Amendment SSA1-AB68

AB68-SSA1,528,8 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.

AB68-SSA1,914 Section 914. 48.47 (20) of the statutes is created to read:

AB68-SSA1,528,12 48.47 (20) Diversity, equity, and inclusion grants. From the appropriation account under s. 20.437 (3) (r), award grants to public, private, or nonprofit entities that promote diversity and advance equity and inclusion.

AB68-SSA1,915 Section 915. 48.47 (30) of the statutes is created to read:

AB68-SSA1,528,16 48.47 (30) Diversity, equity, and inclusion grants. From the appropriation account under s. 20.437 (3) (f), award grants to public, private, or non-profit entities that promote diversity and advance equity and inclusion.

AB68-SSA1,916 Section 916. 48.48 (17m) of the statutes is created to read:

AB68-SSA1,528,22 48.48 (17m) (a) To provide funding to county departments, nonprofit corporations, Indian tribes, or licensed child welfare agencies under contract with the department or a county department for services to prevent the removal of children from the home under this chapter or chapter 938 or to promote the safety of children in the home.

AB68-SSA1,529,2 (b) To provide direct support for evidence-based services provided by the department, county departments, Indian tribes, or licensed child welfare agencies that seek to prevent the removal of children from the home under this chapter or chapter 938 or to promote the safety of children in the home on a statewide, regional, or local level, including any of the following:

AB68-SSA1,529,4 1. Training, coaching, quality assurance, and funding for certification or licensing for implementation of the evidence-based services.

AB68-SSA1,529,5 2. Purchasing or subsidizing the purchase of the evidence-based services.

AB68-SSA1,529,8 (c) To develop criteria, standards, and review procedures for the administration of this subsection. The department may promulgate rules relating to eligibility to receive support under this subsection.

AB68-SSA1,917 Section 917. 48.48 (19) of the statutes is repealed.

AB68-SSA1,918 Section 918. 48.48 (20) of the statutes is created to read:

AB68-SSA1,529,13 48.48 (20) To certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program as provided under s. 48.675 and monitor compliance with certification requirements.

AB68-SSA1,919 Section 919. 48.48 (21) of the statutes is created to read:

AB68-SSA1,529,16 48.48 (21) To provide training for staff, including contractors, of a child welfare agency or a congregate care facility, as defined in s. 48.685 (1) (ao).

AB68-SSA1,920 Section 920. 48.481 (title) of the statutes is amended to read:

AB68-SSA1,529,19 48.481 (title) Grants for children's community programs youth services.

AB68-SSA1,921 Section 921. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

AB68-SSA1,529,25 48.481 (2m) (intro.) From the appropriation under s. 20.437 (1) (bc), the The department shall distribute the following grants for children's community programs youth services to public agencies, nonprofit corporations, and Indian tribes to provide programs that accomplish one or more of the following purposes:

AB68-SSA1,922 Section 922. 48.481 (1) of the statutes is repealed.

AB68-SSA1,923 Section 923. 48.481 (1m) of the statutes is created to read:

AB68-SSA1,530,3 48.481 (1m) In this section:

AB68-SSA1,530,5 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

AB68-SSA1,530,7 (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.

AB68-SSA1,924 Section 924. 48.481 (2) of the statutes is repealed.

AB68-SSA1,925 Section 925. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

AB68-SSA1,530,11 48.481 (2m) (a) Increasing youth access to housing.

AB68-SSA1,530,13 (b) Increasing youth self-sufficiency through employment, education, and training.

AB68-SSA1,530,16 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

AB68-SSA1,530,17 (d) Preventing sex trafficking of children and youth.

AB68-SSA1,530,19 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.

AB68-SSA1,530,21 (f) Preventing and reducing the incidence of youth violence and other delinquent behavior.

AB68-SSA1,530,23 (g) Preventing and reducing the incidence of youth alcohol and other drug use and abuse.

AB68-SSA1,530,24 (h) Preventing and reducing the incidence of child abuse and neglect.

AB68-SSA1,530,25 (i) Preventing and reducing the incidence of teen pregnancy.

AB68-SSA1,531,3 (3) From the appropriations under s. 20.437 (1) (bc) and (kb), the department shall distribute $55,000 in each fiscal year to Diverse and Resilient, Inc., to provide programs that accomplish one or more of the purposes under sub. (2m).

AB68-SSA1,926 Section 926. 48.481 (4) of the statutes is created to read:

AB68-SSA1,531,10 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 and obtaining an operator's license. 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:

AB68-SSA1,531,11 (a) Fees required to enroll in a driver education course.

AB68-SSA1,531,12 (b) Fees required to obtain an operator's license under ch. 343.

AB68-SSA1,927 Section 927. 48.526 (3) (e) of the statutes is amended to read:

AB68-SSA1,531,22 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended 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.

AB68-SSA1,928 Section 928. 48.526 (3) (em) of the statutes is repealed.

AB68-SSA1,929 Section 929. 48.526 (7) (intro.) of the statutes is amended to read:

AB68-SSA1,532,5 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, 2019 2021, and ending on June 30, 2021 2023, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB68-SSA1,930 Section 930. 48.526 (7) (a) of the statutes is amended to read:

AB68-SSA1,532,10 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,383,600 $48,396,000 for the last 6 months of 2019 2021, $90,767,200 $100,893,000 for 2020 2022, and $45,383,600 $52,497,100 for the first 6 months of 2021 2023.

