1) (d) 2., 938.32 (1) (d) 3., 938.33 (4) (intro.), 938.33 (5), 938.335 (3g) (intro.), 938.34 (3) (c), 938.355 (2) (b) 2., 938.355 (2d) (c) 2., 938.355 (2d) (c) 3., 938.355 (4) (a), 938.357 (1) (am) 1., 938.357 (1) (am) 2., 938.357 (2m) (b), 938.357 (2r), 938.357 (2v) (c) 2., 938.357 (2v) (c) 3., 938.357 (6), 938.363 (1) (b), 938.363 (1m), 938.365 (2), 938.365 (2m) (ad) 2., 938.365 (2m) (ag), 938.365 (5), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (3) (d), 938.38 (2) (intro.), 938.38 (4) (f) (intro.), 938.38 (5) (b), 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c), 938.38 (5m) (e), 938.48 (4), 938.52 (1) (b), 938.538 (3) (a) 1p., 938.57 (1) (c), 938.57 (3) (a) 4., 940.201 (1) (a), 940.203 (1) (a), 940.205 (1), 940.207 (1), 940.43 (1), 940.45 (1), 943.011 (1) (a), 943.013 (1) (a), 943.015 (1), 943.017 (2m) (a) 1., 948.01 (3), 948.085 (1), 949.06 (1m) (a) (by Section 3359), and 973.017 (6) (a) of the statutes, and the creation of section 48.62 (8) of the statutes and Section 9108 (3) (a) of this act take 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, as created by this act.

SB361, s. 26 Section 26. Nonstatutory provisions.

SB361,19,3 (1) Transition of kinship care and long-term kinship care providers to foster care providers.

SB361,19,12 (a) Foster home license required. By no later than 6 months after the date of the first review under section 48.57 (3m) (d) or (3n) (d) of the statutes occurring after the effective date of this subsection of the placement of a child who on the day before the effective date of this subsection was placed in the home of a kinship care relative, as defined in section 48.57 (3m) (a) 2. of the statutes, or a long-term kinship care relative, as defined in section 48.57 (3n) (a) 2. of the statutes, under an order of the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, the kinship care relative or long-term kinship care relative shall obtain a license to operate a foster home under section 48.62 (1) of the statutes.

SB361,20,3 (b) Exception. If the kinship care relative or long-term kinship care relative refuses to obtain a license to operate a foster home as required under paragraph (a) or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review under section 48.38 (5) or 938.38 (5) of the statutes or permanency plan hearing under section 48.38 (5m) or 938.38 (5m) of the statutes occurring after the date by which the kinship care relative or long-term kinship care relative is required under paragraph (a) to obtain the license, the agency, as defined in section 48.38 (1) (a) or 938.38 (1) (a) of the statutes, that prepared the child's permanency plan shall make a recommendation, and the court or panel conducting the review or hearing shall make a determination under section 48.38 (5) (c) 1. or 938.38 (5) (c) 1. of the statutes, regarding the continuing necessity for and safety and appropriateness of the placement. If the court or panel determines that the placement continues to be necessary, safe, and appropriate, the child may remain in the placement and the kinship care relative or long-term kinship care relative may continue to receive payments under section 48.57 (3m) (am) or (3n) (am) of the statutes.

SB361, s. 27 Section 27. Effective dates. This act takes effect on January 1, 2010, or on the day after publication, whichever is later, except as follows:

SB361,20,8 (1) Juvenile residential aftercare. The repeal and recreation of section 20.410 (3) (ho) of the statutes takes effect on July 1, 2010, or on the day after publication, whichever is later.

SB361,20,11 (2) Establishment of rates. The amendment of section 49.343 (1g) (by Section 20) and (2) (a) (by Section 23) of the statutes and the repeal and recreation of section 48.57 (3m) (am) (intro.) of the statutes take effect on January 1, 2011.

SB361,20,16 (3) Treatment foster homes. The treatment of section 48.48 (17) (a) 10m. of the statutes and the amendment of sections 20.410 (3) (ho) and 49.343 (1g) (by Section 21) and (2) (a) (by Section 24 ) of the statutes take 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.

SB361,20,17 (End)