AB794,7 25Section 7 . 48.66 (2m) (a) 1. of the statutes is amended to read:
AB794,5,10
148.66 (2m) (a) 1. Except as provided in subd. 2., the department shall require
2each applicant for a license under sub. (1) (a) to operate a child welfare agency,
3secured residential care center for children and youth, group home, shelter care
4facility, or child care center who is an individual to provide that the department with
5the applicant's social security number, and shall require each applicant for a license
6under sub. (1) (a) to operate a child welfare agency, secured residential care center
7for children and youth,
group home, shelter care facility, or child care center who is
8not an individual to provide that the department with the applicant's federal
9employer identification number, when initially applying for or applying to continue
10the license.
AB794,8 11Section 8 . 48.66 (2m) (am) of the statutes is repealed.
AB794,9 12Section 9 . 48.66 (2m) (b) of the statutes is amended to read:
AB794,5,2113 48.66 (2m) (b) If an applicant who is an individual fails to provide the
14applicant's social security number to the department or if an applicant who is not an
15individual fails to provide the applicant's federal employer identification number to
16the department, that the department may not issue or continue a license under sub.
17(1) (a) to operate a child welfare agency, secured residential care center for children
18and youth,
group home, shelter care facility, or child care center to or for the applicant
19unless the applicant is an individual who does not have a social security number and
20the applicant submits a statement made or subscribed under oath or affirmation as
21required under par. (a) 2.
AB794,10 22Section 10 . 48.66 (2m) (bm) of the statutes is repealed.
AB794,11 23Section 11. 48.66 (2m) (cm) of the statutes is repealed.
AB794,12 24Section 12. 48.67 (intro.) of the statutes is amended to read:
AB794,6,15
148.67 Rules governing child welfare agencies, secured residential care
2centers for children and youth,
child care centers, foster homes, group
3homes, shelter care facilities, and county departments.
(intro.) The
4department shall promulgate rules establishing minimum requirements for the
5issuance of licenses to, and establishing standards for the operation of, child welfare
6agencies, secured residential care centers for children and youth, child care centers,
7foster homes, group homes, shelter care facilities, and county departments. Those
8rules shall be designed to protect and promote the health, safety, and welfare of the
9children in the care of all licensees. The department shall consult with the
10department of safety and professional services, the department of public instruction,
11and the child abuse and neglect prevention board , and, for rules pertaining to
12secured residential care centers for children and youth, the department of
13corrections
before promulgating those rules. For foster homes, those rules shall
14include the rules promulgated under s. 48.62 (8). Those rules shall include rules that
15require all of the following:
AB794,13 16Section 13. 48.67 (3) (c) of the statutes is amended to read:
AB794,7,317 48.67 (3) (c) That all staff members of a shelter care facility or a secured
18residential care center for children and youth
who provide care and supervision for
19children have current proficiency in the use of an automated external defibrillator,
20as defined in s. 256.15 (1) (cr), achieved through instruction provided by an
21individual, organization, or institution of higher education that is approved under
22s. 46.03 (38) to provide such instruction or through instruction obtained in
23connection with military service, as defined in s. 111.32 (12g), if the staff member or
24shelter care facility demonstrates to the satisfaction of the department that the
25instruction obtained in that connection is substantially equivalent to the instruction

1provided by a person approved under s. 46.03 (38), and that all shelter care facilities
2have readily available on the premises of the shelter care facility a staff member or
3other person who has that proficiency.
AB794,14 4Section 14. 48.67 (5) of the statutes is amended to read:
AB794,7,175 48.67 (5) That all child welfare agencies that operate a residential care center
6for children and youth, all group homes, all secured residential care centers for
7children and youth,
and all shelter care facilities employ on the site of the center,
8group home, or shelter care facility at all times a staff member designated as an
9out-of-home care provider for purposes of making decisions concerning the
10participation of a child placed in the center, group home, or shelter care facility in age
11or developmentally appropriate activities. Those rules shall also require an
12out-of-home care provider so designated to receive training in knowledge and skills
13relating to the use of the reasonable and prudent parent standard in making
14decisions concerning a child's participation in age or developmentally appropriate
15activities. In addition, those rules shall require an out-of-home care provider so
16trained to make reasonable and prudent parenting decisions in accordance with the
17reasonable and prudent parent standard.
AB794,15 18Section 15. 48.715 (6) of the statutes is amended to read:
AB794,8,819 48.715 (6) The department shall deny, suspend, restrict, refuse to renew, or
20otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s.
2148.69 to operate a child welfare agency, secured residential care center for children
22and youth,
group home, shelter care facility, or child care center , and the department
23of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a
24license under s. 48.66 (1) (b) to operate a secured residential care center for children
25and youth,
for failure of the applicant or licensee to pay court-ordered payments of

1child or family support, maintenance, birth expenses, medical expenses, or other
2expenses related to the support of a child or former spouse or for failure of the
3applicant or licensee to comply, after appropriate notice, with a subpoena or warrant
4issued by the department or a county child support agency under s. 59.53 (5) and
5related to paternity or child support proceedings, as provided in a memorandum of
6understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
7taken under this subsection is subject to review only as provided in the memorandum
8of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB794,16 9Section 16 . 49.343 (title) of the statutes is amended to read:
AB794,8,12 1049.343 (title) Rates for residential care centers, secured residential
11care centers for children and youth,
group homes, and child welfare
12agencies.
AB794,17 13Section 17 . 49.343 (1d) (e) of the statutes is created to read:
AB794,8,1514 49.343 (1d) (e) “Secured residential care center for children and youth” has the
15meaning given in s. 48.02 (16m).
AB794,18 16Section 18 . 49.343 (1g) of the statutes is amended to read:
AB794,9,417 49.343 (1g) Establishment of rates. For services provided beginning on
18January 1, 2011, the department shall establish the per client rate that a residential
19care center for children and youth, secured residential care center for children and
20youth,
or a group home may charge for its services, and the per client administrative
21rate that a child welfare agency may charge for the administrative portion of its
22foster care services, as provided in this section. In establishing rates for a placement
23specified in s. 938.357 (4) (b) 1. or 2. or (c) 1. or 2., the department shall consult with
24the department of corrections. A residential care center for children and youth, a
25secured residential care center for children and youth,
and a group home shall charge

1all purchasers the same rate for the same services and a child welfare agency shall
2charge all purchasers the same administrative rate for the same foster care services.
3The department shall determine the levels of care created under the rules
4promulgated under s. 48.62 (8) to which this section applies.
AB794,19 5Section 19 . 49.343 (2) (a) and (b) 2. of the statutes are amended to read:
AB794,9,166 49.343 (2) (a) By October 1, annually, a residential care center for children and
7youth, a secured residential care center for children and youth, or a group home shall
8submit to the department the per client rate that it proposes to charge for services
9provided in the next year and a child welfare agency shall submit to the department
10the proposed per client administrative rate that it proposes to charge for foster care
11services provided in the next year. The department shall provide forms and
12instructions for the submission of proposed rates under this paragraph and a
13residential care center for children and youth, secured residential care center for
14children and youth,
group home, or child welfare agency that is required to submit
15a proposed rate under this paragraph shall submit that proposed rate using those
16forms and instructions.
AB794,9,2017 (b) 2. Changes in the allowable costs of the residential care center for children
18and youth, secured residential care center for children and youth, group home, or
19child welfare agency based on current actual cost data or documented projections of
20costs.
AB794,20 21Section 20 . 49.857 (1) (d) 3. of the statutes is amended to read:
AB794,9,2222 49.857 (1) (d) 3. A license issued under s. 48.66 (1) (a) or (b).
AB794,21 23Section 21 . 51.35 (3) (a) of the statutes is amended to read:
AB794,9,2524 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a
25secured residential care center for children and youth, or a licensed physician of the

