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.
48.526
48.526
Community youth and family aids. 48.526(1)
(1)
Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services, as defined in
s. 46.011 (1c), and shall provide consultation and technical assistance to aid counties in the implementation and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section.
48.526(2)(a)(a) All funds to counties under this section shall be allocated to county departments under
ss. 46.215,
46.22 and
46.23 subject to
ss. 48.569 (2) and
49.325. No reimbursement may be made to any multicounty department until the counties that established the department have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.
48.526(2)(b)
(b) Uniform fees collected or received by counties under
s. 49.32 (1) for services provided under this section shall be applied to cover the cost of the services.
48.526(2)(c)
(c) All funds to counties under this section shall be used to purchase or provide community-based juvenile delinquency-related services, as defined in
s. 46.011 (1c), and to purchase juvenile correctional services, as defined in
s. 46.011 (1p), except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under
s. 46.17,
46.175, or
301.37, for reimbursement of costs under
s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under
s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile detention facilities.
48.526(2m)
(2m) Public participation process. In determining the use of funds under this section, county departments under
ss. 46.215,
46.22 and
46.23 shall assess needs using an open public participation process that involves representatives of those receiving services.
48.526(3)(a)(a) Receipt of funds under this subsection is contingent upon use of the public participation process required under
sub. (2m).
48.526(3)(c)
(c) Within the limits of the appropriations under
s. 20.437 (1) (cj) and
(o), the department shall allocate funds to each county for services under this section.
48.526(3)(dm)
(dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5 percent of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.
48.526(3)(e)
(e) The department may carry forward $500,000 or 10 percent of its funds allocated under this subsection and not encumbered or carried forward under
par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within
s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in
s. 46.011 (1c). The allocation does not affect a county's base allocation.
48.526(3)(em)
(em) The department may carry forward any emergency funds allocated under
sub. (7) (e) and not encumbered or carried forward under
par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within
s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under
sub. (7) (e). The allocation does not affect a county's base allocation.
48.526(6)(a)(a) The department shall develop criteria as provided in
par. (b) to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under
s. 20.437 (1) (cj) and
(o) for purposes described in this section.
48.526(6)(b)
(b) The criteria developed under
par. (a) shall include performance standards criteria to be used to determine whether counties are successfully diverting juveniles from juvenile correctional facilities to less restrictive community programs and are successfully rehabilitating juveniles who are adjudged delinquent. Counties shall provide information requested by the department in order to apply the criteria and assess their performances.
48.526(7)
(7) Allocations of funds. Within the limits of the availability of the appropriations under
s. 20.437 (1) (cj) and
(o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2015, and ending on June 30, 2017, as provided in this subsection to county departments under
ss. 46.215,
46.22, and
46.23 as follows:
48.526(7)(a)
(a) For community youth and family aids under this section, amounts not to exceed $45,572,100 for the last 6 months of 2015, $91,150,200 for 2016, and $45,578,100 for the first 6 months of 2017.
48.526(7)(b)
(b) Of the amounts specified in
par. (a), the department shall allocate $2,000,000 for the last 6 months of 2015, $4,000,000 for 2016, and $2,000,000 for the first 6 months of 2017 to counties based on each of the following factors weighted equally:
48.526(7)(b)1.
1. Each county's proportion of the total statewide juvenile population for the most recent year for which that information is available.
48.526(7)(b)2.
2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice during the most recent 3-year period for which that information is available.
48.526(7)(b)3.
3. Each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.
48.526(7)(bm)
(bm) Of the amounts specified in
par. (a), the department shall allocate $6,250,000 for the last 6 months of 2015, $12,500,000 for 2016, and $6,250,000 for the first 6 months of 2017 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.
48.526(7)(c)
(c) Of the amounts specified in
par. (a), the department shall allocate $1,053,200 for the last 6 months of 2015, $2,106,500 for 2016, and $1,053,300 for the first 6 months of 2017 to counties based on each of the factors specified in
par. (b) 1. to
3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in
par. (b) 3.
48.526(7)(e)
(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2015, $250,000 for 2016, and $125,000 for the first 6 months of 2017. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
48.526(7)(h)
(h) For counties that are purchasing community supervision services under
s. 938.533 (2), $1,062,400 in the last 6 months of 2017, $2,124,800 in 2018, and $1,062,400 in the first 6 months of 2019 for the provision of community supervision services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall distribute to each county the full amount of the charges for the services purchased by that county, except that if the amounts available under this paragraph are insufficient to distribute that full amount, the department shall distribute those available amounts to each county that purchases community supervision services based on the ratio that the charges to that county for those services bear to the total charges to all counties that purchase those services.
Effective date note
NOTE: Par. (h) is shown as amended eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by
2015 Wis. Act 55. Prior to that date it reads:
Effective date text
(h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2015, $2,124,800 in 2016, and $1,062,400 in the first 6 months of 2017 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.
48.526(8)
(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in
sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2015, $1,333,400 in 2016, and $666,700 in the first 6 months of 2017 for alcohol and other drug abuse treatment programs.
48.526 History
History: 2015 a. 55 ss.
1676 to
1678,
4256 to
4263,
4276 to
4278,
4280,
4282,
4284,
4286,
4288,
4290,
4292,
4294; Stats. 2015 s. 48.526.
48.528
48.528
Community intervention program. 48.528(1)
(1) In each fiscal year, the department shall distribute the amount appropriated under
s. 20.437 (1) (cm) to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.
48.528(2)
(2) To determine eligibility for a payment under
sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.
48.528(3)
(3) The department shall distribute 33 percent of the amounts distributed under
sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available. The department shall distribute 33 percent of the amounts distributed under
sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 2-year period for which that information is available. The department shall distribute 34 percent of the amounts distributed under
sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available.
48.528 History
History: 2015 a. 55 ss.
4295,
4297 to
4299; Stats. 2015 s. 48.528.
48.53
48.53
Literacy and early childhood development grants. 48.53(1)(a)
(a) “Council" means the read to lead development council.
48.53(1)(b)
(b) “State superintendent" means the state superintendent of public instruction.
48.53(2)
(2) The council shall make recommendations to the secretary and state superintendent regarding recipients of grants under
sub. (3). The amount of each grant awarded shall be determined jointly by the secretary and the state superintendent. In addition to reports required under
s. 15.09 (7), annually the council shall submit a report on its operation to the appropriate standing committees of the legislature under
s. 13.172 (3).
48.53(3)(a)1.
1. A grant to any person other than a school board for support of a literacy or early childhood development program.
48.53(3)(a)2.
2. Upon consultation with the state superintendent of public instruction, a grant to a school board for support of a literacy or early childhood development program.
48.53(3)(b)
(b) From the appropriation under
s. 20.437 (1) (q), the secretary may award a grant to any person other than a school board for support of a literacy or early childhood development program.
48.53(3)(c)
(c) From the appropriation under
s. 20.255 (2) (q), the state superintendent may award a grant to a school board for support of a literacy or early childhood development program.
48.53 History
History: 2015 a. 55 ss.
88 to
93,
1678p; Stats. 2015 s. 48.53.
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, subject to
par. (am), shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 750,000 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 750,000 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 Note
NOTE: Par. (a) (intro.) is shown as affected by
2015 Wis. Acts 55 and
172 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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)(am)
(am) From the amounts allocated under
par. (a), the department may distribute an amount determined by the department to a nonprofit corporation or public agency to provide a program that accomplishes all of the following:
48.545(2)(am)1.
1. Prevents and reduces the incidence of adverse early childhood experiences in children 8 years of age and under and reduces the effects of those experiences through behavioral health and other services.
48.545(2)(am)2.
2. Provides professional development, training, and research in serving children 8 years of age and under for practitioners serving those children.
48.545(2)(am)3.
3. Provides direct services for children 8 years of age and under.
48.545(2)(am)4.
4. Provides child care, including a special care nursery, for children 8 years of age and under that has achieved the top rating provided under the child care quality rating system under
s. 48.659.
48.545(2)(am)5.
5. Provides early intervention services under
s. 51.44, early childhood education services, in-home treatment services, family services, and outpatient occupational therapy, physical therapy, and speech therapy services for children 8 years of age and under.
48.545(2)(b)
(b) A nonprofit corporation or public agency that is applying for a grant under
par. (a) or
(am) 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;
2015 a. 55,
172; s. 13.92 (2) (i).
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.
