AB40: Bill Text

AB40,497,15 46.56 (15) (b) 4. Submit a description of the existing services and other resources in the county or tribe or in the area or areas served by a multi-entity initiative for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this subsection or funds from other sources to develop or expand the initiative.

AB40,862 Section 862. 46.56 (15) (c) of the statutes is amended to read:

AB40,497,21 46.56 (15) (c) In order for a county or tribe or a multi-entity initiative to obtain funds under this subsection, all of the participating agencies and organizations shall provide matching funds that, in total, equal 20% of the requested funding. The match may be cash or in-kind. The department shall determine what may be used as in-kind match.

AB40,863 Section 863. 46.56 (15) (d) of the statutes is amended to read:

AB40,498,2 46.56 (15) (d) In order to apply for funding, a county or tribe or a multi-entity initiative shall have a coordinating committee that meets the requirements under sub. (3) (a) and (b), and, if applicable, sub. (3) (bm) that will carry out the responsibilities under sub. (3) (d).

AB40,864 Section 864. 46.86 (1) of the statutes is amended to read:

AB40,498,18 46.86 (1) From the appropriation under s. 20.435 (7) (5) (md) the department may award not more than $125,500 in each fiscal year as grants to counties and private nonprofit entities for treatment for pregnant women and mothers with alcohol and other drug abuse treatment needs; mothers who have alcohol and other drug abuse treatment needs and dependent children up to the age of 5 years; and the dependent children up to the age of 5 years of those mothers. The grants shall be awarded in accordance with the department's request-for-proposal procedures. The grants shall be used to establish community-based programs, residential family-centered treatment programs or home-based treatment programs. The program under a grant must include alcohol and other drug abuse treatment services, parent education, support services for the children of the women who are enrolled in the program, vocational assistance and housing assistance. Any program funded under this subsection must also provide follow-up aftercare services to each woman and her children for at least 2 years after the date on which a woman has left the program.

AB40,865 Section 865. 46.86 (2m) (b) of the statutes is amended to read:

AB40,498,24 46.86 (2m) (b) From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute not more than $79,500 in each fiscal year for residential long-term treatment for alcohol and other drug abuse, including treatment with respect to family relationships, antisocial behavior and employability, in a treatment facility, as defined in s. 51.01 (19), in a 1st class city.

AB40,866 Section 866. 46.86 (3m) of the statutes is amended to read:

AB40,499,10 46.86 (3m) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $900,000 in each fiscal year to fund a multidisciplinary prevention and treatment team in Milwaukee County for cocaine-abusing women and their children. The multidisciplinary prevention and treatment team must coordinate its activities with other prevention and treatment programs in Milwaukee County for cocaine-abusing women and their children. Residents from other counties may be served by the multidisciplinary prevention and treatment team. The department may carry forward funds distributed under this subsection, but not encumbered by December 31, for distribution for the purpose under this subsection in the following calendar year.

AB40,867 Section 867. 46.86 (5) of the statutes is amended to read:

AB40,499,16 46.86 (5) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $235,000 in each fiscal year as a grant to ARC Community Services, Inc., for women and children in Dane County, to provide funding for staff of the center and transportation and meal expenses for chemically dependent women who receive services from the center.

AB40,868 Section 868. 46.86 (6) (a) (intro.) of the statutes is amended to read:

AB40,499,23 46.86 (6) (a) (intro.) From the appropriation account under s. 20.435 (7) (5) (md), the department may award up to $1,330,800 in each fiscal year, and from the appropriation account under s. 20.435 (5) (gb), the department may award not more than $319,500 in each fiscal year, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

AB40,869 Section 869. 46.90 (5m) (br) 5g. of the statutes is created to read:

AB40,500,3 46.90 (5m) (br) 5g. Refer the case to the department of financial institutions if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14.

AB40,870 Section 870. 46.96 (2) of the statutes is amended to read:

AB40,500,7 46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c) or (kc) to independent living centers for nonresidential services to severely disabled individuals.

AB40,871 Section 871. 47.02 (3m) (p) of the statutes is created to read:

AB40,500,13 47.02 (3m) (p) 1. From the appropriation under s. 20.445 (5) (n), in each fiscal year, allocate $600,000 of moneys received from the federal social security administration for reimbursement of grants to independent living centers. The department shall make grants to independent living centers for nonresidential services to severely disabled individuals as defined in s. 46.96 (1) (b).

