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AB68,672,2120 46.977 (2) (b) (intro.) Organizations awarded grants under par. (a) (am) shall
21do all of the following:
AB68,793 22Section 793 . 46.977 (2) (c) of the statutes is amended to read:
AB68,672,2523 46.977 (2) (c) In reviewing applications for grants under par. (am), the
24department shall consider the extent to which the proposed program will effectively
25train and assist guardians for individuals found incompetent under ch. 54.
AB68,794
1Section 794. 46.977 (3) of the statutes is created to read:
AB68,673,32 46.977 (3) Grant for initial training. (a) The department shall award a grant
3to develop, administer, and conduct the guardian training required under s. 54.26.
AB68,673,74 (b) The department shall require the grantee to have expertise in state
5guardianship law, experience with technical assistance and support to guardians
6and wards, and knowledge of common challenges and questions encountered by
7guardians and wards.
AB68,673,128 (c) The grantee selected to develop training that meets the requirements under
9s. 54.26 (1) shall develop plain-language, web-based training modules using
10adult-learning design principles that can be accessed for free by training topic and
11in formats that maximize accessibility, with printed versions available for free upon
12request.
AB68,795 13Section 795. 46.995 (4) of the statutes is created to read:
AB68,673,1714 46.995 (4) The department shall ensure that any child who is eligible and who
15applies for the disabled children's long-term support program that is operating
16under a waiver of federal law receives services under the disabled children's
17long-term support program that is operating under a waiver of federal law.
AB68,796 18Section 796. 47.02 (3m) (f) of the statutes is amended to read:
AB68,674,219 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services
20under this chapter is determined without regard to the sex, race, age, creed, color,
21or national origin, sexual orientation, as defined in s. 111.32 (13m), gender
22expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k)

23of the individual applying for services, that no class of individuals is found ineligible
24solely on the basis of type of disability and that no age limitations for eligibility exist

1which that, by themselves, would result in ineligibility for vocational rehabilitation
2services.
AB68,797 3Section 797. 47.07 (1) of the statutes is amended to read:
AB68,674,64 47.07 (1) The department shall allocate for each fiscal year at least $250,000
5from the appropriation under s. 20.445 (1) (b) (5) (b) for contracts and activities
6entered into under this section.
AB68,798 7Section 798. 47.07 (3) of the statutes is created to read:
AB68,674,128 47.07 (3) The department may facilitate Project SEARCH opportunities for
9young adults with disabilities, administer operations, contracts, and services related
10to the Project SEARCH program, provide training related to the Project SEARCH
11program, maintain existing Project SEARCH program sites, and manage the timing
12for expanding the number of available Project SEARCH program sites.
AB68,799 13Section 799 . 48.02 (1d) of the statutes is amended to read:
AB68,674,1714 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that
15for purposes of investigating or prosecuting a person who is alleged to have violated
16any state or federal criminal law or any civil law or municipal ordinance, “ adult"
17means a person who has attained 17 years of age
.
AB68,800 18Section 800 . 48.02 (2) of the statutes is amended to read:
AB68,674,2319 48.02 (2) “Child," when used without further qualification, means a person who
20is less than 18 years of age, except that for purposes of investigating or prosecuting
21a person who is alleged to have violated a state or federal criminal law or any civil
22law or municipal ordinance, “child" does not include a person who has attained 17
23years of age
.
AB68,801 24Section 801 . 48.02 (13) of the statutes is amended to read:
AB68,675,20
148.02 (13) “Parent" means a biological natural parent, a husband who has
2consented to the artificial insemination of his wife under s. 891.40,
or a parent by
3adoption. If the child is a nonmarital child who is not adopted or whose parents do
4not subsequently intermarry under s. 767.803, “parent" includes a person
5conclusively determined from genetic test results to be the father under s. 767.804
6or, a person acknowledged under s. 767.805 or a substantially similar law of another
7state to be a natural parent, or a person adjudicated to be the biological father a
8natural parent
. “Parent" does not include any person whose parental rights have
9been terminated. For purposes of the application of s. 48.028 and the federal Indian
10Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent
11of an Indian child, an Indian husband spouse who has consented to the artificial
12insemination of his wife or her spouse under s. 891.40, or an Indian person who has
13lawfully adopted an Indian child, including an adoption under tribal law or custom,
14and includes, in the case of a nonmarital Indian child who is not adopted or whose
15parents do not subsequently intermarry under s. 767.803, a person conclusively
16determined from genetic test results to be the father under s. 767.804, a person
17acknowledged under s. 767.805, a substantially similar law of another state, or tribal
18law or custom to be the biological father natural parent, or a person adjudicated to
19be the biological father natural parent, but does not include any person whose
20parental rights have been terminated.
