48.547(4)
(4) Assessment criteria. The department shall provide 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 and state adoption center. 48.55(1)(1) 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 and 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. 20.437 (1) (dg), the department may provide not more than $171,300 in each fiscal year as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.
48.55(2)
(2) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center. The rules specifying the functions of the state adoption center shall include all of the following:
48.55(2)(a)
(a) Training persons who provide counseling to adolescents including school counselors, county or department employees providing child welfare services under
s. 48.56 or
48.561 and employees of a clinic providing family planning services, as defined in
s. 253.07 (1) (b).
48.55(2)(c)
(c) Operating a toll-free telephone number to provide information and referral services.
48.55(2)(d)
(d) Distributing pamphlets which provide information on the availability of adoption services.
48.55(2)(e)
(e) Promoting adoption through the communications media.
48.55 Cross-reference
Cross-reference: See also chs.
DCF 42,
50, and
51, Wis. adm. code.
CHILD WELFARE SERVICES
48.56
48.56
Child welfare services in counties having populations of less than 500,000. 48.56(1)
(1) Each county having a population of less than 500,000 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.
48.561
48.561
Child welfare services in a county having a population of 500,000 or more. 48.561(1)
(1) The department shall provide child welfare services in a county having a population of 500,000 or more.
48.561(2)
(2) The department shall employ personnel in a county having a population of 500,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under
ch. 457.
48.561(3)(a)(a) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:
48.561(3)(a)2.
2. Through a reduction of $1,583,000 from the amount distributed to that county under
s. 46.40 (2m) (a) in each state fiscal year.
48.561(3)(b)
(b) The department of administration shall collect the amount specified in
par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under
s. 79.03,
79.04,
79.058,
79.06, or
79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under
s. 79.03,
79.04,
79.058,
79.06, or
79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under
s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under
s. 20.437 (1) (cx) for providing services to children and families under
s. 48.48 (17) until the amounts in the appropriation account under
s. 20.437 (1) (kw) are exhausted.
48.562
48.562
Milwaukee child welfare partnership council. The Milwaukee child welfare partnership council shall do all of the following:
48.562(1g)
(1g) Hold at least one public hearing each year at which the council shall encourage public participation and solicit public input regarding the child welfare system in Milwaukee County.
48.562(1m)
(1m) Recommend policies and plans for the improvement of the child welfare system in Milwaukee County and submit its recommendations with respect to those policies and plans to the department under
sub. (4m).
48.562(2)
(2) Recommend measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and submit its recommendations with respect to those measures to the department under
sub. (4m).
48.562(3)
(3) Recommend funding priorities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding priorities to the department under
sub. (4m).
48.562(4)
(4) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding opportunities to the department under
sub. (4m).
48.562(4m)
(4m) Annually, submit a report of its recommendations under
subs. (1m) to
(4) to the department, which within 60 days after receiving the report shall prepare a response to those recommendations and transmit the report, together with its response, to the governor and to the appropriate standing committees of the legislature under
s. 13.172 (3).
48.562(5)
(5) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of child welfare services in Milwaukee County.
48.562 History
History: 1995 a. 303;
1997 a. 27;
2007 a. 20 s.
799; Stats. 2007 s. 48.562;
2009 a. 337.
48.563
48.563
Children and family aids funding. 48.563(1)(a)(a) Within the limits of available federal funds and of the appropriations under
s. 20.437 (1) (b) and
(o), the department shall distribute funds for children and family services to county departments as provided in
subs. (2),
(3), and
(7m) and
s. 48.986.
48.563(1)(b)
(b) Notwithstanding
s. 48.568, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under
par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in
s. 48.567.
48.563(1)(c)
(c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under
par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding
s. 48.568, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.
48.563(1)(d)
(d) If the department receives from the department of health services under
s. 46.40 (1) (d) any federal moneys under
42 USC 1396 to
1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under
sub. (2) that is budgeted from federal funds.
48.563(2)
(2) Basic county allocation. For children and family services under
s. 48.569 (1) (d), the department shall distribute not more than $51,577,400 in fiscal year 2009-10 and not more than $63,264,700 in fiscal year 2010-11 and in each fiscal year thereafter.
48.563(3)
(3) Tribal child care. For child care services under
42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under
s. 20.437 (1) (b) to Indian tribes. An Indian tribe that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in
42 USC 9858n (4).
48.563(7m)
(7m) Use by county of children and family aids funds to pay private attorneys for certain proceedings. Upon application by a county department under
s. 46.215,
46.22, or
46.23 to the department for permission to use funds allocated to that county department under
sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under
sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under this chapter relating to child abuse or neglect, unborn child abuse, termination of parental rights, and the Indian Child Welfare Act,
25 USC 1901 to
1963.
48.563(14m)
(14m) County children and family aids budgets. Before December 1 of each year, each county department and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under
s. 48.565 (2) (a), or carried forward under
s. 48.565 (3). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.
