48.48(3m)
(3m) To accept appointment by an American Indian tribal court in this state as guardian of a child for the purpose of making an adoptive placement for the child if all of the following conditions exist:
48.48(3m)(a)
(a) The child does not have parents or a guardian or the parental rights to the child have been terminated by a tribal court in accordance with procedures that are substantially equivalent to the procedures specified in
subch. VIII.
48.48(3m)(b)
(b) The tribal court has transferred the guardianship or legal custody, or both, of the child to the department, if the child does not have parents or a guardian.
48.48(3m)(c)
(c) The tribal court's judgment for termination of parental rights identifies the department as the agency that will receive guardianship or legal custody, or both, of the child upon termination, if the parental rights to the child have been terminated.
48.48(3m)(d)
(d) The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under
s. 48.485.
48.48(7)
(7) To accept guardianship of children when appointed by the court.
48.48(8)
(8) To place children under its guardianship for adoption.
48.48(8m)
(8m) To enter into agreements with American Indian tribes in this state to implement the Indian child welfare act,
25 USC 1911 to
1963.
48.48(9)
(9) To license foster homes or treatment foster homes as provided in
s. 48.66 (1) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.
48.48(10)
(10) To license child welfare agencies and day care centers as provided in
s. 48.66 (1).
48.48(11)
(11) When notified of the birth or expected birth of a child who is or is likely to be a nonmarital child, to see that the interests of the child are safeguarded, that steps are taken to establish the child's paternity and that there is secured for the child, if possible, the care, support and education the child would receive if he or she were a marital child.
48.48(12)(a)(a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with
s. 48.975. Payments shall be made from the appropriation under
s. 20.435 (3) (dd).
48.48(12)(b)
(b) This subsection shall be administered by the department according to criteria, standards and review procedures which it shall establish.
48.48(13)
(13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions.
48.48(16)
(16) To establish and enforce standards for services provided under
s. 48.345.
48.48 History
History: 1973 c. 90,
333;
1977 c. 29;
1977 c. 83 s.
26;
1977 c. 354,
418,
447,
449;
1979 c. 34 ss.
833m,
834,
2102 (20) (a);
1979 c. 221,
300;
1983 a. 27 s.
2202 (20);
1983 a. 189 s.
329 (17);
1983 a. 447;
1985 a. 135,
176;
1985 a. 332 s.
251 (3);
1987 a. 339;
1989 a. 31,
107,
359;
1991 a. 316;
1993 a. 16,
375,
385,
446,
491;
1995 a. 27 ss.
2526 to
2534m,
9126 (19),
9145 (1);
1995 a. 77.
48.48 Annotation
Allegation that department failed to adopt rules or to exercise supervision over local social service agency and that those failures led to deprivation of child custody without due process stated cause of action for deprivation of civil rights. Roe v. Borup, 500 F Supp. 127 (1980).
48.48 Annotation
The state has ultimate foster care responsibility, and dismissal of a 42 USC 1983 action against the state for civil rights violations by a county agency was not appropriate. Jeanine B. by Blondin v. Thompson, 877 F Supp. 1268 (1995).
48.485
48.485
Transfer of tribal children to department for adoption. If the department accepts guardianship or legal custody or both from an American Indian tribal court under
s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child. If a permanent adoptive placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the child back to the tribe.
48.485 History
History: 1989 a. 31.
48.52
48.52
Facilities for care of children in care of department. 48.52(1)(1)
Facilities maintained or used for children. The department may maintain or use the following facilities for children in its care:
48.52(1)(a)
(a) Receiving homes to be used for the temporary care of children;
48.52(1)(b)
(b) Foster homes or treatment foster homes;
48.52(1)(f)
(f) Other facilities deemed by the department to be appropriate for the child, except that no state funds may be used for the maintenance of a child in the home of a parent or relative eligible for aid under
s. 49.19 if such funds would reduce federal funds to this state.
48.52(2)(a)(a) In addition to the facilities and services described in
sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of children in its care. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with
ss. 48.14 (5) and
48.63 and
ch. 51.
48.52(2)(b)
(b) Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent.
48.52(2)(c)
(c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons whom the department has placed in that facility.
48.52(4)
(4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.
48.52 Annotation
A juvenile in the custody of the department may not be transferred to an adult-serving penal institution. State ex rel. Edwards v. McCauley, 50 W (2d) 597, 184 NW (2d) 908.
48.52 Annotation
A detention home is not one of the other facilities. State ex rel. Harris v. Larson, 64 W (2d) 521, 219 NW (2d) 335.
48.52 Annotation
See note to 48.62, citing 63 Atty. Gen. 34.
