SB111: Bill Text

SB111,714,23 48.481 (1m) In this section:

SB111,714,25 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

SB111,715,2 (b) “Public agency" means a county, city, village, town, or school district or an agency of this state or of a county, city, village, town, or school district.

SB111,898 Section 898. 48.481 (2) of the statutes is repealed.

SB111,899 Section 899. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

SB111,715,6 48.481 (2m) (a) Increasing youth access to housing.

SB111,715,8 (b) Increasing youth self-sufficiency through employment, education, and training.

SB111,715,11 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

SB111,715,12 (d) Preventing sex trafficking of children and youth.

SB111,715,14 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.

SB111,715,16 (f) Preventing and reducing the incidence of youth violence and other delinquent behavior.

SB111,715,18 (g) Preventing and reducing the incidence of youth alcohol and other drug use and abuse.

SB111,715,19 (h) Preventing and reducing the incidence of child abuse and neglect.

SB111,715,20 (i) Preventing and reducing the incidence of teen pregnancy.

SB111,715,23 (3) From the appropriations under s. 20.437 (1) (bc) and (kb), the department shall distribute $55,000 in each fiscal year to Diverse and Resilient, Inc., to provide programs that accomplish one or more of the purposes under sub. (2m).

SB111,900 Section 900. 48.481 (4) of the statutes is created to read:

SB111,716,6 48.481 (4) Driver education program. The department shall establish or contract for a driver education program for individuals who are 15 years of age or older and in out-of-home care. The program shall provide assistance with identifying and enrolling in an appropriate driver education course and obtaining an operator's license. From the appropriation under s. 20.437 (1) (a), the department may pay all of the following expenses that apply to an individual in the program:

SB111,716,7 (a) Fees required to enroll in a driver education course.

SB111,716,8 (b) Fees required to obtain an operator's license under ch. 343.

SB111,901 Section 901. 48.526 (3) (e) of the statutes is amended to read:

SB111,716,18 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

SB111,902 Section 902. 48.526 (3) (em) of the statutes is repealed.

SB111,903 Section 903. 48.526 (7) (intro.) of the statutes is amended to read:

SB111,716,25 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2019 2021, and ending on June 30, 2021 2023, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB111,904 Section 904. 48.526 (7) (a) of the statutes is amended to read:

SB111,717,5 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,383,600 $48,396,000 for the last 6 months of 2019 2021, $90,767,200 $100,893,000 for 2020 2022, and $45,383,600 $52,497,100 for the first 6 months of 2021 2023.

SB111,905 Section 905. 48.526 (7) (b) (intro.) of the statutes is amended to read:

SB111,717,10 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2019 2021, $4,000,000 for 2020 2022, and $2,000,000 for the first 6 months of 2021 2023 to counties based on each of the following factors weighted equally:

SB111,906 Section 906. 48.526 (7) (bm) of the statutes is amended to read:

SB111,717,17 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2019 2021, $12,500,000 for 2020 2022, and $6,250,000 for the first 6 months of 2021 2023 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

SB111,907 Section 907. 48.526 (7) (c) of the statutes is amended to read:

SB111,718,2 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2019 2021, $2,106,500 for 2020 2022, and $1,053,300 for the first 6 months of 2021 2023 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB111,908 Section 908 . 48.526 (7) (d) of the statutes is created to read:

SB111,718,10 48.526 (7) (d) Of the amounts specified in par. (a), the department shall allocate an amount not to exceed $2,663,800 for the last 6 months of 2021, $9,428,600 for 2022, and $6,764,900 for the first 6 months of 2023 for costs incurred by a county for the care and maintenance of a juvenile placed under the supervision of a county department or the department of corrections in a juvenile detention facility under s. 938.22 (2) (d) 1., a juvenile correctional facility, or a secured residential care center for children and youth.

SB111,909 Section 909 . 48.526 (7) (d) of the statutes, as created by 2021 Wisconsin Act .... (this act), is amended to read:

SB111,718,19 48.526 (7) (d) Of the amounts specified in par. (a), the department shall allocate an amount not to exceed $2,663,800 for the last 6 months of 2021, $9,428,600 for 2022, and $6,764,900 for the first 6 months of 2023 for costs incurred by a county for the care and maintenance of a juvenile placed under the supervision of a county department or the department of corrections in a juvenile detention facility under s. 938.22 (2) (d) 1., a juvenile correctional facility, or a secured residential care center for children and youth.

SB111,910 Section 910. 48.526 (7) (e) of the statutes is repealed.

SB111,911 Section 911. 48.526 (7) (h) of the statutes is repealed.

