AB40: Bill Text

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.

AB40,910 Section 910. 48.56 (1) of the statutes is amended to read:

AB40,515,15 48.56 (1) Each county having a population of less than 500,000 750,000 shall provide child welfare services through its county department.

AB40,911 Section 911. 48.561 (title) of the statutes is amended to read:

AB40,515,18 48.561 (title) Child welfare services in a county having a population of 500,000 750,000 or more.

AB40,912 Section 912. 48.561 (1) of the statutes is amended to read:

AB40,515,21 48.561 (1) The department shall provide child welfare services in a county having a population of 500,000 750,000 or more.

AB40,913 Section 913. 48.561 (2) of the statutes is amended to read:

AB40,516,2 48.561 (2) The department shall employ personnel in a county having a population of 500,000 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457.

AB40,914 Section 914. 48.561 (3) (a) (intro.) of the statutes is amended to read:

AB40,516,7 48.561 (3) (a) (intro.) A county having a population of 500,000 750,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

AB40,915 Section 915. 48.561 (3) (b) of the statutes is amended to read:

AB40,516,20 48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 750,000 or more by deducting all or part of that amount from any state payment due that county under s. 79.035, 79.04, or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.035, 79.04, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.437 (1) (kw) are exhausted.

AB40,916 Section 916. 48.563 (1) (a) of the statutes is amended to read:

AB40,516,25 48.563 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b), (cx), (km), and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (3), (4), and (7m) and s. 48.986.

AB40,917 Section 917. 48.563 (3) of the statutes is renumbered 48.487 (6) and amended to read:

AB40,517,8 48.487 (6) Tribal child care. For An elected governing body of an Indian tribe may expend moneys from a grant received under sub. (1m) to provide child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.437 (1) (b) to Indian tribes. An Indian tribe that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

AB40,918 Section 918. 48.563 (4) of the statutes is created to read:

AB40,517,16 48.563 (4) Postreunification services. If a demonstration project authorized under 42 USC 1320a-9 reduces the cost of providing out-of-home care for children in a county having a population of 750,000 or more, from the appropriations under s. 20.437 (1) (cx) and (o) the department may distribute the amount by which that cost is reduced by that demonstration project in each fiscal year to county departments for services for children and families to prevent the reentry of children into out-of-home care.

AB40,919 Section 919. 48.569 (1) (am) of the statutes is amended to read:

AB40,517,20 48.569 (1) (am) The department shall reimburse each county from the appropriations under s. 20.437 (1) (b), (cx), (km), and (o) for children and family services as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.

AB40,920 Section 920. 48.569 (1) (d) of the statutes is amended to read:

AB40,518,10 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (cx), (km), and (o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB40,921 Section 921. 48.57 (3m) (a) 1. of the statutes is amended to read:

AB40,518,19 48.57 (3m) (a) 1. "Child" means a person under 18 years of age or; a person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma; or a person 18 years of age or over, but under 21 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent if an individualized education program under s. 115.787 is in effect for the person.

AB40,922 Section 922. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB40,519,3 48.57 (3m) (am) (intro.) From the appropriation appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $220 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met: