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.
48.545(3)(a)3.
3. The rate of nonmarital pregnancy and the rate at which abstinence is used to prevent nonmarital pregnancy.
48.545(3)(a)4.
4. The rate of substantiated cases of child abuse and neglect.
48.545(3)(a)5.
5. The development of self-sufficiency, as indicated by the rate of high school graduation, the degree of vocational preparedness, any improvements in social and other interpersonal skills and in responsible decision making and any other indicators that the department considers important in indicating the development of adolescent self-sufficiency.
48.545(3)(a)6.
6. Any other indicators that the department considers important in indicating the development of positive behaviors among adolescents.
48.545(3)(b)
(b) The department shall require a grant recipient under
sub. (2) (a) to provide an annual report showing the status of its program participants in terms of the benchmark indicators provided under
par. (a) and may renew a grant only if the recipient shows improvement on those indicators.
48.545 History
History: 1999 a. 9;
2001 a. 16;
2005 a. 25;
2007 a. 20 ss.
1204 to
1214; Stats. 2007 s. 48.545;
2009 a. 28;
2011 a. 32.
48.547
48.547
Alcohol and other drug abuse program. 48.547(1)(1)
Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn 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 and the expectant mothers of unborn children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children and the expectant mothers of unborn 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 and the expectant mothers of unborn children by establishing a juvenile and expectant mother alcohol and other drug abuse 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 and expectant mothers 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 counties selected by the department.
48.547(2)
(2) Department responsibilities. Within the availability of funding under
s. 20.437 (1) (mb) that is available for the program, the department shall select counties to participate in the program. Unless a county department of human services has been established under
s. 46.23 in the county that is seeking to implement a 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.
48.547(3)
(3) Multidisciplinary screen. The department shall provide a multidisciplinary screen for the program. The screen shall be used by an intake worker to determine whether or not a child or an expectant mother of an unborn child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children and expectant mothers for:
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 750,000. 48.56(1)
(1) Each county having a population of less than 750,000 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 750,000 or more. 48.561(1)
(1) The department shall provide child welfare services in a county having a population of 750,000 or more.
48.561(2)
(2) The department shall employ personnel in a county having a population of 750,000 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 750,000 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 750,000 or more by deducting all or part of that amount from any state payment due that county under
s. 79.035,
79.04, 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. 79.035,
79.04, 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).