48.52 Annotation
Foster homes leased by the department pursuant to this section are immune from local zoning to the extent that the zoning conflicts with the department's possessory use of property under ch. 48, subject to 13.48 (13). The lessor remains responsible for property tax. 65 Atty. Gen. 93.
48.547
48.547
Juvenile alcohol and other drug abuse pilot program. 48.547(1)(1)
Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and
ch. 938 in the pilot counties selected by the department.
48.547(2)
(2) Department responsibilities. Within the availability of funding under
s. 20.435 (7) (mb) that is available for the pilot program, the department shall select counties to participate in the pilot program. Unless a county department of human services has been established under
s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under
s. 51.42 or
51.437. The department shall select counties in accordance with the request for proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management. The counties selected shall begin the pilot program on January 1, 1989.
48.547(3)
(3) Multidisciplinary screen. By September 1, 1988, the department shall develop a multidisciplinary screen for the pilot program. The screen shall be used by an intake worker to determine whether or not a child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children for:
48.547(4)
(4) Assessment criteria. By September 1, 1988, the department shall develop uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under
ss. 48.245 (2) (a) 3. and
48.295 (1). An approved treatment facility that assesses a person under
s. 48.245 (2) (a) 3. or
48.295 (1) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.
48.548
48.548
Multidisciplinary screen and assessment criteria. The department shall make the multidisciplinary screen developed under
s. 48.547 (3) and the assessment criteria developed under
s. 48.547 (4) available to all counties.
48.548 History
History: 1987 a. 339.
48.55
48.55
State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under
s. 20.435 (6) (dg) [20.435 (3) (dg)], may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.
48.55 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.55 History
History: 1983 a. 27;
1995 a. 266.
48.551
48.551
State adoption center. 48.551(1)
(1) The department shall establish a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under
s. 20.435 (3) (dg), the department may provide not more than $75,000 in grants in each fiscal year to individuals and private agencies to operate the adoption center.
48.551(2)
(2) The department shall promulgate rules specifying the functions of the state adoption center, which shall include:
48.551(2)(a)
(a) Training persons who provide counseling to adolescents including school counselors, county employes providing child welfare services under
s. 48.56 and family planning clinic employes.
48.551(2)(c)
(c) Operating a toll-free telephone number to provide information and referral services.
48.551(2)(d)
(d) Distributing pamphlets which provide information on the availability of adoption services.
48.551(2)(e)
(e) Promoting adoption through the communications media.
48.551 History
History: 1985 a. 56,
176;
1989 a. 31 ss.
1283,
1284; Stats. 1989 s. 48.551;
1995 a. 27,
443.
COUNTY CHILD WELFARE SERVICES
48.56
48.56
County child welfare services. 48.56(1)
(1) Each county shall provide child welfare services through its county department.
48.56(2)
(2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under
ch. 457.
48.56(3)
(3) This section shall not apply to those counties which had child welfare services administered by the staff of the juvenile court prior to January 1, 1955.
48.57
48.57
Powers and duties of county departments providing child welfare services. 48.57(1)
(1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or donated by individuals or private organizations. It shall have authority:
48.57(1)(a)
(a) To investigate the conditions surrounding nonmarital children and children in need of protection or services including developmentally disabled children within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.
48.57(1)(b)
(b) To accept legal custody of children transferred to it by the court under
s. 48.355 and to provide special treatment and care if ordered by the court. A court may not order a county department to administer psychotropic medications to children who receive special treatment or care under this paragraph.
48.57(1)(c)
(c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in
s. 115.001 (7) and the department of education all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the department of education.
Effective date note
NOTE: Par. (c) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) To provide appropriate protection and services for children in its care, including providing services for children and their families in their own homes, placing the children in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies, except that the county department shall not purchase the educational component of private day treatment programs unless the county department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
48.57(1)(d)
(d) To provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.
48.57(1)(e)
(e) If a county department in a county with a population of 500,000 or more, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.
48.57(1)(g)
(g) Upon request of the department of health and family services or the department of corrections, to provide service for any child in the care of those departments.
48.57(1)(h)
(h) To contract with any parent or guardian or other person for the care and maintenance of any child.
48.57(1)(hm)
(hm) If a county department in a county with a population of less than 500,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under
s. 48.63 and to place that child under its guardianship for adoption by the foster parent or treatment foster parent.
48.57(1)(i)
(i) To license foster homes or treatment foster homes in accordance with
s. 48.75.
48.57(1)(j)
(j) To use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.
48.57(2)
(2) In performing the functions specified in
sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children in the county.
48.57(3)(a)(a) From the reimbursement received under
s. 46.495 (1) (d), counties may provide funding for the maintenance of any child who:
