SB21: Bill Text

SB21,682,18 48.366 (3) (am) 1. The agency primarily responsible for providing services under the agreement shall petition the court for a determination that the person's placement in out-of-home care under the agreement is in the best interests of the person. The request shall contain the name and address of the placement and a statement describing why the placement is in the best interests of the person and shall have a copy of the agreement attached to it. The agency shall cause written notice of the petition to be sent to the person who is the subject of the agreement and the person's guardian.

SB21,682,23 2. On receipt of a petition under subd. 1., the court shall schedule a hearing on the petition. Not less than 3 days before the hearing the agency primarily responsible for providing services under the agreement or the court shall provide notice of the hearing to all persons who are entitled to receive notice under subd. 1. A copy of the petition shall be attached to the notice.

SB21,683,2 3. If the court finds that the person's placement in out-of-home care under the agreement is in the best interests of the person, the court shall grant an order determining that placement in out-of-home care under the agreement is in the best interests of the person.

SB21,1657 Section 1657. 48.366 (3) (d) of the statutes is created to read:

SB21,683,9 48.366 (3) (d) If the agency that enters into a voluntary agreement under this subsection is the department or a county department, the voluntary agreement shall also specifically state that the department or the county department has placement and care responsibility for the person who is the subject of the agreement as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the person.

SB21,1658 Section 1658. 48.366 (3g) of the statutes is created to read:

SB21,683,14 48.366 (3g) Appeal procedures. (a) Any person who is aggrieved by the failure of an agency to enter into a transition-to-independent-living agreement under sub. (3) or by an agency's termination of such an agreement has the right to a contested case hearing under ch. 227.

SB21,1659 Section 1659. 48.366 (4) (a) of the statutes is amended to read:

SB21,683,19 48.366 (4) (a) Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in sub. (1) (a) or a voluntary agreement under sub. (3).

SB21,1660 Section 1660. 48.38 (1) (ad) of the statutes is created to read:

SB21,683,22 48.38 (1) (ad) "Child" includes a person 18 years of age or over for whom a permanency plan is required under sub. (2).

SB21,1661 Section 1661. 48.38 (2) (d) of the statutes is amended to read:

SB21,684,3 48.38 (2) (d) The child was placed under a voluntary agreement between the agency and the child's parent under s. 48.63 (1) (a) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 48.366 (3).

SB21,1662 Section 1662. 48.38 (4) (fg) 5. of the statutes is amended to read:

SB21,684,8 48.38 (4) (fg) 5. As provided in par. (fm), placement in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or the goal of transitioning the child to independence.

SB21,1663 Section 1663. 48.38 (4) (fg) 6. of the statutes is repealed.

SB21,1664 Section 1664. 48.38 (4) (fm) of the statutes is amended to read:

SB21,684,21 48.38 (4) (fm) If the agency determines that there is a compelling reason why it currently would not be in the best interests of the child to return the child to his or her home or to place the child for adoption, with a guardian, or with a fit and willing relative as the permanency goal for the child, the permanency goal of placing the child in some other planned permanent living arrangement or of transitioning the child to independence as described in par. (fg) 5. If the agency makes that determination, the plan shall include the efforts made to achieve that permanency goal, including, if appropriate, through an out-of-state placement, a statement of that compelling reason, and, notwithstanding that compelling reason, a concurrent plan under s. 48.355 (2b) towards achieving a goal under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency goal under par. (fg) 5.

SB21,1665 Section 1665. 48.38 (5) (a) of the statutes is amended to read:

SB21,685,9 48.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan for each child for whom a permanency plan is required under sub. (2) in the manner provided in this subsection not later than 6 months after the date on which the child was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the child is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the child was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the court shall hold a hearing under sub. (5m) to review the permanency plan, which hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 48.358.

SB21,1666 Section 1666. 48.38 (5) (c) 6. d. of the statutes is amended to read:

SB21,685,14 48.38 (5) (c) 6. d. Being placed in some other planned permanent living arrangement that includes an appropriate, enduring relationship with an adult, including sustaining care or long-term foster care, but not including independent living, or transitioning to independence.

SB21,1667 Section 1667. 48.38 (5) (c) 9. of the statutes is amended to read:

SB21,685,23 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. or of a voluntary transition-to-independent-living agreement under s. 48.366 (3), 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.

SB21,1668 Section 1668. 48.38 (5m) (a) of the statutes is amended to read:

SB21,686,7 48.38 (5m) (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) for each child for whom a permanency plan is required under sub. (2) no later than 12 months after the date on which the child was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the child is placed outside the home. The 12-month periods referred to in this paragraph include trial reunifications under s. 48.358.

SB21,1669 Section 1669. 48.385 of the statutes is amended to read:

SB21,686,24 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, 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 that terminates under s. 48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement 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.

SB21,1670 Section 1670. 48.47 (7g) of the statutes is amended to read:

SB21,687,18 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also transfer information that is maintained in the system to a court under s. 48.396 (3) (bm), and the court and the director of state courts may allow access to that information as provided in s. 48.396 (3) (c) 2.

SB21,1671 Section 1671. 48.47 (10) of the statutes is created to read:

SB21,687,23 48.47 (10) Delinquent juveniles. Subject to s. 301.03 (9) and (10), execute the laws relating to the detention, reformation, and correction of delinquent juveniles and promote the enforcement of laws for the protection of those juveniles by doing all of the following:

SB21,688,2 (a) Cooperating with courts, the department of corrections, county departments, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent juveniles.

SB21,688,5 (b) Establishing and enforcing standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent.

SB21,1672 Section 1672. 48.48 (1) of the statutes is amended to read:

SB21,688,15 48.48 (1) To promote the enforcement of the laws relating to nonmarital children, delinquent juveniles, children and juveniles in need of protection or services, including developmentally disabled children , and unborn children in need of protection or services and to take the initiative in all matters involving the interests of those children, juveniles, and unborn children when adequate provision for those interests is not made. This duty shall be discharged in cooperation with the courts, the department of corrections, county departments, licensed child welfare agencies and with, parents, expectant mothers, and other individuals interested in the welfare of children, juveniles, and unborn children.

SB21,1673 Section 1673. 48.48 (4) of the statutes is amended to read:

SB21,688,23 48.48 (4) In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, to study causes and methods of prevention and treatment of problems among children and families , delinquency, and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other appropriate agencies and state departments.

SB21,1674 Section 1674. 48.48 (8p) of the statutes is amended to read:

SB21,689,9 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, other than placements to which sub. (8r) applies, 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, other than placements to which sub. (8r) applies, exceeds $50,000 in a fiscal year.

SB21,1675 Section 1675. 48.48 (19) of the statutes is created to read:

SB21,689,16 48.48 (19) To purchase or provide treatment and services for children who are the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a commercial sex act, as defined in s. 940.302 (1) (a). Within the availability of funding under s. 20.437 (1) (e), the department shall ensure that that treatment and those services are available to children in all geographic areas of the state, including both urban and rural communities.

SB21,1676 Section 1676. 48.526 (title) of the statutes is created to read:

SB21,689,18 48.526 (title) Community youth and family aids.

SB21,1677 Section 1677. 48.526 (1) of the statutes is created to read:

SB21,690,2 48.526 (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and shall provide consultation and technical assistance to aid counties in the implementation and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section.

SB21,1678 Section 1678. 48.526 (7) (h) of the statutes, as affected by 2015 Wisconsin Act .... (this act), sections 4291 and 4292, is amended to read:

SB21,690,21 48.526 (7) (h) For counties that are participating in the corrective sanctions program purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2015 2017, $2,124,800 in 2016 2018, and $1,062,400 in the first 6 months of 2017 2019 for the provision of corrective sanctions community supervision services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county distribute to each county the full amount of the charges for the services purchased by that county, except that if the amounts available under this paragraph are insufficient to distribute that full amount, the department shall distribute those available amounts to each county that purchases community supervision services based on the ratio that the charges to that county for those services bear to the total charges to all counties that purchase those services.

SB21,1679 Section 1679. 48.563 (2) of the statutes is amended to read:

SB21,690,25 48.563 (2) Basic county allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $66,475,500 $68,264,800 in each fiscal year 2015-16 and $68,327,900 in fiscal year 2016-17.

SB21,1680 Section 1680. 48.569 (2) (a) of the statutes is amended to read:

SB21,691,9 48.569 (2) (a) The county treasurer and each director of a county department shall monthly certify under oath to the department, in the manner the department prescribes, the claim of the county for state reimbursement under this section, and if the department approves the claim it shall certify to the department of administration for reimbursement to the county for amounts due under this section and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

SB21,1681 Section 1681. 48.57 (3m) (a) 1. of the statutes is renumbered 48.57 (3m) (a) 1. (intro.) and amended to read:

SB21,691,13 48.57 (3m) (a) 1. (intro.) "Child" means a person under 18 years of age;. "Child" also includes a person 18 years of age or over, but if any of the following applies:

SB21,691,18 a. The person is 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.

SB21,692,2 b. The person is 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, and the person is placed in the home of the kinship care relative 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 person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

SB21,1682 Section 1682. 48.57 (3m) (ar) of the statutes is renumbered 48.57 (3m) (i) 1. and amended to read:

SB21,692,10 48.57 (3m) (i) 1. The department shall promulgate rules Rules to provide assessment criteria for determining whether a kinship care relative who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

SB21,1683 Section 1683. 48.57 (3m) (b) 1. of the statutes is amended to read:

SB21,692,16 48.57 (3m) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

SB21,1684 Section 1684. 48.57 (3m) (i) of the statutes is created to read:

SB21,692,19 48.57 (3m) (i) The department shall promulgate rules to implement this subsection. Those rules shall include all of the following:

SB21,692,21 2. Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

SB21,1685 Section 1685. 48.57 (3n) (a) 1. of the statutes is renumbered 48.57 (3n) (a) 1. (intro.) and amended to read:

SB21,692,25 48.57 (3n) (a) 1. (intro.) "Child" means a person under 18 years of age;. "Child" also includes a person 18 years of age or over, but if any of the following applies:

SB21,693,5 a. The person is 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.

SB21,693,13 b. The person is 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, and the person is placed in the home of the long-term kinship care relative 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 person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

SB21,1686 Section 1686. 48.57 (3n) (b) 1. of the statutes is amended to read:

SB21,693,19 48.57 (3n) (b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

SB21,1687 Section 1687. 48.57 (3n) (i) of the statutes is created to read:

SB21,693,24 48.57 (3n) (i) The department shall promulgate rules to implement this subsection. Those rules shall include rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

SB21,1688 Section 1688. 48.599 (1) of the statutes is renumbered 48.599 (1r).

SB21,1689 Section 1689. 48.599 (1g) of the statutes is created to read:

SB21,694,12 48.599 (1g) "Child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child placed in a residential care center for children and youth operated by a child welfare agency and of counting the number of children for whom a child welfare agency may provide such care and maintenance, "child" also includes a person 18 years of age or over, but under 21 years of age, who is placed in a residential care center for children and youth operated by a child welfare agency under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv).

SB21,1690 Section 1690. 48.619 (intro.) of the statutes is renumbered 48.619 and amended to read:

SB21,694,24 48.619 Definition. In this subchapter, "child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child and 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 under 21 years of age, who resides in the foster home or group home, if any of the following applies: under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv).

SB21,1691 Section 1691. 48.619 (1) of the statutes is repealed.

SB21,1692 Section 1692. 48.619 (2) of the statutes is repealed.

SB21,1693 Section 1693. 48.623 (1m) of the statutes is created to read:

SB21,695,5 48.623 (1m) Duration of eligibility. Subsidized guardianship payments under sub. (1) or (6) may be continued after the child attains 18 years of age if any of the following applies:

SB21,695,8 (a) The child is under 19 years of age, 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.

SB21,695,16 (b) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of those payments as determined by the county department or, in a county having a population of 750,000 or more, the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

SB21,695,21 (c) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age.

SB21,1694 Section 1694. 48.623 (7) (d) of the statutes is created to read:

SB21,695,24 48.623 (7) (d) Rules governing the provision of subsidized guardianship payments for the care of a child after the child attains 18 years of age.

SB21,1695 Section 1695. 48.685 (6) (a) of the statutes is amended to read:

SB21,696,20 48.685 (6) (a) The Except as provided in this paragraph, the department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under s. 48.62, and the department in a county having a population of 750,000 or more or a county department shall require any person who applies for subsidized guardianship payments under s. 48.623 (6), and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department. The department shall require any person who applies for issuance, but not continuation, of a license to operate a child care center under s. 48.65, a school board shall require any person who proposes to contract, but not renew a contract, with the school board under s. 120.13 (14), and the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification, but not renewal of that certification, under s. 48.651 to complete a background information form that is provided by the department.

SB21,1696 Section 1696. 48.685 (6) (am) of the statutes is amended to read: