AB68: Bill Text

AB68,878 Section 878. 48.437 (1) (a) 3. and 4. of the statutes are created to read:

AB68,709,2 48.437 (1) (a) 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 agency appointed as the guardian of the child 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. no later than time of 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:

AB68,709,4 a. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,709,6 b. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,709,9 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.

AB68,709,12 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.

AB68,709,16 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 agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement is made.

AB68,879 Section 879. 48.437 (1) (c) of the statutes is amended to read:

AB68,709,25 48.437 (1) (c) Contents of order. The change-in-placement order shall contain the applicable order under sub. (2v) (a), the applicable statement under sub. (2v) (b), and the finding applicable findings under sub. (2v) (c) and (d). If the court changes the placement of an Indian child who has been removed from the home of his or her parent or Indian custodian, the change-in-placement order shall, in addition, comply with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

AB68,880 Section 880. 48.437 (2) of the statutes is renumbered 48.437 (2) (a).

AB68,881 Section 881. 48.437 (2) (b) and (c) of the statutes are created to read:

AB68,710,10 48.437 (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 agency appointed as the guardian of the child shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (a) 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.

AB68,710,14 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 agency appointed as the guardian of the child shall submit it no later than 30 days after the date on which the placement was made.

AB68,710,21 (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 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.

AB68,882 Section 882. 48.437 (2v) (d) of the statutes is created to read:

AB68,711,4 48.437 (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:

AB68,711,6 a. Whether the needs of the child can be met through placement in a foster home.

AB68,711,10 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.

AB68,711,12 c. Whether the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,711,13 d. Whether the court approves or disapproves the placement.

AB68,711,19 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 that subd. 1. as provided in this paragraph. 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.

AB68,883 Section 883 . Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB68,711,22 CHAPTER 48

AB68,711,25 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER adults

AB68,884 Section 884. 48.44 of the statutes is amended to read:

AB68,712,5 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.

AB68,885 Section 885 . 48.45 (1) (a) of the statutes is amended to read:

AB68,712,14 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.

AB68,886 Section 886 . 48.45 (1) (am) of the statutes is amended to read:

AB68,712,22 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.

AB68,887 Section 887 . 48.45 (3) of the statutes is amended to read:

AB68,713,3 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.

AB68,888 Section 888. 48.47 (20) of the statutes is created to read:

AB68,713,7 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.

AB68,889 Section 889. 48.47 (30) of the statutes is created to read:

AB68,713,11 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.

AB68,890 Section 890. 48.48 (17m) of the statutes is created to read:

AB68,713,17 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.

AB68,713,22 (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:

AB68,713,24 1. Training, coaching, quality assurance, and funding for certification or licensing for implementation of the evidence-based services.

AB68,713,25 2. Purchasing or subsidizing the purchase of the evidence-based services.

AB68,714,3 (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.

AB68,891 Section 891. 48.48 (19) of the statutes is repealed.

AB68,892 Section 892. 48.48 (20) of the statutes is created to read:

AB68,714,8 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.

AB68,893 Section 893. 48.48 (21) of the statutes is created to read:

AB68,714,11 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).

AB68,894 Section 894. 48.481 (title) of the statutes is amended to read:

AB68,714,14 48.481 (title) Grants for children's community programs youth services.

AB68,895 Section 895. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

AB68,714,20 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:

AB68,896 Section 896. 48.481 (1) of the statutes is repealed.

AB68,897 Section 897. 48.481 (1m) of the statutes is created to read:

AB68,714,23 48.481 (1m) In this section:

AB68,714,25 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

AB68,715,2 (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.

AB68,898 Section 898. 48.481 (2) of the statutes is repealed.

AB68,899 Section 899. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

AB68,715,6 48.481 (2m) (a) Increasing youth access to housing.

AB68,715,8 (b) Increasing youth self-sufficiency through employment, education, and training.

AB68,715,11 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

AB68,715,12 (d) Preventing sex trafficking of children and youth.

AB68,715,14 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.

AB68,715,16 (f) Preventing and reducing the incidence of youth violence and other delinquent behavior.

AB68,715,18 (g) Preventing and reducing the incidence of youth alcohol and other drug use and abuse.

AB68,715,19 (h) Preventing and reducing the incidence of child abuse and neglect.

AB68,715,20 (i) Preventing and reducing the incidence of teen pregnancy.

AB68,715,23 (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).

AB68,900 Section 900. 48.481 (4) of the statutes is created to read:

AB68,716,6 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:

AB68,716,7 (a) Fees required to enroll in a driver education course.

AB68,716,8 (b) Fees required to obtain an operator's license under ch. 343.

AB68,901 Section 901. 48.526 (3) (e) of the statutes is amended to read:

AB68,716,18 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.

AB68,902 Section 902. 48.526 (3) (em) of the statutes is repealed.

AB68,903 Section 903. 48.526 (7) (intro.) of the statutes is amended to read:

AB68,716,25 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:

AB68,904 Section 904. 48.526 (7) (a) of the statutes is amended to read:

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.