AB40,500,16 2. To be eligible to receive a grant under subd. 1., an independent living center shall comply with the requirements under s. 46.96 (3m) (a) 1. to 3. and (am) 1. and 2.

AB40,872 Section 872. 48.06 (1) (title) of the statutes is amended to read:

AB40,500,18 48.06 (1) (title) Counties with a population of 500,000 750,000 or more.

AB40,873 Section 873. 48.06 (1) (a) 1. of the statutes is amended to read:

AB40,501,3 48.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.

AB40,874 Section 874. 48.06 (2) (title) of the statutes is amended to read:

AB40,501,5 48.06 (2) (title) Counties with a population under 500,000 750,000.

AB40,875 Section 875. 48.06 (2) (a) of the statutes is amended to read:

AB40,501,19 48.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069. Intake services shall be provided by employees of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department. Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB40,876 Section 876. 48.06 (3) of the statutes is amended to read:

AB40,501,25 48.06 (3) Intake services. The court, the department in a county having a population of 500,000 750,000 or more, or the county department responsible for providing intake services under s. 48.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB40,877 Section 877. 48.06 (4) of the statutes is amended to read:

AB40,502,9 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569. Counties having a population of less than 500,000 750,000 may use funds received under s. 48.569 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB40,878 Section 878. 48.069 (1) (intro.) of the statutes is amended to read:

AB40,502,15 48.069 (1) (intro.) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter, or, in a county having a population of 500,000 750,000 or more, the department or an agency under contract with the department to provide dispositional services, shall:

AB40,879 Section 879. 48.069 (2) of the statutes is amended to read:

AB40,502,22 48.069 (2) Except in a county having a population of 500,000 750,000 or more, licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested. In a county having a population of 500,000 750,000 or more, the department or, with the approval of the department, a licensed child welfare agency shall provide services under this section.

AB40,880 Section 880. 48.069 (3) of the statutes is amended to read:

AB40,503,2 48.069 (3) A court or county department responsible for disposition staff or, in a county having a population of 500,000 750,000 or more, the department may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB40,881 Section 881. 48.07 (5) (b) 2. of the statutes is amended to read:

AB40,503,18 48.07 (5) (b) 2. On receipt of an application from a prospective court-appointed special advocate, the court-appointed special advocate program, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the court-appointed special advocate program determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the court-appointed special advocate program may require the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identification of the applicant and obtaining the applicant's criminal arrest and conviction record. The court-appointed special advocate program shall keep confidential all information received from the department of justice and the federal bureau of investigation under this subdivision.

AB40,882 Section 882. 48.345 (6m) of the statutes is amended to read:

AB40,504,2 48.345 (6m) If the report prepared under s. 48.33 (1) recommends that the child is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, for a child who is a member of a tribe, as defined in s. 46.56 (1) (q), by for a tribe, the judge may order an assessment of the child and the child's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

AB40,883 Section 883. 48.355 (4) of the statutes is renumbered 48.355 (4) (a) and amended to read:

AB40,504,9 48.355 (4) (a) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in his or her home shall terminate at the end of one year after its entry the date on which the order is entered unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB40,504,15 (b) Except as provided under s. 48.368, an order under this section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places or continues the placement of the child in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when on the latest of the following dates, unless the judge specifies a shorter period or the judge terminates the order sooner:

AB40,504,16 1. The date on which the child reaches 18 years of age, at the end of.

AB40,504,18 2. The date that is one year after its entry, or, if the date on which the order is entered.

AB40,504,23 3. If the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, when the date on which the child reaches 19 years of age, whichever is later, unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB40,505,3 (c) An order under this section or s. 48.357 or 48.365 relating to an unborn child in need of protection or services that is made before the unborn child is born shall terminate at the end of one year after its entry the date on which the order is entered unless the judge specifies a shorter period of time or the judge terminates the order sooner.

AB40,884 Section 884. 48.355 (4) (b) 4. of the statutes is created to read:

AB40,505,7 48.355 (4) (b) 4. If the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child, the date on which the child reaches 21 years of age.

AB40,885 Section 885. 48.357 (6) of the statutes is renumbered 48.357 (6) (a) (intro.) and amended to read:

AB40,505,14 48.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original order, except that if the change in placement is from a placement in the child's home to a placement outside the home the court may extend the expiration date of the original order to the latest of the following dates, unless the court specifies a shorter period:

AB40,505,15 1. The date on which the child reaches 18 years of age, to the.

