SB161: Bill Text

LRB-0421/1

EHS:kjf

2021 - 2022 LEGISLATURE

2021 Senate BILL 161

February 25, 2021 - Introduced by Senators Darling, Johnson, Ballweg, Felzkowski and Larson, cosponsored by Representatives Rozar, Billings, Snyder, Armstrong, Cabrera, Considine, Dittrich, Emerson, Hebl, Ramthun, S. Rodriguez, Shankland, Sinicki, Spiros, Spreitzer, Stubbs, Subeck and Edming. Referred to Committee on Human Services, Children and Families.

SB161,2,8 An Act to renumber 48.21 (6), 48.217 (2), 48.217 (2m) (c), 48.357 (2) (a), 48.357 (2m) (a), 48.437 (2), 938.217 (2), 938.357 (2) (a) and 938.357 (2m) (a); to amend 48.217 (1) (b) 2., 48.357 (1) (am) 1. c., 48.38 (5) (c) 1., 48.38 (5) (d), 48.38 (5m) (d), 48.437 (1) (a) 2., 48.437 (1) (c), 48.73, 938.217 (1) (b) 2., 938.357 (1) (am) 1., 938.38 (5) (c) 1., 938.38 (5) (d) and 938.38 (5m) (d); and to create 48.02 (14k), 48.02 (17t), 48.21 (1) (c), 48.21 (5) (b) 2g., 48.21 (5) (cm), 48.21 (6) (b), 48.217 (1) (b) 3., 48.217 (1) (b) 4., 48.217 (2) (b) and (c), 48.217 (2m) (b) 3., 48.217 (2m) (c) 2. and 3., 48.217 (2v) (d) 1. and 2., 48.32 (1) (b) 1r., 48.32 (1) (cd), 48.33 (4) (cm), 48.33 (4) (cr), 48.355 (2) (b) 6d., 48.355 (2) (cd), 48.357 (1) (am) 1m. and 1r., 48.357 (1) (c) 1r., 48.357 (2) (a) 2., 3. and 4., 48.357 (2) (b) 5. and 6., 48.357 (2m) (a) 2., 48.357 (2v) (a) 5. and 6., 48.38 (1) (ag), 48.38 (1) (ap), 48.38 (1) (c), 48.38 (3m), 48.38 (4) (k), 48.38 (4) (L), 48.38 (5) (bm) 4., 48.38 (5m) (c) 4., 48.437 (1) (a) 3. and 4., 48.437 (2) (b) and (c), 48.437 (2v) (d), 48.48 (20), 48.675, 48.715 (8), 938.02 (14m), 938.02 (17t), 938.21 (1) (c), 938.21 (5) (b) 2g., 938.21 (5) (cm), 938.217 (1) (b) 3. and 4., 938.217 (2) (b) and (c), 938.217 (2m) (b) 3., 938.217 (2v) (d) 1. and 2., 938.32 (1) (c) 1r., 938.32 (1) (cd), 938.33 (4) (cm), 938.33 (4) (cr), 938.355 (2) (b) 6d., 938.355 (2) (cd), 938.357 (1) (am) 1m. and 1r., 938.357 (1) (c) 1r., 938.357 (2) (a) 2., 3. and 4., 938.357 (2) (b) 5. and 6., 938.357 (2m) (a) 2., 938.357 (2v) (a) 5. and 6., 938.38 (1) (ag), 938.38 (1) (as), 938.38 (1) (bp), 938.38 (3m), 938.38 (4) (k), 938.38 (4) (L), 938.38 (5) (cm) and 938.38 (5m) (c) 4. of the statutes; relating to: qualified residential treatment programs and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill allows for the certification of qualified residential treatment programs and establishes certain procedures that apply when a child is placed in one.

This bill allows the Department of Children and Families to certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program (QRTP) if it determines that the program meets the federal requirements for such a program to receive Title IV-E child welfare funding and DCF's requirements for such a program. The bill allows DCF to monitor compliance with certification requirements, including by inspection authority, and to deny, suspend, restrict, refuse to renew, or otherwise withhold a certification for failure to comply with those requirements. Under the bill, DCF may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a QRTP.

Currently, when a child or juvenile (collectively referred to as “child” ) alleged or adjudged to be in need of protection or services is removed from his or her home in a proceeding under the Children's Code or Juvenile Justice Code, the agency responsible for that child's removal is required to prepare a permanency plan, designed to ensure that the child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability. Current law requires the juvenile court to periodically review the plan and to periodically hold a hearing on the plan.

Under this bill, if a child is placed in a certified QRTP, the agency must assemble a family permanency team to participate in permanency planning for the child, and invite appropriate biological family members, relatives, like-kin, and professionals who serve as a resource for the family to participate. The bill requires the agency to include in the permanency plan information about the family permanency team and its meetings and recommendations.

The bill requires that, in a review or hearing on a permanency plan for a child who is placed in a certified QRTP, the agency that prepared the permanency plan must present to the juvenile court certain information that the juvenile court must consider when determining the continuing necessity for and the safety and appropriateness of the placement, including 1) whether the placement is supported by assessment of the child's needs, is the most effective and appropriate level of care in the least restrictive environment, and meets the goals for the child in the permanency plan; 2) the specific treatment or service needs that the placement will meet and how long the child will need that treatment or service; and 3) the efforts made by the agency to prepare the child to return home or to be placed with a relative, guardian, or adoptive parent or in a foster home.