AB68,802 21Section 802. 48.02 (14k) of the statutes is created to read:
AB68,675,2322 48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a
23(c) (1) (D).
AB68,803 24Section 803. 48.02 (17t) of the statutes is created to read:
AB68,676,5
148.02 (17t) “Standardized assessment” means an assessment, using a tool
2determined by the department, of the strengths and needs of a child to determine
3appropriateness of a placement in a residential care center, group home, or shelter
4care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8)
5(b).
AB68,804 6Section 804 . 48.023 (4) of the statutes is amended to read:
AB68,676,117 48.023 (4) The rights and responsibilities of legal custody except when legal
8custody has been vested in another person or when the child is under the supervision
9of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or
10938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d),
11(4m), or (4n).
AB68,805 12Section 805 . 48.023 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and
132021 Wisconsin Act .... (this act), is repealed and recreated to read:
AB68,676,1714 48.023 (4) The rights and responsibilities of legal custody except when legal
15custody has been vested in another person or when the child is under the supervision
16of the department of corrections under s. 938.183, 938.34 (4m), or 938.357 (3) or (4)
17or the supervision of a county department under s. 938.34 (4m) or (4n).
AB68,806 18Section 806 . 48.025 (title) of the statutes is amended to read:
AB68,676,20 1948.025 (title) Declaration of paternal parental interest in matters
20affecting children.
AB68,807 21Section 807 . 48.025 (2) (b) of the statutes is amended to read:
AB68,677,222 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the
23birth of the child or within 14 days after the birth of the child, except that a man
24person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21

1days after the date on which the notice was mailed. This paragraph does not apply
2to a declaration filed before July 1, 2006.
AB68,808 3Section 808 . 48.025 (3) (c) of the statutes is amended to read:
AB68,677,174 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
5or under a substantially similar law of another state or a person authorized to file
6a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
7law of another state may request the department to search its files to determine
8whether a person who may be the father parent of the child who is the subject of the
9proceeding has filed a declaration under this section. If the department has on file
10a declaration of paternal parental interest in matters affecting the child, the
11department shall issue to the requester a copy of the declaration. If the department
12does not have on file a declaration of paternal parental interest in matters affecting
13the child, the department shall issue to the requester a statement that no declaration
14could be located. The department may require a person who requests a search under
15this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
16department of maintaining its file of declarations and publicizing information
17relating to declarations of paternal parental interest under this section.
AB68,809 18Section 809. 48.21 (1) (c) of the statutes is created to read:
AB68,678,219 48.21 (1) (c) If the child is held in custody in a residential care center for
20children and youth, group home, or shelter care facility certified under s. 48.675, the
21qualified individual shall conduct a standardized assessment and the intake worker
22or agency primarily responsible for providing services under the custody order shall
23submit it and the recommendation of the qualified individual who conducted the
24standardized assessment, including all of the following, to the court and all persons
25who are required to receive a copy of the petition or request under par. (b) no later

1than the hearing or, if not available by that time, no later than 30 days after the date
2on which the placement is made:
AB68,678,43 1. Whether the proposed placement will provide the child with the most
4effective and appropriate level of care in the least restrictive environment.
AB68,678,65 2. How the placement is consistent with the short-term and long-term goals
6for the child, as specified in the permanency plan.
AB68,678,97 3. The reasons why the child's needs can or cannot be met by the child's family
8or in a foster home. A shortage or lack of foster homes is not an acceptable reason
9for determining that the child's needs cannot be met in a foster home.
AB68,678,1210 4. The placement preference of the family permanency team under s. 48.38
11(3m) and, if that preference is not the placement recommended by the qualified
12individual, why that recommended placement is not preferred.
AB68,810 13Section 810. 48.21 (5) (b) 2g. of the statutes is created to read:
AB68,678,1914 48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody
15in a residential care center for children and youth, group home, or shelter care facility
16certified under s. 48.675, a finding as to each of the following, the answers to which
17do not affect whether the placement may be made, after considering the
18standardized assessment and the recommendation of the qualified individual under
19sub. (1) (c):
AB68,678,2120 a. Whether the needs of the child can be met through placement in a foster
21home.
AB68,678,2522 b. Whether placement of the child in a residential care center for children and
23youth, group home, or shelter care facility certified under s. 48.675 provides the most
24effective and appropriate level of care for the child in the least restrictive
25environment.
AB68,679,2
1c. Whether the placement is consistent with the short-term and long-term
2goals for the child, as identified in the permanency planning.
AB68,679,43 d. Whether the judge or court commissioner approves or disapproves the
4placement.
AB68,811 5Section 811. 48.21 (5) (cm) of the statutes is created to read:
AB68,679,126 48.21 (5) (cm) If the results of the standardized assessment and
7recommendation of the qualified individual who conducted the standardized
8assessment are required under sub. (1) (c) but not available at the time of the custody
9order, the judge or court commissioner shall defer making the findings under par. (b)
102g. as provided in this paragraph. No later than 60 days after the date on which the
11placement is made, the judge or court commissioner shall issue an order making the
12findings under par. (b) 2g.
AB68,812 13Section 812. 48.21 (6) of the statutes is renumbered 48.21 (6) (a).
AB68,813 14Section 813. 48.21 (6) (b) of the statutes is created to read:
AB68,679,2515 48.21 (6) (b) If under par. (a) a child is transferred to a residential care center
16for children and youth, group home, or shelter care facility certified under s. 48.675,
17the qualified individual shall conduct a standardized assessment and the intake
18worker or agency primarily responsible for providing services under the custody
19order shall include it and the recommendation of the qualified individual who
20conducted the standardized assessment, including all of the information specified
21under sub. (1) (c) with the notice under par. (a) or, if not available at that time, submit
22it to the court and all persons who received the notice no later than 30 days after the
23date on which the transfer is made. No later than 60 days after the date on which
24the transfer is made the judge or court commissioner shall issue an order making the
25findings under sub. (5) (b) 2g.
AB68,814
1Section 814. 48.217 (1) (b) 2. of the statutes is amended to read:
AB68,680,62 48.217 (1) (b) 2. The notice shall contain the name and address of the new
3placement, the reasons for the change in placement, whether the new placement is
4certified under s. 48.675,
and a statement describing why the new placement is
5preferable to the present placement. The person sending the notice shall file the
6notice with the court on the same day that the notice is sent.
AB68,815 7Section 815. 48.217 (1) (b) 3. of the statutes is created to read:
AB68,680,178 48.217 (1) (b) 3. If the proposed change in placement would place the child in
9a residential care center for children and youth, group home, or shelter care facility
10certified under s. 48.675, the qualified individual shall conduct a standardized
11assessment and the intake worker or agency primarily responsible for providing
12services under a temporary physical custody order shall submit it and the
13recommendation of the qualified individual who conducted the standardized
14assessment, including all of the following, to the court and all persons who are
15required to receive the notice under subd. 1. a. no later than the filing of that notice
16or, if not available by that time, and except as provided under subd. 4., no later than
1710 days after the notice is filed:
AB68,680,1918 a. Whether the proposed placement will provide the child with the most
19effective and appropriate level of care in the least restrictive environment.
AB68,680,2120 b. How the placement is consistent with the short-term and long-term goals
21for the child, as specified in the permanency plan.
AB68,680,2422 c. The reasons why the child's needs can or cannot be met by the child's family
23or in a foster home. A shortage or lack of foster homes is not an acceptable reason
24for determining that the child's needs cannot be met in a foster home.
AB68,681,3
1d. The placement preference of the family permanency team under s. 48.38
2(3m) and, if that preference is not the placement recommended by the qualified
3individual, why that recommended placement is not preferred.
AB68,816 4Section 816. 48.217 (1) (b) 4. of the statutes is created to read:
AB68,681,95 48.217 (1) (b) 4. If, for good cause shown, the information required to be
6submitted under subd. 3. is not available by the deadline under that subdivision, the
7intake worker or agency primarily responsible for providing services under a
8temporary physical custody order shall submit it no later than 30 days after the date
9on which the placement is made.
AB68,817 10Section 817. 48.217 (2) of the statutes is renumbered 48.217 (2) (a).
AB68,818 11Section 818. 48.217 (2) (b) and (c) of the statutes are created to read:
AB68,681,2012 48.217 (2) (b) 1. If the emergency change in placement under par. (a) results
13in a child being placed in a residential care center for children and youth, group
14home, or shelter care facility certified under s. 48.675, the qualified individual shall
15conduct a standardized assessment and the intake worker or agency primarily
16responsible for providing services under a temporary physical custody order shall
17submit it and the recommendation of the qualified individual who conducted the
18standardized assessment, including the information specified under sub. (1) (b) 3.
19with the notice under par. (a) or, if not available at that time, and except as provided
20under subd. 2., no later than 10 days after the filing of that notice.
AB68,681,2521 2. If, for good cause shown, the information required to be submitted under
22subd. 1. is not available by the deadline under that subdivision, the intake worker
23or agency primarily responsible for providing services under a temporary physical
24custody order shall submit it no later than 30 days after the date on which the
25placement was made.
AB68,682,7
1(c) If the emergency change in placement under par. (a) results in a child being
2placed in a residential care center for children and youth, group home, or shelter care
3facility certified under s. 48.675, the court shall, no later than 60 days after the
4placement is made, issue an order making all of the findings required under sub. (2v)
5(d) 1., the answers to which do not affect whether the placement may be made, after
6considering the standardized assessment and the recommendation of the qualified
7individual who conducted the standardized assessment.
AB68,819 8Section 819. 48.217 (2m) (b) 3. of the statutes is created to read:
AB68,682,189 48.217 (2m) (b) 3. If the change in placement results in a child being placed in
10a residential care center for children and youth, group home, or shelter care facility
11certified under s. 48.675, the qualified individual shall conduct a standardized
12assessment and the intake worker or agency primarily responsible for providing
13services under a temporary physical custody order shall submit it and the
14recommendation of the qualified individual who conducted the standardized
15assessment, including the information under sub. (1) (b) 3., to the court and to all
16persons who are required to receive the notice under subd. 2., no later than the
17hearing or, if not available by that time, no later than 30 days after the date on which
18the placement is made.
AB68,820 19Section 820. 48.217 (2m) (c) of the statutes is renumbered 48.217 (2m) (c) 1.
AB68,821 20Section 821. 48.217 (2m) (c) 2. and 3. of the statutes are created to read:
AB68,683,221 48.217 (2m) (c) 2. Except as provided in subd. 3., if the court changes the
22placement to a residential care center for children and youth, group home, or shelter
23care facility certified under s. 48.675, the change-in-placement order shall contain
24the findings under sub. (2v) (d) 1., the answers to which do not affect whether the
25placement may be made, after considering the standardized assessment and the

1recommendation of the qualified individual who conducted the standardized
2assessment.
AB68,683,83 3. If the results of the standardized assessment and recommendation of the
4qualified individual who conducted the standardized assessment are not available
5at the time of the order, the court shall defer making the findings under sub. (2v) (d)
61. as provided in this subdivision. No later than 60 days after the date on which the
7placement was made, the court shall issue an order making the findings under sub.
8(2v) (d) 1.
AB68,822 9Section 822. 48.217 (2v) (d) 1. and 2. of the statutes are created to read:
AB68,683,1610 48.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the
11placement to a residential care center for children and youth, group home, or shelter
12care facility certified under s. 48.675, the change-in-placement order shall contain
13a finding as to each of the following, the answers to which do not affect whether the
14placement may be made, after considering the standardized assessment and the
15recommendation of the qualified individual who conducted the standardized
16assessment:
AB68,683,1817 a. Whether the needs of the child can be met through placement in a foster
18home.
AB68,683,2219 b. Whether placement of the child in a residential care center for children and
20youth, group home, or shelter care facility certified under s. 48.675 provides the most
21effective and appropriate level of care for the child in the least restrictive
22environment.
AB68,683,2423 c. Whether the placement is consistent with the short-term and long-term
24goals for the child, as specified in the permanency plan.
AB68,683,2525 d. Whether the court approves or disapproves the placement.
AB68,684,6
12. If the results of the standardized assessment and recommendation of the
2qualified individual who conducted the standardized assessment are not available
3at the time of the order, the court shall defer making the findings under subd. 1. as
4provided in this subdivision. No later than 60 days after the date on which the
5placement was made, the court shall issue an order making the findings under subd.
61.
AB68,823 7Section 823. 48.233 (2) of the statutes is amended to read:
AB68,684,98 48.233 (2) This section does not apply to a proceeding commenced under s.
948.13 after June 30, 2021 2023.
AB68,824 10Section 824. 48.233 (3) of the statutes is amended to read:
AB68,684,1911 48.233 (3) The state public defender may promulgate rules necessary to
12implement the pilot program established under sub. (1). The state public defender
13may promulgate the rules under this subsection as emergency rules under s. 227.24.
14Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required
15to provide evidence that promulgating a rule under this subsection as an emergency
16rule is necessary for the preservation of the public peace, health, safety, or welfare
17and is not required to provide a finding of emergency for a rule promulgated under
18this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
19promulgated under this subsection remain in effect until June 30, 2021 2023.
AB68,825 20Section 825. 48.233 (4) of the statutes is amended to read:
AB68,684,2521 48.233 (4) By January 1, 2021, and by January 1, 2023, the department and
22the state public defender shall each submit a report to the joint committee on finance,
23and to the chief clerk of each house of the legislature for distribution to the
24appropriate standing committees under s. 13.172 (3), regarding costs and data from
25implementing the pilot program under sub. (1).
AB68,826
1Section 826. 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB68,685,32 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental
3interest under s. 48.025.
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