AB40,505,17 2. The date that is one year after the date of on which the change in placement order, or, if is entered.

AB40,505,21 3. If the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, to the date on which the child reaches 19 years of age, whichever is later, or for a shorter period of time as specified by the court.

AB40,506,2 (b) If the change in placement is from a placement outside the home to a placement in the child's home and if the expiration date of the original order is more than one year after the date of the change in placement order, the court shall shorten the expiration date of the original order to the date that is one year after the date of on which the change in placement order is entered or to an earlier date as specified by the court.

AB40,886 Section 886. 48.357 (6) (a) 4. of the statutes is created to read:

AB40,506,6 48.357 (6) (a) 4. If the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child, the date on which the child reaches 21 years of age.

AB40,887 Section 887. 48.365 (5) of the statutes is renumbered 48.365 (5) (a) and amended to read:

AB40,506,12 48.365 (5) (a) Except as provided in s. 48.368, an order under this section that continues the placement of a child in his or her home or that relates to an unborn child of an adult expectant mother shall be for a specified length of time not to exceed one year after its the date of entry on which the order is entered.

AB40,506,15 (b) Except as provided in s. 48.368, an order under this section that continues the placement of a child in an out-of-home placement shall be for a specified length of time not to exceed the latest of the following dates:

AB40,506,16 1. The date on which the child reaches 18 years of age,.

AB40,506,18 2. The date that is one year after the date of entry of on which the order, or, if is entered.

AB40,506,22 3. If the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, the date on which the child reaches 19 years of age, whichever is later.

AB40,888 Section 888. 48.365 (5) (b) 4. of the statutes is created to read:

AB40,507,3 48.365 (5) (b) 4. If the child is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the child, the date on which the child reaches 21 years of age.

AB40,889 Section 889. 48.385 of the statutes is amended to read:

AB40,507,17 48.385 Plan for transition to independent living. During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the child attains 18 years of age, during the 90 days immediately before the termination of the order, the agency primarily responsible for providing services to the child under the order shall provide the child with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the child, shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

AB40,890 Section 890. 48.43 (7) of the statutes is renumbered 48.43 (7) (a) and amended to read:

AB40,507,24 48.43 (7) (a) If the agency specified under sub. (1) (a) is the department and, the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2).

AB40,508,7 (b) If a permanent adoptive or subsidized guardianship placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department, except that the department may not petition the court to transfer to a county department legal custody of a child who was initially taken into custody under s. 48.195 (1). The court shall transfer the child's legal custody to the county department specified in the petition. The department shall remain the child's guardian.

AB40,891 Section 891. 48.48 (3m) (d) of the statutes is amended to read:

AB40,508,12 48.48 (3m) (d) The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under s. 48.485 (2).

AB40,892 Section 892. 48.48 (8p) of the statutes is amended to read:

AB40,508,21 48.48 (8p) To reimburse tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts exceeds $50,000 in a fiscal year.

AB40,893 Section 893. 48.48 (16m) of the statutes is amended to read:

AB40,509,4 48.48 (16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 500,000 750,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 500,000 750,000 or more.

AB40,894 Section 894. 48.48 (17) (a) (intro.) of the statutes is amended to read:

AB40,509,11 48.48 (17) (a) (intro.) In a county having a population of 500,000 750,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:

AB40,895 Section 895. 48.481 (1) (a) of the statutes is amended to read:

AB40,509,23 48.481 (1) (a) The department shall distribute $497,200 foster care continuation grants in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose. Beginning in fiscal year 2013-14, a county is eligible to receive funding under this paragraph only if the county received such funding in fiscal year 2012-13.

AB40,896 Section 896. 48.481 (2) of the statutes is created to read:

AB40,510,7 48.481 (2) Transition to independent living. The department shall distribute at least $231,700 in each fiscal year to counties for the purpose of assisting individuals who attain the age of 18 while residing in a foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent to make the transition from out-of-home care to independent living. No county may use funds provided under this subsection to replace funds previously used by the county for this purpose.

AB40,897 Section 897. 48.485 of the statutes is renumbered 48.485 (1) and amended to read:

AB40,510,15 48.485 (1) If the department accepts guardianship or legal custody or both from a tribal court under s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2) or under a substantially similar tribal law.

AB40,510,22 (2) If a permanent adoptive or subsidized guardianship placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under s. 48.195 (1).