48.485
48.485
Transfer of Indian children to department for adoption. 48.485(1)(1) If the department accepts guardianship or legal custody or both from a tribal court under
s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under
s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under
s. 48.977 (2) or under a substantially similar tribal law.
48.485(2)
(2) If a permanent adoptive or subsidized guardianship 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 Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under
s. 48.195 (1).
48.487
48.487
Tribal family services. 48.487(1m)
(1m)
Tribal family services grants. From the appropriation account under
s. 20.437 (1) (bd), the department may distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in
subs. (2),
(3) (b),
(4m) (b),
(5) (b),
(6), and
(7) as determined by that body.
48.487(2)
(2) Adolescent self-sufficiency services. An elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide services for adolescent parents. Those services shall emphasize high school graduation and vocational preparation, training, and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. An Indian tribe that provides those services shall develop a proposed service plan that is approved by the department.
48.487(3)
(3) Adolescent pregnancy prevention services. 48.487(3)(a)(a) In this subsection, "high-risk adolescent" means a person who is at least 13 years of age but under the age of 20 and who is at risk of becoming an unmarried parent as an adolescent and of incurring long-term economic dependency on public funds and is characterized by one or more of the following:
48.487(3)(a)5.
5. Low school achievement, as a pupil who is one or more years behind his or her pupil age group in the number of school credits attained or in basic school skill levels.
48.487(3)(b)
(b) An elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide pregnancy and parenthood prevention services to high-risk adolescents. Those services shall be structured so as to increase the development of decision-making and communications skills, promote graduation from high school, and expand career and other options and may address needs of adolescents with respect to pregnancy prevention.
48.487(4m)(a)1.
1. "Adolescent" means a person who is at least 10 years of age but under the age of 18.
48.487(4m)(b)
(b) An elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide information to members of the Indian tribe in order to increase community knowledge about the problems of adolescents and to provide information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:
48.487(4m)(b)1.
1. Reducing adolescent pregnancy and high school dropout rates.
48.487(4m)(b)2.
2. Increasing economic self-sufficiency and expanding career options for adolescents, particularly options with respect to occupations with wages higher than the minimum wage.
48.487(4m)(b)3.
3. Enhancing individual adolescent self-esteem, interpersonal skills and responsible decision making.
48.487(4m)(c)
(c) An Indian tribe that provides services under
par. (b) shall provide those services in an area of the state that is approved by the Indian tribe and the department. The department shall determine the boundaries of the regions in this state within which the Indian tribes may provide services under
par. (b) before approving the service area of an Indian tribe under this paragraph.
48.487(4m)(d)
(d) Prior to approving the service area of an Indian tribe under
par. (c), the department shall consider whether and how the Indian tribe proposes to coordinate its services with other public or private resources, programs, or activities in the region and the state.
48.487(4m)(e)
(e) The department shall work closely with the women's council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities conducted under
par. (b).
48.487(5)(a)1.
1. "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2), or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
48.487(5)(a)2.
2. "Domestic abuse services" means any of the following:
48.487(5)(a)3.
3. "Family member" means a spouse, a parent, a child, or a person related by blood or adoption to another person.
48.487(5)(a)4.
4. "Household member" means a person currently or formerly residing in a place of abode with another person.
48.487(5)(b)
(b) Subject to
pars. (c) and
(d), an elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide domestic abuse services. If an elected governing body of an Indian tribe expends those moneys for those services, the body shall provide matching funds or in-kind contributions in an amount to be determined by the department. The department shall establish guidelines regarding the types of contributions that qualify as in-kind contributions.
48.487(5)(c)
(c) An elected governing body of an Indian tribe may provide shelter facilities only if the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. An elected governing body of an Indian tribe may provide shelter facilities or private home shelter care only if the body ensures that the following services will be provided either by that Indian tribe or by another person:
48.487(5)(d)
(d) An Indian tribe that provides domestic abuse services under this subsection shall report all of the following information to the department by February 15 annually:
48.487(5)(d)1.
1. The total expenditures that the Indian tribe made on domestic abuse services in the previous tribal fiscal year.
48.487(5)(d)2.
2. The expenditures specified in
subd. 1. by general category of domestic abuse services provided.
48.487(5)(d)3.
3. The number of persons served in the previous tribal fiscal year by general type of domestic abuse service.
48.487(5)(d)4.
4. The number of persons who were in need of domestic abuse services in the previous tribal fiscal year but who did not receive the domestic abuse services that they needed.
48.487(6)
(6) Tribal child care. An elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide child care services under
42 USC 9858. 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).
48.487(7)
(7) Child welfare services. An elected governing body of an Indian tribe may expend moneys from a grant received under
sub. (1m) to provide child welfare services as authorized under
42 USC 621 to
628b.
48.52
48.52
Facilities for care of children and adult expectant mothers 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)(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(1m)
(1m) Facilities maintained or used for adult expectant mothers. The department may maintain or use the following facilities for adult expectant mothers in its care:
48.52(1m)(c)
(c) Other facilities determined by the department to be appropriate for the adult expectant mother.
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 and the expectant mothers of unborn children in its care. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with
ss. 48.14 (5),
48.347 (6) 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 detention home is not an `other facility' under sub. (1). State ex rel. Harris v. Larson,
64 Wis. 2d 521,
219 N.W.2d 335 (1974).
48.52 Annotation
Foster homes owned, operated, or contracted for by the department or a county department are immune from local zoning ordinances. Foster homes owned, operated, or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. 63 Atty. Gen. 34.
48.52 Annotation
Foster homes leased by the department pursuant to sub. (2) 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 s. 13.48 (13). The lessor remains responsible for property tax. 65 Atty. Gen. 93.
48.545
48.545
Brighter futures initiative. 48.545(1)(a)
(a) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
48.545(1)(b)
(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.
48.545(2)(a)(a) From the appropriations under
s. 20.437 (1) (eg),
(kb), and
(nL), the department shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more, $1,171,800 in each fiscal year to applying county departments under
s. 46.22,
46.23,
51.42, or
51.437 operating in counties other than a county having a population of 500,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following:
48.545(2)(a)1.
1. Prevent and reduce the incidence of youth violence and other delinquent behavior.
48.545(2)(a)2.
2. Prevent and reduce the incidence of youth alcohol and other drug use and abuse.
48.545(2)(a)3.
3. Prevent and reduce the incidence of child abuse and neglect.
48.545(2)(a)4.
4. Prevent and reduce the incidence of nonmarital pregnancy and increase the use of abstinence as a method of preventing nonmarital pregnancy.
48.545(2)(a)5.
5. Increase adolescent self-sufficiency by encouraging high school graduation, vocational preparedness, improved social and other interpersonal skills and responsible decision making.
48.545(2)(b)
(b) A nonprofit corporation or public agency that is applying for a grant under
par. (a) shall provide to the department a proposed service plan for the use of the grant moneys. If the department approves the service plan, the department may award the grant. The department shall award the grants on a competitive basis and for a 3-year period.
48.545(3)(a)(a) The department shall provide a set of benchmark indicators to measure the outcomes that are expected of a program funded under
sub. (2) (a). Those benchmark indicators shall measure all of the following among youth who have participated in a program funded under
sub. (2) (a):
48.545(3)(a)1.
1. The rate of participation in violent or other delinquent behavior.
