48.48 (17) (c) 4. Is living in a foster home, group home, or residential care center for children and youth, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement.
9,509
Section
509. 48.481 (3) of the statutes is repealed.
9,511
Section
511. 48.487 (1m) of the statutes is amended to read:
48.487 (1m) Tribal family services grants. From the appropriation account under s. 20.437 (1) (bd)
(js), 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.
9,512
Section
512. 48.526 (7) (intro.) of the statutes is amended to read:
48.526 (7) Allocations of funds. (intro.) 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 2019, and ending on June 30, 2017 2021, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:
9,513m
Section 513m. 48.526 (7) (a) of the statutes is amended to read:
48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,572,100 $45,383,600 for the last 6 months of 2015, $91,150,200 2019, $90,767,200 for 2016
2020, and $45,578,100 $45,383,600 for the first 6 months of 2017 2021.
9,514
Section
514. 48.526 (7) (b) (intro.) of the statutes is amended to read:
48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2015 2019, $4,000,000 for 2016 2020, and $2,000,000 for the first 6 months of 2017
2021 to counties based on each of the following factors weighted equally:
9,515
Section
515. 48.526 (7) (bm) of the statutes is amended to read:
48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2015 2019, $12,500,000 for 2016 2020, and $6,250,000 for the first 6 months of 2017 2021 to counties 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 3-year period for which that information is available.
9,516
Section
516. 48.526 (7) (c) of the statutes is amended to read:
48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2015 2019, $2,106,500 for 2016 2020, and $1,053,300 for the first 6 months of 2017 2021 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.
9,517
Section
517. 48.526 (7) (e) of the statutes is amended to read:
48.526 (7) (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
2019, $250,000 for 2016 2020, and $125,000 for the first 6 months of 2017 2021. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
9,518
Section
518. 48.526 (7) (h) of the statutes is amended to read:
48.526 (7) (h) For counties that are purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2017 2019, $2,124,800 in 2018 2020, and $1,062,400 in the first 6 months of 2019 2021 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.
9,519
Section
519. 48.526 (8) of the statutes is amended to read:
48.526 (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 2019, $1,333,400 in 2016 2020, and $666,700 in the first 6 months of 2017 2021 for alcohol and other drug abuse treatment programs.
9,522
Section
522. 48.53 of the statutes is repealed.
9,522m
Section 522m. 48.561 (3) (a) of the statutes is amended to read:
48.561 (3) (a) A county having a population of 750,000 or more shall contribute the greater of
$58,893,500 or the amount in the schedule for the appropriation under s. 20.437 (1) (cx) 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:
1. Through a reduction of $37,209,200 from the amounts distributed to that county under ss. 46.40 (2) and 48.563 (2) in each state fiscal year.
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.
3. Through a deduction of $20,101,300 the remainder of the payment after the county's contribution under subds. 1. and 2. from any state payment due that county under s. 79.035, 79.04, or 79.08 as provided in par. (b).
9,523
Section
523. 48.563 (2) of the statutes is amended to read:
48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $70,211,100 $80,125,200 in fiscal year 2017-18 2019-20 and $74,308,000 $101,145,500 in fiscal year 2018-19 2020-21.
9,524
Section
524. 48.57 (1) (c) of the statutes is amended to read:
48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes or group homes in this state or similar facilities regulated in another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility, or in a similar facility regulated in another state, or contracting for services for those children by licensed child welfare agencies in this state or a child welfare agency regulated in another state, except that the county department may 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.
9,525
Section
525. 48.57 (3) (a) 4. of the statutes is amended to read:
48.57 (3) (a) 4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home, qualifying residential family-based treatment facility, or a similar facility regulated in another state or in a supervised independent living arrangement.
9,526m
Section 526m. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $238 $254 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019 2020, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
9,527m
Section 527m. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $238 $254 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019 2020, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
9,528m
Section 528m. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2018 2020, the rates are $238 $254 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $394
$420 for a child under 5 years of age; $431 $460 for a child 5 to 11 years of age; $490 $522 for a child 12 to 14 years of age; and $511 $545 for a child 15 years of age or over. Beginning on January 1, 2019, the rates are $244 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $404 for a child under 5 years of age; $442 for a child 5 to 11 years of age; $502 for a child 12 to 14 years of age; and $524 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).
9,529
Section
529. 48.623 (3) (a) of the statutes is amended to read:
48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). The county department shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1) (d). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (dd) (cx) and (pd) (mx).
9,530
Section
530. 48.63 (1) (bm) of the statutes is created to read:
48.63 (1) (bm) Acting under a voluntary agreement, a child's parent, the department, or a county department may place the child in a qualifying residential family-based treatment facility with a parent, if such a placement is recommended in the child's permanency plan under s. 48.38 (4) (em) before the placement is made. A placement under this paragraph cannot exceed 180 days from the date on which the child was removed from the home under the voluntary agreement.
9,531
Section
531. 48.63 (1) (c) of the statutes is amended to read:
48.63 (1) (c) Voluntary agreements may be made only under par. (a) or, (b), or (bm) or sub. (5) (b), shall be in writing, shall state whether the child has been adopted, and shall specifically state that the agreement may be terminated at any time by the parent, guardian, or Indian custodian or by the child if the child's consent to the agreement is required. In the case of an Indian child who is placed under par. (a) or, (b)
, or (bm) by the voluntary agreement of the Indian child's parent or Indian custodian, the voluntary consent of the parent or Indian custodian to the placement shall be given as provided in s. 48.028 (5) (a). The child's consent to an agreement under par. (a) or, (b), or (bm) is required whenever the child is 12 years of age or older.
9,532
Section
532. 48.645 (1) (a) of the statutes is amended to read:
48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.623, in a residential care center for children and youth licensed under s. 48.60, with a parent in a qualifying residential family-based treatment facility, or in a supervised independent living arrangement and has been placed in that home, center, or arrangement by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a governing body of an Indian tribe in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
9,532c
Section 532c. 48.645 (2) (a) 2. of the statutes is amended to read:
48.645 (2) (a) 2. A county or, in a county having a population of 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when the child is placed in a licensed residential care center for children and youth or a qualifying residential family-based treatment center by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.
9,532d
Section 532d. 48.645 (2) (a) 3. of the statutes is amended to read:
48.645 (2) (a) 3. A county or, in a county having a population of 750,000 or more, the department, when the child is placed in a licensed foster home, group home, or residential care center for children and youth, or a qualifying residential family-based treatment facility, in a subsidized guardianship home, or in a supervised independent living arrangement by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.
9,532e
Section 532e. 48.645 (2) (a) 4. of the statutes is amended to read:
48.645 (2) (a) 4. A licensed foster home, group home, or residential care center for children and youth
, or a qualifying residential family-based treatment facility or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of a tribal court in this state and the placement is made under an agreement between the department and the governing body of the Indian tribe of the tribal court, or when the child was part of the state's direct service case load and was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.
9,534
Section
534. 48.651 (3) (a) of the statutes is amended to read:
48.651 (3) (a) If a child care provider certified under sub. (1) is convicted of a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider certified under sub. (1) is convicted or adjudicated delinquent for committing a serious crime, as defined in s. 48.686 (1) (c), on or after his or her 10th birthday, or if the department provides written notice of a decision under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident person is ineligible for certification, employment, or residence
to operate, work at, or reside at the child care provider, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.
9,535
Section
535. 48.651 (3) (b) of the statutes is amended to read:
48.651 (3) (b) If a child care provider certified under sub. (1) is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.686 (1) (c), or if a caregiver specified in s. 48.686 (1) (ag) 1. or a nonclient resident, as defined in s. 48.686 (1) (bm), of the person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider certified under sub. (1) is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under sub. (1) operate, work at, or reside at the child care provider.
9,536
Section
536. 48.685 (1) (ao) of the statutes is created to read:
48.685 (1) (ao) “Congregate care facility” means a group home, shelter care facility, or residential care center for children and youth.
9,537
Section
537. 48.685 (1) (ap) of the statutes is created to read:
48.685 (1) (ap) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.
9,538
Section
538. 48.685 (1) (c) 2. of the statutes is amended to read:
48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (2), 948.215, 948.30, or 948.53.
9,539
Section
539. 48.685 (2) (am) 5. of the statutes is amended to read:
48.685 (2) (am) 5. Information maintained by the department of health services under this section and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979 (1) (b) regarding any denial to the person of a license, or continuation or renewal of a license to operate an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, or continuation or renewal of a license, payments, employment, a contract, or permission to reside as described in this subdivision, the department, a county department, or a child welfare agency need not obtain the information specified in subds. 1. to 4., and the department need not obtain a fingerprint-based background check under par. (ba).
9,540
Section
540. 48.685 (2) (b) (intro.) of the statutes is amended to read:
48.685 (2) (b) (intro.) Every entity shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. a. or am. of the entity and, with respect to a nonclient resident of a caregiver specified in sub. (1) (ag) 1. am., and with respect to a congregate care worker, except a caregiver specified in sub. (1) (ag) 1. b., of the entity:
9,541
Section
541. 48.685 (2) (ba) of the statutes is created to read:
48.685 (2) (ba) If the person who is the subject of the search under par. (am) or (b) is a congregate care worker, the department shall obtain a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A), unless the search has been terminated under par. (am) 5. or (b) 5m. The department, county department, or child welfare agency may release any information obtained under this paragraph only as permitted under 32 USC 20962 (e).
9,542
Section
542. 48.685 (2) (bb) of the statutes is amended to read:
48.685 (2) (bb) If information obtained under par. (am) or, (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or, (b)
, or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or, (b), or (ba), a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
9,543
Section
543. 48.685 (2) (bg) of the statutes is amended to read:
48.685 (2) (bg) If an entity employs or contracts with a caregiver or congregate care worker for whom, within the last year, the information required under par. (b) 1m. to 3m. and 5m. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1m. to 3m. and 5m. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1m. to 3m. and 5m.
9,544
Section
544. 48.685 (2) (bm) of the statutes is amended to read:
48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) is not a resident of this state, or if at any time within the 5 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 5 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1m. The department, county department, child welfare agency, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The department, county department, or child welfare agency cannot use any information obtained under this paragraph for any purpose other than a search of the person's background under par. (am) or (b).
9,545
Section
545. 48.685 (2) (c) 1. of the statutes is amended to read:
48.685 (2) (c) 1. If the person who is the subject of the search under par. (am) is seeking an initial license to operate a foster home or is seeking relicensure after a break in licensure, the department, county department, or child welfare agency shall request under 42 USC 16962 34 USC 20962 (b) a fingerprint-based check of the national crime information databases, as defined in 28 USC 534 (f) (3) (A). If that person is seeking subsidized guardianship payments under s. 48.623 (6), the department in a county having a population of 750,000 or more or county department shall request that fingerprint-based check. The department, county department, or child welfare agency may release any information obtained under this subdivision only as permitted under 42 USC 16962 34 USC 20962 (e).
9,546
Section
546. 48.685 (2) (d) of the statutes is amended to read:
48.685 (2) (d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver or congregate care worker under par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
9,547
Section
547. 48.685 (3) (b) of the statutes is amended to read:
48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1m. to 5m. for all persons who are caregivers specified in sub. (1) (ag) 1. a. or am. of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1. am. of the entity subject to sub. (2) (b).
9,548
Section
548. 48.685 (3) (c) of the statutes is created to read:
48.685 (3) (c) Every 4 years or at any time within that period that the department considers appropriate, the department shall obtain the information specified in sub. (2) (ba) for all persons who are congregate care workers.
9,549
Section
549. 48.685 (4m) (a) 1. of the statutes is amended to read:
48.685 (4m) (a) 1. That the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday.
9,550
Section
550. 48.685 (4m) (b) (intro.) of the statutes is amended to read:
48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a caregiver specified in sub. (1) (ag) 1. a. or am. or a congregate care worker or permit a nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the entity knows or should have known any of the following:
9,551
Section
551. 48.685 (4m) (b) 1. of the statutes is amended to read:
48.685 (4m) (b) 1. That the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 10th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 10th birthday.
9,552
Section
552. 48.685 (4m) (c) of the statutes is amended to read:
