AB40: Bill Text

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:

AB40,923 Section 923. 48.57 (3n) (a) 1. of the statutes is amended to read:

AB40,519,12 48.57 (3n) (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.

AB40,924 Section 924. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB40,519,22 48.57 (3n) (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 monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) of $220 per month to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB40,925 Section 925. 48.57 (3n) (am) 6. a. of the statutes is amended to read:

AB40,520,8 48.57 (3n) (am) 6. a. The date on which the child attains the age of 18 years; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first; or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for the child, the date on which the child attains the age of 21 years.

AB40,926 Section 926. 48.57 (3p) (d) of the statutes is amended to read:

AB40,520,21 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person'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 identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB40,927 Section 927. 48.619 of the statutes is renumbered 48.619 (intro.) and amended to read:

AB40,521,4 48.619 Definition. (intro.) In this subchapter, "child" means a person under 18 years of age and also includes, for. For purposes of counting the number of children for whom a foster home or group home may provide care and maintenance, "child" also includes a person 18 years of age or over, but who was residing in the foster home or group home immediately prior to his or her 18th birthday and who continues to reside in that foster home or group home, if any of the following applies:

AB40,521,9 (1) The person is under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who and is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home or group home.

AB40,928 Section 928. 48.619 (2) of the statutes is created to read:

AB40,521,13 48.619 (2) The person is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and an individualized education program under s. 115.787 is in effect for the person.

AB40,929 Section 929. 48.62 (4) of the statutes is amended to read:

AB40,522,10 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2010 2014, the rates are $215 $226 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than such level one care, $349 $375 for a child under 5 years of age; $381 $410 for a child 5 to 11 years of age; $433 $466 for a child 12 to 14 years of age; and $452 $487 for a child 15 years of age or over. Beginning on January 1, 2011 2015, the rates are $220 $232 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than such level one care, $366 $384 for a child under 5 years of age; $400 $420 for a child 5 to 11 years of age; $455 $478 for a child 12 to 14 years of age; and $475 $499 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

AB40,930 Section 930. 48.623 (1) (intro.) of the statutes is amended to read:

AB40,523,2 48.623 (1) Eligibility. (intro.) A county department or, in a county having a population of 750,000 or more as provided in sub. (3) (a), the department shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law if the county department or department determines that the conditions specified in pars. (a) to (d) have been met. A county department or, in a county having a population of 750,000 or more as provided in sub. (3) (a), the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in par. (a), if the county department or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department or, in a county having a population of 750,000 or more, the department, whichever will be providing those payments, determines that all of the following apply:

AB40,931 Section 931. 48.623 (3) (a) of the statutes is amended to read:

AB40,523,12 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). The county department shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1) (d). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (dd) and (pd). In any other county, the county department shall provide those payments from moneys received under s. 48.569 (1) (d).

AB40,932 Section 932. 48.623 (3) (b) of the statutes is amended to read:

AB40,523,22 48.623 (3) (b) The county department or, as provided in par. (a), the department shall determine the amount of a monthly payment under sub. (1) or (6) for the care of a child shall equal based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted or a lesser amount if agreed to by the guardian and specified in the agreement under sub. (2) (b). A guardian or an interim caretaker who receives a monthly payment under sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

AB40,933 Section 933. 48.645 (2) (a) 2. of the statutes is amended to read:

AB40,524,6 48.645 (2) (a) 2. A county or, in a county having a population of 500,000 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when the child is placed in a licensed residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.

AB40,934 Section 934. 48.645 (2) (a) 3. of the statutes is amended to read:

AB40,524,17 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 750,000 or more, the department, when the child is placed in a licensed foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.

AB40,935 Section 935. 48.651 (1) (intro.) of the statutes is amended to read:

AB40,525,6 48.651 (1) (intro.) No Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:

AB40,936 Section 936. 48.659 of the statutes is amended to read:

AB40,525,16 48.659 Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives reimbursement payment under s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department's Internet site.

AB40,937 Section 937. 48.685 (2) (bm) of the statutes is amended to read:

AB40,526,10 48.685 (2) (bm) If the person who is the subject of the search under par. (am), (ar), or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, contracted agency, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1., (ar), or (b) 1. a. The department, county department, contracted agency, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person'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 identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.