48.565
48.565
Carry-over of children and family aids funds. Funds allocated by the department under
s. 48.569 (1) (d) but not spent or encumbered by counties, governing bodies of Indian tribes, or private nonprofit organizations by December 31 of each year and funds recovered under
s. 48.569 (2) (b) and deposited into the appropriation account under
s. 20.437 (1) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under
s. 20.437 (1) (b) or as follows:
48.565(2)(a)(a) Subject to
par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under
s. 48.563 (2) an amount that exceeds the amount received under
42 USC 670 to
679a and allocated under
s. 48.563 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with
s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in
sub. (3). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with
s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with
s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under
s. 48.563 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under
s. 20.437 (1) (j).
48.565(2)(am)
(am) If on December 31 of any year a county is not using the centralized unit contracted for under
s. 48.47 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under
42 USC 670 to
679a, the department shall reduce that county's distribution under
par. (a) by 50%.
48.565(2)(b)
(b) A county may not use any moneys distributed under
par. (a) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.
48.565(2)(c)
(c) The department shall credit to the appropriation account under
s. 20.437 (3) (mp) any moneys carried forward under
par. (a), but not distributed to counties, and may expend those moneys as provided in
s. 48.567.
48.565(3)
(3) At the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3 percent of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year. All funds carried forward for a tribal governing body or nonprofit organization and all federal child welfare funds under
42 USC 620 to
626 carried forward for a county shall be used for the purpose for which the funds were originally allocated. Other funds carried forward under this subsection may be used for any purpose under
s. 20.437 (1) (b), except that a county may not use any funds carried forward under this subsection for administrative or staff costs. An allocation of carried-forward funding under this subsection does not affect a county's base allocation under
s. 48.563 (2).
48.565(6)
(6) The department may carry forward 10 percent of any funds specified in
sub. (3) that are not carried forward under
sub. (3) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this subsection does not affect a county's base allocation under
s. 48.563 (2).
48.565 History
History: 2007 a. 20 ss.
1106 to
1109,
1288;
2009 a. 94.
48.567
48.567
Expenditure of income augmentation services receipts. 48.567(1)(1) From the appropriation account under
s. 20.437 (3) (mp), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under
42 USC 670 to
679a and to any other purpose provided for by the legislature by law or in budget determinations. In addition, the department may expend moneys from the appropriation account under
s. 20.437 (3) (mp) as provided in
subs. (1m) and
(2).
48.567(1m)
(1m) In addition to expending moneys from the appropriation account under
s. 20.437 (3) (mp) for the augmentation activities specified in
sub. (1), the department may expend moneys received under
42 USC 1396 to
1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under
42 USC 670 to
679a and credited to the appropriation account under
s. 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under
s. 46.22 (1) (c) 8. f. and to provide services to children and families under
s. 48.48 (17).
48.567(2)
(2) If the department proposes to use any moneys from the appropriation account under
s. 20.437 (3) (mp) for any purpose other than the purposes specified in
subs. (1) and
(1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.
48.567 History
History: 2007 a. 20 ss.
1112,
1289.
48.568
48.568
Allocation of federal funds for children and family aids and child welfare. Subject to
s. 48.563 (1) (b) and
(c), if the department receives unanticipated federal foster care and adoption assistance payments under
42 USC 670 to
679a and it proposes to allocate the unanticipated funds so that an allocation limit in
s. 48.563 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under
s. 48.563. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
s. 48.563, only with the approval of the committee.
48.568 History
History: 2007 a. 20.
48.569
48.569
Distribution of children and family aids funds to counties. 48.569(1)(d)
(d) From the appropriations under
s. 20.437 (1) (b) and
(o), the department shall distribute the funding for children and family services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under
s. 48.645 to county departments as provided under
s. 48.563. County matching funds are required for the distribution under
s. 48.563 (2). Each county's required match for the distribution under
s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in
sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
Effective date note
NOTE: Par. (d) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(d) From the appropriations under s. 20.437 (1) (b) and (o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
48.569(1)(dc)
(dc) The department shall prorate the amount allocated to any county department under
par. (d) to reflect actual federal funds available.
48.569(1)(f)1.1. If any state matching funds allocated under
par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.
48.569(1)(f)2.
2. The county allocation to match aid increases shall be included in the contract under
s. 49.325 (2g), and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under
par. (d) shall be included in the contract under
s. 49.325 (2g) and approved.
48.569(1m)(a)(a) A private donation to a county may be used to match the state grant-in-aid under
sub. (1) (d) only if the donation is both of the following:
48.569(1m)(a)1.
1. Donated to a county department and the donation is under the administrative control of that county department.
48.569(1m)(a)2.
2. Donated without restrictions as to use, unless the restrictions specify that the donation be used for a particular service and the donor neither sponsors nor operates the service.
48.569(1m)(b)
(b) Voluntary federated fund-raising organizations are not sponsors or operators of services within the meaning of
par. (a) 2. Any member agency of such an organization that sponsors or operates services is considered to be an autonomous entity separate from the organization unless the board membership of the organization and the agency interlock.
48.569(2)(a)(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.
48.569(2)(b)
(b) To facilitate prompt reimbursement, the certificate of the department may be based on the certified statements of the county officers filed under
par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 of each year the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
48.569 History
History: 2007 a. 20;
2009 a. 28.
48.57
48.57
Powers and duties of department and 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 by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall have the authority specified in
s. 48.48 (17). A county department shall have the authority:
