AB68: Bill Text

AB68,717,5 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.

AB68,905 Section 905. 48.526 (7) (b) (intro.) of the statutes is amended to read:

AB68,717,10 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:

AB68,906 Section 906. 48.526 (7) (bm) of the statutes is amended to read:

AB68,717,17 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.

AB68,907 Section 907. 48.526 (7) (c) of the statutes is amended to read:

AB68,718,2 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.

AB68,908 Section 908 . 48.526 (7) (d) of the statutes is created to read:

AB68,718,10 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.

AB68,909 Section 909 . 48.526 (7) (d) of the statutes, as created by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,718,19 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.

AB68,910 Section 910. 48.526 (7) (e) of the statutes is repealed.

AB68,911 Section 911. 48.526 (7) (h) of the statutes is repealed.

AB68,912 Section 912. 48.526 (8) of the statutes is repealed.

AB68,913 Section 913. 48.5275 of the statutes is created to read:

AB68,719,3 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, 2022, 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.

AB68,914 Section 914. 48.528 of the statutes is repealed and recreated to read:

AB68,719,7 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:

AB68,719,12 (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.

AB68,719,14 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB68,719,15 (3) To fund activities required of the department under s. 48.526 (1).

AB68,915 Section 915. 48.53 of the statutes is created to read:

AB68,719,21 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.

AB68,916 Section 916. 48.545 of the statutes is repealed.

AB68,917 Section 917. 48.551 of the statutes is created to read:

AB68,720,3 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.

AB68,918 Section 918. 48.563 (2) of the statutes is amended to read:

AB68,720,8 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.

AB68,919 Section 919. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB68,720,17 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:

AB68,920 Section 920. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB68,721,2 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:

AB68,921 Section 921. 48.62 (4) of the statutes is amended to read:

AB68,721,21 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).

AB68,922 Section 922 . 48.63 (3) (b) 4. of the statutes is amended to read:

AB68,722,6 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.

AB68,923 Section 923 . 48.63 (3) (b) 5. of the statutes is amended to read:

AB68,722,13 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.

AB68,924 Section 924 . 48.66 (1) (b) of the statutes is amended to read:

AB68,722,21 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.

AB68,925 Section 925 . 48.66 (1) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,723,5 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.

AB68,926 Section 926 . 48.675 of the statutes is created to read:

AB68,723,14 48.675 Qualified residential treatment programs. (1) The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. A residential care center for children and youth, group home, or shelter care facility certified under this section shall comply with all other requirements applicable to the residential care center for children and youth, group home, or shelter care facility.

AB68,723,17 (2) The department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1).

AB68,927 Section 927. 48.685 (1) (bm) of the statutes is amended to read:

AB68,723,23 48.685 (1) (bm) “Nonclient resident" means a person, including a person who is under 18 years of age, but not under 10 12 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.

AB68,928 Section 928. 48.686 (1) (bm) of the statutes is amended to read:

AB68,724,3 48.686 (1) (bm) “Household member" means a person who is age 10 12 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

AB68,929 Section 929. 48.715 (8) of the statutes is created to read:

AB68,724,7 48.715 (8) The department may deny, suspend, restrict, refuse to renew, or otherwise withhold a certification under s. 48.675 based on a failure to comply with certification requirements established by administrative rule under that section.

AB68,930 Section 930. 48.73 of the statutes is amended to read:

AB68,724,17 48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for that purpose shall be given unrestricted access to the premises described in the license or certification. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program.

AB68,931 Section 931 . 48.82 (1) (a) of the statutes is amended to read:

AB68,724,20 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB68,932 Section 932 . 48.837 (1r) (d) of the statutes is amended to read:

AB68,725,5 48.837 (1r) (d) Before a child may be placed under par. (a), 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.

AB68,933 Section 933 . 48.837 (1r) (e) of the statutes is amended to read:

AB68,725,12 48.837 (1r) (e) 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.

AB68,934 Section 934 . 48.837 (6) (b) of the statutes is amended to read:

AB68,726,2 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child , or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

AB68,935 Section 935 . 48.837 (6) (br) of the statutes is amended to read:

AB68,726,7 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

AB68,936 Section 936 . 48.913 (1) (a) of the statutes is amended to read:

AB68,726,10 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB68,937 Section 937 . 48.913 (1) (b) of the statutes is amended to read:

AB68,726,13 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB68,938 Section 938 . 48.913 (1) (h) of the statutes is amended to read:

AB68,726,17 48.913 (1) (h) Legal and other services received by a birth parent of the child, an alleged or presumed father parent of the child, or the child in connection with the adoption.

AB68,939 Section 939 . 48.913 (2) (intro.) of the statutes is amended to read:

AB68,726,25 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father parent of the child if the birth parent or the alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB68,940 Section 940. 48.913 (2) (b) of the statutes is amended to read:

AB68,727,4 48.913 (2) (b) The state in which the birth parent or the alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB68,941 Section 941 . 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB68,727,13 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

AB68,942 Section 942 . 48.913 (3) of the statutes is amended to read:

AB68,727,21 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father parent if documentation is provided showing that the birth parent or alleged or presumed father parent has made the previous payment.

AB68,943 Section 943 . 48.913 (4) of the statutes is amended to read:

AB68,728,2 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child except as provided in subs. (1) and (2).

AB68,944 Section 944 . 48.913 (7) of the statutes is amended to read:

AB68,728,18 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father parent of the child, or the child, on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

AB68,945 Section 945 . 48.9795 (1) (a) 1. c. of the statutes is amended to read:

AB68,728,23 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental interest under s. 48.025, who is 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 parent of the child.

AB68,946 Section 946 . 48.9795 (1) (b) of the statutes is amended to read:

AB68,729,5 48.9795 (1) (b) “Party" means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is 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 parent of the child.

AB68,947 Section 947. 48.981 (1) (b) of the statutes is amended to read: