AB570: Bill Text

AB570,20 Section 20. 48.38 (2) (g) of the statutes is amended to read:

AB570,18,7 48.38 (2) (g) The child's parent is placed in a foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, or supervised independent living arrangement and the child is residing with that parent.

AB570,21 Section 21. 48.38 (4) (ar) of the statutes is renumbered 48.38 (4) (ar) (intro.) and amended to read:

AB570,18,17 48.38 (4) (ar) (intro.) A description of the services offered and any services provided in an effort to prevent the removal of the child from his or her home, while assuring that the health and safety of the child are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the child to prevent the removal of the child from the home or to achieve the permanency goal of returning the child safely to his or her home if any of the following applies:

AB570,18,19 1. Any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent.

AB570,22 Section 22. 48.38 (4) (ar) 2. of the statutes is created to read:

AB570,18,21 48.38 (4) (ar) 2. The child has attained 18 years of age.

AB570,23 Section 23. 48.38 (4) (fg) 6. of the statutes is created to read:

AB570,18,24 48.38 (4) (fg) 6. If the child has attained 18 years of age, transition to independent living.

AB570,24 Section 24. 48.38 (5) (c) 9. of the statutes is created to read:

AB570,19,7 48.38 (5) (c) 9. If the child is the subject of an order that terminates as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4. or 48.365 (5) (b) 4., the appropriateness of the transition-to-independent-living plan developed under s. 48.385; the extent of compliance with that plan by the child, the child's guardian, if any, the agency primarily responsible for providing services under that plan, and any other service providers; and the progress of the child toward making the transition to independent living.

AB570,25 Section 25. 48.385 of the statutes is amended to read:

AB570,19,22 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, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, or 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) or 938.355 (4) (b) 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.

AB570,26 Section 26. 48.44 (1) of the statutes is renumbered 48.44 and amended to read:

AB570,20,3 48.44 Jurisdiction over persons 17 or older. The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB570,27 Section 27. 48.44 (2) of the statutes is repealed.

AB570,28 Section 28. 48.48 (17) (c) 4. of the statutes is amended to read:

AB570,20,7 48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center for children and youth or in a supervised independent living arrangement.

AB570,29 Section 29. 48.481 (2) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

AB570,20,16 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, or in a supervised independent living arrangement 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.

AB570,30 Section 30. 48.57 (3) (a) 4. of the statutes is amended to read:

AB570,20,20 48.57 (3) (a) 4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home or in a supervised independent living arrangement.

AB570,31 Section 31. 48.57 (3m) (a) 1. of the statutes is amended to read:

AB570,21,4 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.

AB570,32 Section 32. 48.57 (3n) (a) 1. of the statutes is amended to read:

AB570,21,13 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.

AB570,33 Section 33. 48.57 (3n) (am) 6. a. of the statutes is amended to read:

AB570,21,25 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 is granted a high school or high school equivalency diploma or the date on which the child attains the age of 21 years, whichever occurs first.

AB570,34 Section 34. 48.619 of the statutes is renumbered 48.619 (intro.) and amended to read:

AB570,22,7 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 resides in the foster home or group home, if any of the following applies:

AB570,22,12 (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.

AB570,35 Section 35. 48.619 (2) of the statutes is created to read:

AB570,22,16 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.

AB570,36 Section 36. 48.64 (4) (a) of the statutes is amended to read:

AB570,23,25 48.64 (4) (a) Any Except as provided in par. (d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB570,37 Section 37. 48.64 (4) (c) of the statutes is amended to read:

AB570,24,14 48.64 (4) (c) The Except as provided in par. (d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent, the foster parent or relative may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB570,38 Section 38. 48.64 (4) (d) of the statutes is created to read:

AB570,24,19 48.64 (4) (d) No decision or order to change the placement of a child who is in out-of-home care under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3) may be appealed to the department under par. (a) or reviewed by the circuit court under par. (c).

AB570,39 Section 39. 48.645 (1) (intro.) of the statutes is amended to read:

AB570,25,2 48.645 (1) Definition. (intro.) In this section, "dependent child" means a child under the age of 18 or, 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, is under the age of 19, or, if the child is a full-time student at a secondary school or its vocational or technical equivalent for whom an individualized educational program under s. 115.787 is in effect, is under 21 years of age, who meets all of the following conditions:

AB570,40 Section 40. 48.645 (1) (a) of the statutes is amended to read:

AB570,25,13 48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, or in a residential care center for children and youth licensed under s. 48.60, or in a supervised independent living arrangement and has been placed in the foster home, group home, subsidized guardianship that home, or center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.

AB570,41 Section 41. 48.645 (2) (a) 3. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB570,25,25 48.645 (2) (a) 3. A county or, in a county having a population of 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, or in a supervised independent living arrangement 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.

AB570,42 Section 42. 48.645 (2) (b) of the statutes is amended to read:

AB570,26,9 48.645 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home licensed by a governing body of an Indian tribe, for placement of a child in a foster home, group home, subsidized guardianship home, or residential care center for children and youth, or supervised independent living arrangement by a governing body of an Indian tribe or its designee, or for the placement of a child who is a ward of a tribal court if the governing body of the Indian tribe of the tribal court is receiving or is eligible to receive funds from the federal government for that type of placement.

AB570,43 Section 43. 48.685 (1) (am) of the statutes is amended to read:

AB570,26,12 48.685 (1) (am) "Client" means a child person who receives direct care or treatment services from an entity or from a caregiver specified in par. (ag) 1. am.

AB570,44 Section 44. 48.78 (2) (d) 3. of the statutes is repealed.

AB570,45 Section 45. 146.82 (2) (a) 18m. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB570,27,12 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in a supervised independent living arrangement, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in a supervised independent living arrangement is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB570,46 Section 46. 227.03 (4) of the statutes is amended to read:

AB570,27,19 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, extended supervision, or probation, the grant of probation, prison discipline, mandatory release under s. 302.11, or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB570,47 Section 47. 252.15 (3m) (d) 15. of the statutes is amended to read:

AB570,28,14 252.15 (3m) (d) 15. If the subject of the HIV test is a child who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), or in a supervised independent living arrangement, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in a supervised independent living arrangement is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB570,48 Section 48. 301.03 (9) of the statutes is amended to read:

AB570,28,17 301.03 (9) Supervise all persons placed under s. 48.366 (8) or 938.183 in a state prison.

AB570,49 Section 49. 301.12 (2) of the statutes is amended to read:

AB570,29,15 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow, or minor, or an incapacitated person, may be lawfully dependent upon the property for their his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons that person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB570,50 Section 50. 301.26 (4) (a) of the statutes is amended to read:

AB570,30,2 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd) for the costs of care, services, and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services, and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within those 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB570,51 Section 51. 301.26 (4) (b) of the statutes is amended to read:

AB570,30,18 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and ch. 938 for each person receiving services from the department of corrections under s. 48.366, 938.183 , or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB570,52 Section 52. 301.26 (4) (c) of the statutes is amended to read:

AB570,30,25 301.26 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB570,53 Section 53. 301.26 (4) (cm) 2. of the statutes is repealed.

AB570,54 Section 54. 301.26 (4) (d) 1m. of the statutes is amended to read:

AB570,31,6 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss. 48.366 and s. 938.183, all payments and deductions made under this subsection and uniform fee collections made under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

AB570,55 Section 55. 302.11 (1) of the statutes is amended to read:

AB570,31,13 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1z), and (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB570,56 Section 56. 302.11 (10) of the statutes is repealed.

AB570,57 Section 57. 302.17 (2) of the statutes is amended to read:

AB570,31,20 302.17 (2) The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole or extended supervision, condition at the time of release on parole or extended supervision and progress made while on parole or extended supervision. This subsection does not apply to inmates subject to an order under s. 48.366.

AB570,58 Section 58. 302.17 (3) of the statutes is repealed.

AB570,59 Section 59. 302.255 of the statutes is repealed.

AB570,60 Section 60. 302.31 (7) of the statutes is amended to read:

AB570,32,4 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB570,61 Section 61. 304.15 of the statutes is repealed.

AB570,62 Section 62. 767.405 (8) (b) 1. of the statutes is amended to read:

AB570,32,8 767.405 (8) (b) 1. That a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).

AB570,63 Section 63. 767.405 (10) (e) 1. of the statutes is amended to read:

AB570,32,11 767.405 (10) (e) 1. There is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).

AB570,64 Section 64. 767.41 (2) (b) 2. c. of the statutes is amended to read:

AB570,32,20 767.41 (2) (b) 2. c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.

AB570,65 Section 65. 767.41 (5) (am) 12. of the statutes is amended to read:

AB570,32,23 767.41 (5) (am) 12. Whether there is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2) 813.122 (1) (b).

AB570,66 Section 66. 905.045 (1) (a) of the statutes is amended to read:

AB570,33,4 905.045 (1) (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a), of a child, as defined in s. 48.02 (2) 813.122 (1) (b), interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual assault under s. 940.225.