SB111,912 Section 912. 48.526 (8) of the statutes is repealed.

SB111,913 Section 913. 48.5275 of the statutes is created to read:

SB111,719,3 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2022, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

SB111,914 Section 914. 48.528 of the statutes is repealed and recreated to read:

SB111,719,7 48.528 Youth justice system improvements program. From the appropriations under s. 20.437 (1) (cm), (cn), and (kp), in each fiscal year the department may expend funds for the following purposes:

SB111,719,12 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth or promote successful outcomes for all youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

SB111,719,14 (2) To address emergencies related to community youth and family aids under s. 48.526.

SB111,719,15 (3) To fund activities required of the department under s. 48.526 (1).

SB111,915 Section 915. 48.53 of the statutes is created to read:

SB111,719,21 48.53 Grants to support foster parents and children. From the appropriation account under s. 20.437 (1) (bg), the department shall distribute grants to counties, nonprofit organizations, or tribes for the purpose of supporting foster parents and providing normalcy for children in out-of-home care, including for the purpose of sibling reconnection.

SB111,916 Section 916. 48.545 of the statutes is repealed.

SB111,917 Section 917. 48.551 of the statutes is created to read:

SB111,720,3 48.551 Adoption recruitment services for children with special needs. From the appropriation accounts under s. 20.437 (1) (cx) and (mx), the department shall provide $300,000 annually to the Wendy's Wonderful Kids program at the Children's Hospital of Wisconsin to recruit adoptive placements for children with special needs in a county with a population of 750,000 or more.

SB111,918 Section 918. 48.563 (2) of the statutes is amended to read:

SB111,720,8 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $80,125,200 $106,389,600 in fiscal year 2019-20 2021-22 and $101,145,500 $111,868,900 in fiscal year 2020-21 2022-23.

SB111,919 Section 919. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

SB111,720,17 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $254 $300 per month beginning on January 1, 2020 2022, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

SB111,920 Section 920. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

SB111,721,2 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $254 $300 per month beginning on January 1, 2020 2022, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

SB111,921 Section 921. 48.62 (4) of the statutes is amended to read:

SB111,721,21 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2020 2022, the rates are $254 $300 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 level one care, $420 $431 for a child under 5 years of age; $460 $472 for a child 5 to 11 years of age; $522 $535 for a child 12 to 14 years of age; and $545 $559 for a child 15 years of age or over. Beginning on January 1, 2023, the rates for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care are $442 for a child under 5 years of age; $484 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $573 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).

SB111,922 Section 922 . 48.63 (3) (b) 4. of the statutes is amended to read:

SB111,722,6 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB111,923 Section 923 . 48.63 (3) (b) 5. of the statutes is amended to read:

SB111,722,13 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB111,924 Section 924 . 48.66 (1) (b) of the statutes is amended to read:

SB111,722,21 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.

SB111,925 Section 925 . 48.66 (1) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

SB111,723,5 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d) or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.

SB111,926 Section 926 . 48.675 of the statutes is created to read:

SB111,723,14 48.675 Qualified residential treatment programs. (1) The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. A residential care center for children and youth, group home, or shelter care facility certified under this section shall comply with all other requirements applicable to the residential care center for children and youth, group home, or shelter care facility.

SB111,723,17 (2) The department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1).

SB111,927 Section 927. 48.685 (1) (bm) of the statutes is amended to read:

SB111,723,23 48.685 (1) (bm) “Nonclient resident" means a person, including a person who is under 18 years of age, but not under 10 12 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.

SB111,928 Section 928. 48.686 (1) (bm) of the statutes is amended to read:

SB111,724,3 48.686 (1) (bm) “Household member" means a person who is age 10 12 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

SB111,929 Section 929. 48.715 (8) of the statutes is created to read:

SB111,724,7 48.715 (8) The department may deny, suspend, restrict, refuse to renew, or otherwise withhold a certification under s. 48.675 based on a failure to comply with certification requirements established by administrative rule under that section.

SB111,930 Section 930. 48.73 of the statutes is amended to read:

SB111,724,17 48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for that purpose shall be given unrestricted access to the premises described in the license or certification. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program.

SB111,931 Section 931 . 48.82 (1) (a) of the statutes is amended to read:

SB111,724,20 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

SB111,932 Section 932 . 48.837 (1r) (d) of the statutes is amended to read:

SB111,725,5 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB111,933 Section 933 . 48.837 (1r) (e) of the statutes is amended to read:

SB111,725,12 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB111,934 Section 934 . 48.837 (6) (b) of the statutes is amended to read:

SB111,726,2 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child , or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).