AB56: Bill Text

AB56,490 Section 490 . 48.02 (2) of the statutes is amended to read:

AB56,478,17 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.

AB56,491 Section 491. 48.02 (14m) of the statutes is created to read:

AB56,478,21 48.02 (14m) “Qualifying residential family-based treatment facility” means a certified residential family-based alcohol or drug abuse treatment facility that meets all of the following criteria:

AB56,478,24 (a) The treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling.

AB56,479,6 (b) The substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.

AB56,492 Section 492. 48.13 of the statutes is amended to read:

AB56,479,11 48.13 Jurisdiction over children alleged to be in need of protection or services. Except as provided in s. 48.028 (3), the court has exclusive original jurisdiction over a child alleged to be in need of protection or services which can be ordered by the court, and if one of the following applies:

AB56,479,12 (1) Who The child is without a parent or guardian;.

AB56,479,13 (2) Who The child has been abandoned;.

AB56,479,15 (2m) Whose The child's parent has relinquished custody of the child under s. 48.195 (1);.

AB56,479,17 (3) Who The child has been the victim of abuse, as defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted by another;.

AB56,479,21 (3m) Who The child is at substantial risk of becoming the victim of abuse, as defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;.

AB56,479,24 (4) Whose The child's parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child;.

AB56,480,3 (4m) Whose The child's guardian is unable or needs assistance to care for or provide necessary special treatment or care for the child, but is unwilling or unable to sign the petition requesting jurisdiction under this subsection ;.

AB56,480,4 (5) Who The child has been placed for care or adoption in violation of law ;.

AB56,480,6 (8) Who The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized ;.

AB56,480,10 (9) Who The child is at least age 12, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide;.

AB56,480,14 (10) Whose The child's parent, guardian or legal custodian neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child;.

AB56,480,22 (10m) Whose The child's parent, guardian or legal custodian is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home;.

AB56,481,2 (11) Who The child is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to ameliorate the symptoms; .

AB56,481,5 (11m) Who The child is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment ; or.

AB56,481,7 (13) Who The child has not been immunized as required by s. 252.04 and not exempted under s. 252.04 (3).

AB56,493 Section 493. 48.13 (14) of the statutes is created to read:

AB56,481,12 48.13 (14) The child's parent is residing in a qualifying residential family-based treatment facility, signs the petition requesting jurisdiction under this subsection, and, with the department's consent, requests that the child reside with him or her at the qualifying residential family-based treatment facility.

AB56,494 Section 494. 48.207 (1) (L) of the statutes is created to read:

AB56,481,17 48.207 (1) (L) With a parent in a qualifying residential family-based treatment facility if the child's permanency plan includes a recommendation for such a placement under s. 48.38 (4) (em) before the placement is made and the parent consents to the placement.

AB56,495 Section 495 . 48.345 (3) (c) of the statutes is amended to read:

AB56,481,21 48.345 (3) (c) A foster home licensed under s. 48.62, a group home licensed under s. 48.625, a foster home, group home, or similar facility regulated in another state, or in the home of a guardian under s. 48.977 (2).

AB56,496 Section 496 . 48.345 (3) (cm) of the statutes is amended to read:

AB56,482,2 48.345 (3) (cm) A group home described in s. 48.625 (1m) or a similar facility regulated in another state, if the child is at least 12 years of age, is a custodial parent, as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care, and is in need of a safe and structured living arrangement.

AB56,497 Section 497 . 48.345 (3) (d) of the statutes is amended to read:

AB56,482,6 48.345 (3) (d) A residential treatment care center for children and youth operated by a child welfare agency licensed under s. 48.60, or a similar facility regulated in another state.

AB56,498 Section 498. 48.345 (3) (e) of the statutes is created to read:

AB56,482,11 48.345 (3) (e) With a parent in a qualifying residential family-based treatment facility, or a similar facility regulated in another state, if the child's permanency plan includes a recommendation for such a placement under s. 48.38 (4) (em) before the placement is made.

AB56,499 Section 499. 48.38 (2) (intro.) of the statutes is amended to read:

AB56,482,22 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

AB56,500 Section 500. 48.38 (2) (d) of the statutes is amended to read:

AB56,483,3 48.38 (2) (d) The child was placed under a voluntary agreement between the agency and the child's parent under s. 48.63 (1) (a) or (bm) or (5) (b) or under a voluntary transition-to-independent-living agreement under s. 48.366 (3).

AB56,501 Section 501. 48.38 (4) (em) of the statutes is created to read:

AB56,483,6 48.38 (4) (em) A recommendation regarding placement with a parent in a qualifying residential family-based treatment facility.

AB56,502 Section 502 . Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB56,483,9 CHAPTER 48

AB56,483,12 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

AB56,503 Section 503 . 48.44 of the statutes is amended to read:

AB56,483,17 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB56,504 Section 504 . 48.45 (1) (a) of the statutes is amended to read:

AB56,484,2 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB56,505 Section 505 . 48.45 (1) (am) of the statutes is amended to read:

AB56,484,10 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB56,506 Section 506 . 48.45 (3) of the statutes is amended to read:

AB56,484,16 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB56,507 Section 507 . 48.48 (17) (a) 3. of the statutes is amended to read:

AB56,485,7 48.48 (17) (a) 3. 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 the those children in licensed foster homes or group homes in this state or a similar facility regulated in another state within a reasonable proximity to the agency with legal custody, placing the those children in the homes of guardians under s. 48.977 (2), placing those children in a qualifying residential family-based treatment facility with a parent 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 similar child welfare agency regulated in another state, except that the department may not purchase the educational component of private day treatment programs unless the 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 department and the school district shall be resolved by the state superintendent of public instruction.

AB56,508 Section 508. 48.48 (17) (c) 4. of the statutes is amended to read:

AB56,485,12 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.

AB56,509 Section 509. 48.481 (3) of the statutes is repealed.

AB56,510 Section 510. 48.481 (4) of the statutes is created to read:

AB56,485,21 48.481 (4) Driver education program. The department shall establish or contract for a driver education program for individuals who are 15 years of age or older and in out-of-home care. The program shall provide assistance with identifying and enrolling in an appropriate driver education course, obtaining an operator's license, and obtaining motor vehicle liability insurance. From the appropriation under s. 20.437 (1) (a), the department may pay all of the following expenses that apply to an individual in the program:

AB56,485,22 (a) Fees required to enroll in a driver education course.

AB56,485,23 (b) Fees required to obtain an operator's license under ch. 343.

AB56,486,3 (c) The cost of motor vehicle liability insurance for the motor vehicle owned or used by the individual while participating in the program and after obtaining an operator's license, including any increase in the cost of motor vehicle liability insurance on a motor vehicle owned by an out-of-home care provider and used by the individual.

AB56,511 Section 511 . 48.487 (1m) of the statutes is amended to read:

AB56,486,10 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.

AB56,512 Section 512 . 48.526 (7) (intro.) of the statutes is amended to read:

AB56,486,16 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:

AB56,513 Section 513 . 48.526 (7) (a) of the statutes is amended to read:

AB56,486,20 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,572,100 for the last 6 months of 2015 2019, $91,150,200 for 2016 2020, and $45,578,100 for the first 6 months of 2017 2021.

AB56,514 Section 514 . 48.526 (7) (b) (intro.) of the statutes is amended to read:

AB56,486,25 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:

AB56,515 Section 515. 48.526 (7) (bm) of the statutes is amended to read:

AB56,487,7 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.

AB56,516 Section 516 . 48.526 (7) (c) of the statutes is amended to read:

AB56,487,16 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.

AB56,517 Section 517 . 48.526 (7) (e) of the statutes is amended to read:

AB56,487,22 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.

AB56,518 Section 518 . 48.526 (7) (h) of the statutes is amended to read:

AB56,488,9 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.

AB56,519 Section 519 . 48.526 (8) of the statutes is amended to read:

AB56,488,14 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.

AB56,520 Section 520 . 48.5275 of the statutes is created to read:

AB56,488,20 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2021, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

AB56,521 Section 521 . 48.5276 of the statutes is created to read:

AB56,489,2 48.5276 County facility start-up costs. From the appropriation under s. 20.437 (1) (cn), the department shall reimburse counties for the one-time start-up costs under s. 48.526 (2) (c) incurred by a county, either on its own or jointly with one or more counties, in establishing a secured residential care center for children and youth under s. 59.53 (8m).

AB56,522 Section 522. 48.53 of the statutes is repealed.

AB56,523 Section 523. 48.563 (2) of the statutes is amended to read:

AB56,489,8 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 $78,708,100 in fiscal year 2017-18 2019-20 and $74,308,000 $90,478,400 in fiscal year 2018-19 2020-21.

AB56,524 Section 524 . 48.57 (1) (c) of the statutes is amended to read:

AB56,489,24 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.