Under the bill, if a child is placed or proposed to be placed in a certified QRTP in juvenile court proceedings for a temporary physical custody (TPC) hearing, a change in placement (CIP), consent decree, or a disposition, a qualified individual must conduct an assessment, using a tool determined by DCF, of the strengths and needs of the child to determine the appropriateness of that placement (standardized assessment). The bill creates a definition for “qualified individual” to match the term used in federal law, meaning a trained professional or licensed clinician who is not an employee of the state and who is not connected to, or affiliated with, any placement setting in which children are placed by the state. The federal law definition provides that a state may request a waiver from this definition, and on December 14, 2020, Wisconsin requested such a waiver to allow state and county child welfare staff to serve as qualified individuals.

The bill requires the qualified individual to develop a recommendation on all of the following: 1) whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment; 2) how the placement is consistent with the short-term and long-term goals for the child in the permanency plan; 3) the reasons why the child's needs can or cannot be met by the child's family or in a foster home (and a shortage or lack of foster homes is not an acceptable reason); and 4) the placement preference of the family permanency team and, if it is not the placement recommended by the qualified individual, why that recommended placement is not preferred. Then, depending on the type of proceeding, the intake worker, agency primarily responsible for providing services under a temporary custody, person or agency primarily responsible for implementing the dispositional order, or agency appointed as the guardian of the child must submit the standardized assessment and the qualified individual's recommendation to the juvenile court and any person who is required to receive a copy of the notice or request in the proceeding.

Under the bill, the standardized assessment and recommendation must be submitted by the time of a TPC hearing, by the time the notice or request is filed in a CIP proceeding, by the time the consent decree is entered, or by the time the disposition report is filed. With respect to most CIP proceedings, if not available by the time the notice or request is filed, the bill generally requires it to be submitted within 10 days after the filing of the CIP notice, except this does not apply to a CIP requested by someone other than the intake worker, agency, district attorney, or corporation counsel or from in-home to out-of-home, to a consent decree, or to a disposition. In all cases, if the required information is not available by these first deadlines, it must be submitted no later than 30 days after the date on which the placement is made.

The bill requires the juvenile court to make the following findings when it issues an order placing a child in a certified QRTP: 1) whether the needs of the child can be met through placement in a foster home; 2) whether placement of the child in a certified QRTP provides the most effective and appropriate level of care for the child in the least restrictive environment; 3) whether the placement is consistent with the short-term and long-term goals for the child in the permanency plan; and 4) whether the juvenile court approves or disapproves the placement. The answers to these questions do not affect whether the placement may be made. If the standardized assessment and recommendation of the qualified individual are not available at the time of this order, the bill requires the juvenile court to defer making the findings. However, no later than 60 days after the date on which the placement was made the juvenile court must issue an order making those findings.

The bill requires that, for youth in out-of-home care who are parenting or pregnant, a permanency plan must include 1) a list of the services or programs to be provided to or on behalf of the child to ensure that the child, if pregnant, is prepared and, if a parent, is able to be a parent; and 2) the out-of-home care prevention strategy for any child born to the parenting or pregnant child.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB161,1 Section 1. 48.02 (14k) of the statutes is created to read:

SB161,4,3 48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).

SB161,2 Section 2. 48.02 (17t) of the statutes is created to read:

SB161,4,9 48.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a child to determine appropriateness of a placement in a residential care center, group home, or shelter care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8) (b).

SB161,3 Section 3. 48.21 (1) (c) of the statutes is created to read:

SB161,5,9 48.21 (1) (c) If the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

SB161,5,11 1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

SB161,5,13 2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

SB161,5,16 3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

SB161,5,19 4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

SB161,4 Section 4. 48.21 (5) (b) 2g. of the statutes is created to read:

SB161,6,2 48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual under sub. (1) (c):

SB161,6,4 a. Whether the needs of the child can be met through placement in a foster home.

SB161,6,8 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

SB161,6,10 c. Whether the placement is consistent with the short-term and long-term goals for the child, as identified in the permanency planning.

SB161,6,12 d. Whether the judge or court commissioner approves or disapproves the placement.

SB161,5 Section 5. 48.21 (5) (cm) of the statutes is created to read:

SB161,6,20 48.21 (5) (cm) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required under sub. (1) (c) but not available at the time of the custody order, the judge or court commissioner shall defer making the findings under par. (b) 2g. as provided in this paragraph. No later than 60 days after the date on which the placement is made, the judge or court commissioner shall issue an order making the findings under par. (b) 2g.

SB161,6 Section 6. 48.21 (6) of the statutes is renumbered 48.21 (6) (a).

SB161,7 Section 7. 48.21 (6) (b) of the statutes is created to read:

SB161,7,8 48.21 (6) (b) If under par. (a) a child is transferred to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall include it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the information specified under sub. (1) (c) with the notice under par. (a) or, if not available at that time, submit it to the court and all persons who received the notice no later than 30 days after the date on which the transfer is made. No later than 60 days after the date on which the transfer is made the judge or court commissioner shall issue an order making the findings under sub. (5) (b) 2g.

SB161,8 Section 8. 48.217 (1) (b) 2. of the statutes is amended to read:

SB161,7,14 48.217 (1) (b) 2. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, and a statement describing why the new placement is preferable to the present placement. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

SB161,9 Section 9. 48.217 (1) (b) 3. of the statutes is created to read:

SB161,7,25 48.217 (1) (b) 3. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. a. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed:

SB161,8,2 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

SB161,8,4 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

SB161,8,7 c. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

SB161,8,10 d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

SB161,10 Section 10. 48.217 (1) (b) 4. of the statutes is created to read: