AB56: Bill Text

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.

AB56,525 Section 525. 48.57 (3) (a) 4. of the statutes is amended to read:

AB56,490,4 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.

AB56,526 Section 526. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB56,490,14 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 $249 per month beginning on January 1, 2018 2020, and $244 $254 per month beginning on January 1, 2019 2021, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB56,527 Section 527. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB56,490,25 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 $249 per month beginning on January 1, 2018 2020, and $244 $254 per month beginning on January 1, 2019 2021, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB56,528 Section 528. 48.62 (4) of the statutes is amended to read:

AB56,491,22 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 $249 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 $412 for a child under 5 years of age; $431 $451 for a child 5 to 11 years of age; $490 $512 for a child 12 to 14 years of age; and $511 $534 for a child 15 years of age or over. Beginning on January 1, 2019 2021, the rates are $244 $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, $404 $420 for a child under 5 years of age; $442 $460 for a child 5 to 11 years of age; $502 $522 for a child 12 to 14 years of age; and $524 $545 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).

AB56,529 Section 529. 48.623 (3) (a) of the statutes is amended to read:

AB56,492,5 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).

AB56,530 Section 530. 48.63 (1) (bm) of the statutes is created to read:

AB56,492,12 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. A placement under this paragraph may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement.

AB56,531 Section 531. 48.63 (1) (c) of the statutes is amended to read:

AB56,492,22 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.

AB56,532 Section 532. 48.645 (1) (a) of the statutes is amended to read:

AB56,493,8 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.

AB56,533 Section 533 . 48.645 (2) (a) 5. of the statutes is created to read:

AB56,493,12 48.645 (2) (a) 5. A qualifying residential family-based treatment facility when the child is residing there with a parent under a voluntary agreement under s. 48.63 (1) (bm) or when the child is placed there with a parent by an order of the court.

AB56,534 Section 534. 48.651 (3) (a) of the statutes is amended to read:

AB56,494,2 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.

AB56,535 Section 535. 48.651 (3) (b) of the statutes is amended to read:

AB56,494,17 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.

AB56,536 Section 536 . 48.685 (1) (ao) of the statutes is created to read:

AB56,494,20 48.685 (1) (ao) “Congregate care facility” means a group home, shelter care facility, or residential care center for children and youth.

AB56,537 Section 537 . 48.685 (1) (ap) of the statutes is created to read:

AB56,494,25 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.

AB56,538 Section 538. 48.685 (1) (c) 2. of the statutes is amended to read:

AB56,495,6 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.

AB56,539 Section 539 . 48.685 (2) (am) 5. of the statutes is amended to read:

AB56,495,20 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).

AB56,540 Section 540 . 48.685 (2) (b) (intro.) of the statutes is amended to read:

AB56,496,2 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:

AB56,541 Section 541 . 48.685 (2) (ba) of the statutes is created to read:

AB56,496,7 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.

AB56,542 Section 542 . 48.685 (2) (bb) of the statutes is amended to read:

AB56,496,25 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.

AB56,543 Section 543. 48.685 (2) (bg) of the statutes is amended to read:

AB56,497,10 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.

AB56,544 Section 544 . 48.685 (2) (bm) of the statutes is amended to read:

AB56,498,5 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 may release any information obtained under this paragraph only as permitted under 32 USC 20962 (e).

AB56,545 Section 545 . 48.685 (2) (c) 1. of the statutes is amended to read: