AB68: Bill Text

AB68,673,3 46.977 (3) Grant for initial training. (a) The department shall award a grant to develop, administer, and conduct the guardian training required under s. 54.26.

AB68,673,7 (b) The department shall require the grantee to have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.

AB68,673,12 (c) The grantee selected to develop training that meets the requirements under s. 54.26 (1) shall develop plain-language, web-based training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.

AB68,795 Section 795. 46.995 (4) of the statutes is created to read:

AB68,673,17 46.995 (4) The department shall ensure that any child who is eligible and who applies for the disabled children's long-term support program that is operating under a waiver of federal law receives services under the disabled children's long-term support program that is operating under a waiver of federal law.

AB68,796 Section 796. 47.02 (3m) (f) of the statutes is amended to read:

AB68,674,2 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k) of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

AB68,797 Section 797. 47.07 (1) of the statutes is amended to read:

AB68,674,6 47.07 (1) The department shall allocate for each fiscal year at least $250,000 from the appropriation under s. 20.445 (1) (b) (5) (b) for contracts and activities entered into under this section.

AB68,798 Section 798. 47.07 (3) of the statutes is created to read:

AB68,674,12 47.07 (3) The department may facilitate Project SEARCH opportunities for young adults with disabilities, administer operations, contracts, and services related to the Project SEARCH program, provide training related to the Project SEARCH program, maintain existing Project SEARCH program sites, and manage the timing for expanding the number of available Project SEARCH program sites.

AB68,799 Section 799 . 48.02 (1d) of the statutes is amended to read:

AB68,674,17 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB68,800 Section 800 . 48.02 (2) of the statutes is amended to read:

AB68,674,23 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.

AB68,801 Section 801 . 48.02 (13) of the statutes is amended to read:

AB68,675,20 48.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB68,802 Section 802. 48.02 (14k) of the statutes is created to read:

AB68,675,23 48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).

AB68,803 Section 803. 48.02 (17t) of the statutes is created to read:

AB68,676,5 48.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a child to determine appropriateness of a placement in a residential care center, group home, or shelter care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8) (b).

AB68,804 Section 804 . 48.023 (4) of the statutes is amended to read:

AB68,676,11 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).

AB68,805 Section 805 . 48.023 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,676,17 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4m), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4m) or (4n).

AB68,806 Section 806 . 48.025 (title) of the statutes is amended to read:

AB68,676,20 48.025 (title) Declaration of paternal parental interest in matters affecting children.

AB68,807 Section 807 . 48.025 (2) (b) of the statutes is amended to read:

AB68,677,2 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

AB68,808 Section 808 . 48.025 (3) (c) of the statutes is amended to read:

AB68,677,17 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

AB68,809 Section 809. 48.21 (1) (c) of the statutes is created to read:

AB68,678,2 48.21 (1) (c) If the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68,678,4 1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,678,6 2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,678,9 3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,678,12 4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,810 Section 810. 48.21 (5) (b) 2g. of the statutes is created to read:

AB68,678,19 48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual under sub. (1) (c):

AB68,678,21 a. Whether the needs of the child can be met through placement in a foster home.

AB68,678,25 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

AB68,679,2 c. Whether the placement is consistent with the short-term and long-term goals for the child, as identified in the permanency planning.

AB68,679,4 d. Whether the judge or court commissioner approves or disapproves the placement.

AB68,811 Section 811. 48.21 (5) (cm) of the statutes is created to read:

AB68,679,12 48.21 (5) (cm) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required under sub. (1) (c) but not available at the time of the custody order, the judge or court commissioner shall defer making the findings under par. (b) 2g. as provided in this paragraph. No later than 60 days after the date on which the placement is made, the judge or court commissioner shall issue an order making the findings under par. (b) 2g.

AB68,812 Section 812. 48.21 (6) of the statutes is renumbered 48.21 (6) (a).

AB68,813 Section 813. 48.21 (6) (b) of the statutes is created to read:

AB68,679,25 48.21 (6) (b) If under par. (a) a child is transferred to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall include it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the information specified under sub. (1) (c) with the notice under par. (a) or, if not available at that time, submit it to the court and all persons who received the notice no later than 30 days after the date on which the transfer is made. No later than 60 days after the date on which the transfer is made the judge or court commissioner shall issue an order making the findings under sub. (5) (b) 2g.

AB68,814 Section 814. 48.217 (1) (b) 2. of the statutes is amended to read:

AB68,680,6 48.217 (1) (b) 2. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, and a statement describing why the new placement is preferable to the present placement. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68,815 Section 815. 48.217 (1) (b) 3. of the statutes is created to read:

AB68,680,17 48.217 (1) (b) 3. If the proposed change in placement would place the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. a. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed:

AB68,680,19 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,680,21 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,680,24 c. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,681,3 d. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,816 Section 816. 48.217 (1) (b) 4. of the statutes is created to read:

AB68,681,9 48.217 (1) (b) 4. If, for good cause shown, the information required to be submitted under subd. 3. is not available by the deadline under that subdivision, the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement is made.

AB68,817 Section 817. 48.217 (2) of the statutes is renumbered 48.217 (2) (a).

AB68,818 Section 818. 48.217 (2) (b) and (c) of the statutes are created to read:

AB68,681,20 48.217 (2) (b) 1. If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (b) 3. with the notice under par. (a) or, if not available at that time, and except as provided under subd. 2., no later than 10 days after the filing of that notice.

AB68,681,25 2. If, for good cause shown, the information required to be submitted under subd. 1. is not available by the deadline under that subdivision, the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement was made.

AB68,682,7 (c) If the emergency change in placement under par. (a) results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making all of the findings required under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

AB68,819 Section 819. 48.217 (2m) (b) 3. of the statutes is created to read:

AB68,682,18 48.217 (2m) (b) 3. If the change in placement results in a child being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under sub. (1) (b) 3., to the court and to all persons who are required to receive the notice under subd. 2., no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made.

AB68,820 Section 820. 48.217 (2m) (c) of the statutes is renumbered 48.217 (2m) (c) 1.

AB68,821 Section 821. 48.217 (2m) (c) 2. and 3. of the statutes are created to read:

AB68,683,2 48.217 (2m) (c) 2. Except as provided in subd. 3., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain the findings under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

AB68,683,8 3. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under sub. (2v) (d) 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under sub. (2v) (d) 1.

AB68,822 Section 822. 48.217 (2v) (d) 1. and 2. of the statutes are created to read:

AB68,683,16 48.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68,683,18 a. Whether the needs of the child can be met through placement in a foster home.

AB68,683,22 b. Whether placement of the child in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the child in the least restrictive environment.

AB68,683,24 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,683,25 d. Whether the court approves or disapproves the placement.

AB68,684,6 2. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 1.

AB68,823 Section 823. 48.233 (2) of the statutes is amended to read:

AB68,684,9 48.233 (2) This section does not apply to a proceeding commenced under s. 48.13 after June 30, 2021 2023.

AB68,824 Section 824. 48.233 (3) of the statutes is amended to read:

AB68,684,19 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2021 2023.

AB68,825 Section 825. 48.233 (4) of the statutes is amended to read:

AB68,684,25 48.233 (4) By January 1, 2021, and by January 1, 2023, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

AB68,826 Section 826. 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB68,685,3 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB68,827 Section 827 . 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB68,685,8 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father a parent of the child.

AB68,828 Section 828 . 48.27 (5) of the statutes is amended to read:

AB68,685,16 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person's parental rights have been terminated.