AB68-SSA1,931 Section 931. 48.526 (7) (b) (intro.) of the statutes is amended to read:

AB68-SSA1,532,15 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 2019 2021, $4,000,000 for 2020 2022, and $2,000,000 for the first 6 months of 2021 2023 to counties based on each of the following factors weighted equally:

AB68-SSA1,932 Section 932. 48.526 (7) (bm) of the statutes is amended to read:

AB68-SSA1,532,22 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2019 2021, $12,500,000 for 2020 2022, and $6,250,000 for the first 6 months of 2021 2023 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.

AB68-SSA1,933 Section 933. 48.526 (7) (c) of the statutes is amended to read:

AB68-SSA1,533,6 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2019 2021, $2,106,500 for 2020 2022, and $1,053,300 for the first 6 months of 2021 2023 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.

AB68-SSA1,934 Section 934 . 48.526 (7) (d) of the statutes is created to read:

AB68-SSA1,533,14 48.526 (7) (d) Of the amounts specified in par. (a), the department shall allocate an amount not to exceed $2,663,800 for the last 6 months of 2021, $9,428,600 for 2022, and $6,764,900 for the first 6 months of 2023 for costs incurred by a county for the care and maintenance of a juvenile placed under the supervision of a county department or the department of corrections in a juvenile detention facility under s. 938.22 (2) (d) 1., a juvenile correctional facility, or a secured residential care center for children and youth.

AB68-SSA1,935 Section 935 . 48.526 (7) (d) of the statutes, as created by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,533,23 48.526 (7) (d) Of the amounts specified in par. (a), the department shall allocate an amount not to exceed $2,663,800 for the last 6 months of 2021, $9,428,600 for 2022, and $6,764,900 for the first 6 months of 2023 for costs incurred by a county for the care and maintenance of a juvenile placed under the supervision of a county department or the department of corrections in a juvenile detention facility under s. 938.22 (2) (d) 1., a juvenile correctional facility, or a secured residential care center for children and youth.

AB68-SSA1,936 Section 936. 48.526 (7) (e) of the statutes is repealed.

AB68-SSA1,937 Section 937. 48.526 (7) (h) of the statutes is repealed.

AB68-SSA1,938 Section 938. 48.526 (8) of the statutes is repealed.

AB68-SSA1,939 Section 939. 48.5275 of the statutes is created to read:

AB68-SSA1,534,7 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), 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.

AB68-SSA1,940 Section 940. 48.528 of the statutes is repealed and recreated to read:

AB68-SSA1,534,11 48.528 Youth justice system improvements program. From the appropriations under s. 20.437 (1) (cm), (cn), and (kp), in each fiscal year the department may expend funds for the following purposes:

AB68-SSA1,534,16 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth or promote successful outcomes for all youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

AB68-SSA1,534,18 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB68-SSA1,534,19 (3) To fund activities required of the department under s. 48.526 (1).

AB68-SSA1,941 Section 941. 48.53 of the statutes is created to read:

AB68-SSA1,534,25 48.53 Grants to support foster parents and children. From the appropriation account under s. 20.437 (1) (bg), the department shall distribute grants to counties, nonprofit organizations, or tribes for the purpose of supporting foster parents and providing normalcy for children in out-of-home care, including for the purpose of sibling reconnection.

AB68-SSA1,942 Section 942. 48.545 of the statutes is repealed.

AB68-SSA1,943 Section 943. 48.551 of the statutes is created to read:

AB68-SSA1,535,7 48.551 Adoption recruitment services for children with special needs. From the appropriation accounts under s. 20.437 (1) (cx) and (mx), the department shall provide $300,000 annually to the Wendy's Wonderful Kids program at the Children's Hospital of Wisconsin to recruit adoptive placements for children with special needs in a county with a population of 750,000 or more.

AB68-SSA1,944 Section 944. 48.563 (2) of the statutes is amended to read:

AB68-SSA1,535,12 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $80,125,200 $106,389,600 in fiscal year 2019-20 2021-22 and $101,145,500 $111,868,900 in fiscal year 2020-21 2022-23.

AB68-SSA1,945 Section 945. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB68-SSA1,535,21 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 $254 $300 per month beginning on January 1, 2020 2022, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB68-SSA1,946 Section 946. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB68-SSA1,536,6 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 $254 $300 per month beginning on January 1, 2020 2022, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB68-SSA1,947 Section 947. 48.62 (4) of the statutes is amended to read:

AB68-SSA1,536,25 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2020 2022, the rates are $254 $300 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, $420 $431 for a child under 5 years of age; $460 $472 for a child 5 to 11 years of age; $522 $535 for a child 12 to 14 years of age; and $545 $559 for a child 15 years of age or over. Beginning on January 1, 2023, the rates 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 are $442 for a child under 5 years of age; $484 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $573 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).

AB68-SSA1,948 Section 948. 48.63 (3) (b) 4. of the statutes is amended to read:

AB68-SSA1,537,10 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB68-SSA1,949 Section 949 . 48.63 (3) (b) 5. of the statutes is amended to read:

AB68-SSA1,537,17 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB68-SSA1,950 Section 950 . 48.66 (1) (b) of the statutes is amended to read:

AB68-SSA1,537,25 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.

AB68-SSA1,951 Section 951 . 48.66 (1) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,538,9 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d) or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.