AB40: Bill Text

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).

AB40,898 Section 898. 48.487 (title) of the statutes is amended to read:

AB40,510,24 48.487 (title) Tribal adolescent family services.

AB40,899 Section 899. 48.487 (1m) of the statutes is amended to read:

AB40,511,7 48.487 (1m) Tribal adolescent family services allocation grants. From the appropriation account under s. 20.437 (1) (eg) (bd), the department may allocate $210,000 in each fiscal year to provide the grants specified distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), and (4m) (b), (5) (b), (6), and (7) as determined by that body.

AB40,900 Section 900. 48.487 (2) of the statutes is amended to read:

AB40,511,18 48.487 (2) Adolescent self-sufficiency services. From the allocation under sub. (1m), the department may provide a grant annually in the amount of $85,000 to the An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide services for adolescent parents which. Those services shall emphasize high school graduation and vocational preparation, training, and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The Indian tribe seeking to receive a grant to provide these An Indian tribe that provides those services shall develop a proposed service plan that is approved by the department.

AB40,901 Section 901. 48.487 (3) (b) of the statutes is amended to read:

AB40,512,2 48.487 (3) (b) From the allocation under sub. (1m), the department may provide a grant annually in the amount of $65,000 to the An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide to high-risk adolescents pregnancy and parenthood prevention services which to high-risk adolescents. Those services shall be structured so as to increase the development of decision-making and communications skills, promote graduation from high school, and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention.

AB40,902 Section 902. 48.487 (4m) (title) of the statutes is amended to read:

AB40,512,4 48.487 (4m) (title) Adolescent choices project grants projects.

AB40,903 Section 903. 48.487 (4m) (b) (intro.) of the statutes is amended to read:

AB40,512,12 48.487 (4m) (b) (intro.) From the allocation under sub. (1m), the department may provide a grant annually in the amount of $60,000 to the An elected governing body of an Indian tribe for the provision of may expend moneys from a grant received under sub. (1m) to provide information to members of the Indian tribe in order to increase community knowledge about the problems of adolescents and to provide information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

AB40,904 Section 904. 48.487 (4m) (c) of the statutes is amended to read:

AB40,512,20 48.487 (4m) (c) Each funded tribal project An Indian tribe that provides services under par. (b) shall provide those services in areas an area of the state as that is approved by the Indian tribe and the department. The department shall determine the boundaries of the regional areas prior to soliciting project grant applications regions in this state within which the Indian tribes may provide services under par. (b) before approving the service area of an Indian tribe under this paragraph.

AB40,905 Section 905. 48.487 (4m) (d) of the statutes is amended to read:

AB40,513,2 48.487 (4m) (d) Prior to making grants to applying Indian tribes under par. (b) approving the service area of an Indian tribe under par. (c), the department shall consider whether and how the applying Indian tribe proposes to coordinate its services with other public or private resources, programs, or activities in the region and the state.

AB40,906 Section 906. 48.487 (4m) (e) of the statutes is amended to read:

AB40,513,7 48.487 (4m) (e) The department shall work closely with the women's council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities under projects funded by the program conducted under par. (b).

AB40,907 Section 907. 48.487 (5) of the statutes is created to read:

AB40,513,9 48.487 (5) Domestic abuse services. (a) In this subsection:

AB40,513,14 1. "Domestic abuse" means physical abuse, including a violation of s. 940.225 (1), (2), or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.

AB40,513,15 2. "Domestic abuse services" means any of the following:

AB40,513,16 a. Shelter facilities or private home shelter care.

AB40,513,17 b. Advocacy and counseling for victims.

AB40,513,18 c. A 24-hour telephone service.

AB40,513,19 d. Community education.

AB40,513,21 3. "Family member" means a spouse, a parent, a child, or a person related by blood or adoption to another person.

AB40,513,23 4. "Household member" means a person currently or formerly residing in a place of abode with another person.

AB40,514,4 (b) Subject to pars. (c) and (d), an elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide domestic abuse services. If an elected governing body of an Indian tribe expends those moneys for those services, the body shall provide matching funds or in-kind contributions in an amount to be determined by the department. The department shall establish guidelines regarding the types of contributions that qualify as in-kind contributions.

AB40,514,11 (c) An elected governing body of an Indian tribe may provide shelter facilities only if the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. An elected governing body of an Indian tribe may provide shelter facilities or private home shelter care only if the body ensures that the following services will be provided either by that Indian tribe or by another person:

AB40,514,12 1. A 24-hour telephone service.

AB40,514,13 2. Temporary housing and food.

AB40,514,14 3. Advocacy and counseling for victims.

AB40,514,15 4. Referral and follow-up services.

AB40,514,16 5. Arrangements for education of school-age children.

AB40,514,17 6. Emergency transportation to the shelter.

AB40,514,18 7. Community education.

AB40,514,21 (d) An Indian tribe that provides domestic abuse services under this subsection shall report all of the following information to the department by February 15 annually:

AB40,514,23 1. The total expenditures that the Indian tribe made on domestic abuse services in the previous tribal fiscal year.

AB40,514,25 2. The expenditures specified in subd. 1. by general category of domestic abuse services provided.

AB40,515,2 3. The number of persons served in the previous tribal fiscal year by general type of domestic abuse service.

AB40,515,5 4. The number of persons who were in need of domestic abuse services in the previous tribal fiscal year but who did not receive the domestic abuse services that they needed.

AB40,908 Section 908. 48.487 (7) of the statutes is created to read:

AB40,515,9 48.487 (7) Child welfare services. An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide child welfare services as authorized under 42 USC 621 to 628b.

AB40,909 Section 909. 48.56 (title) of the statutes is amended to read:

AB40,515,12 48.56 (title) Child welfare services in counties having populations of less than 500,000 750,000.