1department of corrections, who has reason to believe that any individual confined in
2the juvenile correctional facility or secured residential care center for children and
3youth is, in his or her opinion, in need of services for developmental disability,
4alcoholism, or drug dependency or in need of psychiatric services, and who has
5obtained consent to make a transfer for treatment, shall make a report, in writing,
6to the superintendent of the juvenile correctional facility or secured residential care
7center for children and youth, stating the nature and basis of the belief and verifying
8the consent. In the case of a minor age 14 or older who is in need of services for
9developmental disability or who is in need of psychiatric services, the minor and the
10minor's parent or guardian shall consent unless the minor is admitted under s. 51.13
11(1) (c) or unless the minor refuses to consent, in which case the minor's parent or
12guardian may consent on behalf of the minor. In the case of a minor age 14 or older
13who is in need of services for alcoholism or drug dependency or a minor under the age
14of 14 who is in need of services for developmental disability, alcoholism, or drug
15dependency or in need of psychiatric services, only the minor's parent or guardian
16needs to consent unless the minor is admitted under s. 51.13 (1) (c). The
17superintendent shall inform, orally and in writing, the minor and the minor's parent
18or guardian, that transfer is being considered and shall inform them of the basis for
19the request and their rights as provided in s. 51.13 (3) (am). If the department of
20corrections or the county department under s. 938.02 (2g), upon review of a request
21for transfer, determines that transfer is appropriate, that the department of
22corrections or the county
department shall immediately notify the department of
23health services and, if the department of health services consents, the department
24of corrections or county department may immediately transfer the individual. The
25department of health services shall file a petition under s. 51.13 (4) (a) in the court

1assigned to exercise jurisdiction under chs. 48 and 938 of the county where the
2treatment facility is located.
AB794,22 3Section 22 . 51.35 (3) (e) of the statutes, as affected by 2017 Wisconsin Act 34,
4is amended to read:
AB794,12,35 51.35 (3) (e) The department of corrections may authorize emergency transfer
6of an individual from a juvenile correctional facility or the department of corrections
7or a county department under s. 938.02 (2g) may authorize emergency transfer of an
8individual from
a secured residential care center for children and youth to a state
9treatment facility if there is cause to believe that the individual has a mental illness,
10drug dependency, or developmental disability and exhibits conduct that constitutes
11a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to
12others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20
13(1) (a) 2. e., or is dangerous and is an alcoholic or a person who is drug dependent as
14provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile
15correctional facility or secured residential care center for children and youth shall
16execute a statement of emergency detention or petition for emergency commitment
17for the individual and deliver it to the receiving state treatment facility. The
18department of health services shall file the statement or petition with the court
19within 24 hours after the subject individual is received for detention or commitment.
20The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After
21an emergency transfer is made, the director of the receiving facility may file a
22petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the
23individual to the juvenile correctional facility or secured residential care center for
24children and youth from which the transfer was made. As an alternative to this
25procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that

1no individual may be released without the approval of the court that directed
2confinement in the juvenile correctional facility or secured residential care center for
3children and youth.
AB794,23 4Section 23. 73.0301 (1) (d) 2. of the statutes is amended to read:
AB794,12,85 73.0301 (1) (d) 2. A license issued by the department of children and families
6under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for
7children and youth,
group home, shelter care facility, or child care center, as required
8by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).
AB794,24 9Section 24 . 101.123 (1) (ac) 2. of the statutes is amended to read:
AB794,12,1510 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a
11secured residential care center for children and youth,
or a juvenile correctional
12facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized
13under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private
14residence in which the juvenile is placed and no one is employed there to ensure that
15the juvenile remains in custody.
AB794,25 16Section 25 . 101.123 (1) (gm) of the statutes is created to read:
AB794,12,1817 101.123 (1) (gm) “Secured residential care center for children and youth” has
18the meaning given in s. 938.02 (15g).
AB794,26 19Section 26. 101.123 (2) (d) 3. of the statutes is amended to read:
AB794,12,2120 101.123 (2) (d) 3. Anywhere on the grounds of a Type 1 juvenile correctional
21facility or secured residential care center for children and youth.
AB794,27 22Section 27. 108.227 (1) (e) 2. of the statutes is amended to read:
AB794,13,223 108.227 (1) (e) 2. A license issued by the department of children and families
24under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for

1children and youth,
group home, shelter care facility, or child care center, as required
2by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).
AB794,28 3Section 28. 115.76 (10) of the statutes is amended to read:
AB794,13,114 115.76 (10) “Local educational agency", except as otherwise provided, means
5the school district in which the child with a disability resides, the department of
6health services if the child with a disability resides in an institution or facility
7operated by the department of health services, the county department under s.
846.215, 46.22, or 46.23 if the child with a disability resides in a secured residential
9care center for children and youth, as defined in s. 938.02 (15g),
or the department
10of corrections if the child with a disability resides in a Type 1 juvenile correctional
11facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).
AB794,29 12Section 29. 938.02 (15g) of the statutes is amended to read:
AB794,13,1613 938.02 (15g) “Secured residential care center for children and youth" means
14a residential care center for children and youth operated by a child welfare agency
15that is licensed under s. 48.66 (1) (b) (a) to hold in secure custody persons adjudged
16delinquent.
AB794,30 17Section 30 . 938.22 (1) (a) of the statutes is amended to read:
AB794,14,318 938.22 (1) (a) Subject to s. 48.66 (1) (b), the The county board of supervisors of
19a county may establish a juvenile detention facility in accordance with ss. 301.36 and
20301.37 or the county boards of supervisors for 2 or more counties may jointly
21establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and
22301.37. The county board of supervisors of a county may establish a shelter care
23facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors
24for 2 or more counties may jointly establish a shelter care facility in accordance with
25ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention

1facility in accordance with ss. 301.36 and 301.37 and contract with one or more
2county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile
3detention facility.
AB794,31 4Section 31. 938.221 of the statutes is created to read:
AB794,14,10 5938.221 Secured residential care centers for children and youth. (1)
6(a) On an ongoing basis, a county board of supervisors in a county with a population
7of 750,000 or more shall determine the necessary number of secured residential care
8centers for children and youth in the county to accommodate all juveniles
9adjudicated delinquent in the county and placed in a correctional placement under
10s. 938.34 (4m).
AB794,14,1411 (b) A county board of supervisors in a county with a population of 750,000 or
12more shall establish and operate or shall contract with a child welfare agency to
13establish and operate one or more secured residential care centers for children and
14youth to accommodate the need determined under par. (a).
AB794,14,17 15(2) A county board of supervisors in a county with a population of less than
16750,000 may establish and operate or may contract with a child welfare agency to
17establish and operate a secured residential care center for children and youth.
AB794,32 18Section 32. 938.33 (3r) of the statutes is amended to read:
AB794,15,319 938.33 (3r) Serious juvenile offender report. If a juvenile has been
20adjudicated delinquent for committing a violation for which the juvenile may be
21placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
22shall be in writing and, in addition to the information specified in sub. (1) and in sub.
23(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
24placement in the serious juvenile offender program under s. 938.34 (4h) or in a
25juvenile correctional facility or secured residential care center for children and youth

1under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the
2juvenile's home with supervision and community-based programming and a
3recommendation as to the type of placement for which the juvenile is best suited.
AB794,33 4Section 33 . 938.34 (4d) (b) of the statutes is amended to read:
AB794,15,125 938.34 (4d) (b) The juvenile has been found to be a danger to the public and to
6be in need of restrictive custodial treatment. If the court determines that any of the
7conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in the
8serious juvenile offender program under sub. (4h) or in a juvenile correctional facility
9or secured residential care center for children and youth under sub. (4m) would not
10be appropriate, that determination shall be prima facie evidence that the juvenile is
11a danger to the public and in need of restrictive custodial treatment under this
12subsection.
AB794,34 13Section 34. 938.34 (4m) (intro.) of the statutes is amended to read:
AB794,15,1714 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile
15correctional facility under the supervision of the department of corrections or a
16secured residential care center for children and youth under the supervision of the
17county department or the department of corrections if all of the following apply:
AB794,35 18Section 35. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin Act
1955
, is amended to read:
AB794,16,1220 938.357 (4) (a) When the juvenile is placed with the department of corrections,
21that department may, after an examination under s. 938.50, place the juvenile in a
22juvenile correctional facility or a secured residential care center for children and
23youth or on community supervision or aftercare supervision, either immediately or
24after a period of placement in a juvenile correctional facility or a secured residential
25care center for children and youth. The department of corrections shall send written

1notice of the change in placement to the parent, guardian, legal custodian, county
2department designated under s. 938.34 (4n), if any, and committing court. If the
3department of corrections places a juvenile in a Type 2 juvenile correctional facility
4or secured residential care center for children and youth operated by a child welfare
5agency, that or county department, the department of corrections shall reimburse
6the child welfare agency or county department at the rate established under s. 49.343
7that is applicable to the type of placement that the child welfare agency is providing
8for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or
9a secured residential care center for children and youth under this paragraph
10remains under the supervision of the department of corrections, remains subject to
11the rules and discipline of that department, and is considered to be in custody, as
12defined in s. 946.42 (1) (a).
AB794,36 13Section 36. 938.357 (4) (b) 1. of the statutes is amended to read:
AB794,16,2414 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed
15in a Type 2 juvenile correctional facility operated by a child welfare agency violates
16a condition of his or her placement in the Type 2 juvenile correctional facility, the
17child welfare agency operating the Type 2 juvenile correctional facility shall notify
18the department of corrections and that department, after consulting with the child
19welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or
20secured residential care center for children and youth
under the supervision of the
21department of corrections, without a hearing under sub. (1) (am) 2. If a juvenile is
22placed in a secured residential care center for children and youth under this
23subdivision, the department of corrections shall reimburse the secured residential
24care center for children and youth at the applicable rate established under s. 49.343.
AB794,37
1Section 37. 938.357 (4) (b) 2. of the statutes is renumbered 938.357 (4) (b) 2.
2(intro.) and amended to read:
AB794,17,73 938.357 (4) (b) 2. (intro.) If a juvenile whom the court has placed in a Type 2
4residential care center for children and youth under s. 938.34 (4d) violates a
5condition of his or her placement in the Type 2 residential care center for children
6and youth, the child welfare agency operating the Type 2 residential care center for
7children and youth shall notify take one of the following actions:
AB794,17,13 8a. Notify the county department that has supervision over the juvenile and, if
9the county department agrees to a change in placement under this subdivision, the
10child welfare agency shall notify the department of corrections, and that department,
11after consulting with the child welfare agency, may place the juvenile in a Type 1
12juvenile correctional facility under the supervision of the department of corrections,
13without a hearing under sub. (1) (am) 2., for not more than 10 days.
AB794,17,24 143. If a juvenile is placed in a Type 1 juvenile correctional facility under this
15subdivision
subd. 2. a., the county department that has supervision over the juvenile
16shall reimburse the child welfare agency operating the Type 2 residential care center
17for children and youth in which the juvenile was placed at the rate established under
18s. 49.343, and that child welfare agency shall reimburse the department of
19corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable,
20for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.
21If a juvenile is placed under subd. 2. b. in a secured residential care center for
22children and youth, the county department that has supervision over the juvenile
23shall reimburse the secured residential care center for children and youth at the
24applicable rates established under s. 49.343.
AB794,38 25Section 38 . 938.357 (4) (b) 2. b. of the statutes is created to read:
AB794,18,3
1938.357 (4) (b) 2. b. Place the juvenile in a secured residential care center for
2children and youth without a hearing under sub. (1) (am) 2. for not more than 10
3days.
AB794,39 4Section 39 . 938.505 (1) of the statutes is amended to read:
AB794,18,145 938.505 (1) Rights and duties of department of corrections or county
6department.
When a juvenile is placed under the supervision of the department of
7corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under
8the supervision of a county department under s. 938.34 (4m) or (4n), the department
9of corrections or county department, whichever has supervision over the juvenile,
10shall have the right and duty to protect, train, discipline, treat, and confine the
11juvenile and to provide food, shelter, legal services, education, and ordinary medical
12and dental care for the juvenile, subject to the rights, duties, and responsibilities of
13the guardian of the juvenile and subject to any residual parental rights and
14responsibilities and the provisions of any court order.
AB794,40 15Section 40 . 938.539 (3) of the statutes is amended to read:
AB794,19,216 938.539 (3) Violation of condition of placement. Notwithstanding ss. 938.19
17to 938.21, if a juvenile placed in a Type 2 residential care center for children and
18youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional
19facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in
20the center or facility, the juvenile may be placed in a Type 1 juvenile correctional
21facility or secured residential care center for children and youth as provided in s.
22938.357 (4) (b). This subsection does not preclude a juvenile who has violated a
23condition of the juvenile's placement in a Type 2 juvenile correctional facility or a

1Type 2 residential care center for children and youth from being taken into and held
2in custody under ss. 938.19 to 938.21.
AB794,19,33 (End)
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