Chapter 48

48.545(2)(a)3. 3. Prevent and reduce the incidence of child abuse and neglect.

48.545(2)(a)4. 4. Prevent and reduce the incidence of nonmarital pregnancy and increase the use of abstinence as a method of preventing nonmarital pregnancy.

48.545(2)(a)5. 5. Increase adolescent self-sufficiency by encouraging high school graduation, vocational preparedness, improved social and other interpersonal skills and responsible decision making.

48.545(2)(am) (am) From the amounts allocated under par. (a), the department may distribute an amount determined by the department to a nonprofit corporation or public agency to provide a program that accomplishes all of the following:

48.545(2)(am)1. 1. Prevents and reduces the incidence of adverse early childhood experiences in children 8 years of age and under and reduces the effects of those experiences through behavioral health and other services.

48.545(2)(am)2. 2. Provides professional development, training, and research in serving children 8 years of age and under for practitioners serving those children.

48.545(2)(am)3. 3. Provides direct services for children 8 years of age and under.

48.545(2)(am)4. 4. Provides child care, including a special care nursery, for children 8 years of age and under that has achieved the top rating provided under the child care quality rating system under s. 48.659.

48.545(2)(am)5. 5. Provides early intervention services under s. 51.44, early childhood education services, in-home treatment services, family services, and outpatient occupational therapy, physical therapy, and speech therapy services for children 8 years of age and under.

48.545(2)(b) (b) A nonprofit corporation or public agency that is applying for a grant under par. (a) or (am) shall provide to the department a proposed service plan for the use of the grant moneys. If the department approves the service plan, the department may award the grant. The department shall award the grants on a competitive basis and for a 3-year period.

48.545(2)(c) (c)

48.545(2)(c)1. 1. Beginning in fiscal year 2018-19, the department shall distribute $500,000 in grants in each fiscal year for programs to provide evidence-based programs and practices for substance abuse prevention to at-risk youth and their families.

48.545(2)(c)2. 2. Grants under this paragraph may be made to applying nonprofit corporations or public agencies in a county with a population of 750,000 or more, county departments under s. 46.22, 46.23, 51.42, or 51.437 in counties other than a county having a population of 750,000 or more, or a federally recognized American Indian tribe or band.

48.545(2)(c)3. 3. The department may not award a grant under this paragraph to a county or a tribe that offered the services described under subd. 1. in the preceding fiscal year unless those services were previously funded by a grant under this paragraph.

48.545(3) (3) Outcomes expected.

48.545(3)(a) (a) The department shall provide a set of benchmark indicators to measure the outcomes that are expected of a program funded under sub. (2) (a). Those benchmark indicators shall measure all of the following among youth who have participated in a program funded under sub. (2) (a):

48.545(3)(a)1. 1. The rate of participation in violent or other delinquent behavior.

48.545(3)(a)2. 2. The rate of alcohol and other drug use and abuse.

48.545(3)(a)3. 3. The rate of nonmarital pregnancy and the rate at which abstinence is used to prevent nonmarital pregnancy.

48.545(3)(a)4. 4. The rate of substantiated cases of child abuse and neglect.

48.545(3)(a)5. 5. The development of self-sufficiency, as indicated by the rate of high school graduation, the degree of vocational preparedness, any improvements in social and other interpersonal skills and in responsible decision making and any other indicators that the department considers important in indicating the development of adolescent self-sufficiency.

48.545(3)(a)6. 6. Any other indicators that the department considers important in indicating the development of positive behaviors among adolescents.

48.545(3)(b) (b) The department shall require a grant recipient under sub. (2) (a) to provide an annual report showing the status of its program participants in terms of the benchmark indicators provided under par. (a) and may renew a grant only if the recipient shows improvement on those indicators.

48.545 History History: 1999 a. 9; 2001 a. 16; 2005 a. 25; 2007 a. 20 ss. 1204 to 1214; Stats. 2007 s. 48.545; 2009 a. 28; 2011 a. 32; 2015 a. 55, 172; 2017 a. 261, 365.

48.546 48.546 Family treatment court grant program.

48.546(1) (1) The department may make grants available to counties and Indian tribes to enable them to establish and operate evidence-based programs to develop intake and court procedures that screen, assess, and provide dispositional alternatives for parents whose children have come under the jurisdiction of the court. The programs shall have, as a goal, improving child well-being and the welfare of participants’ families by meeting the comprehensive needs of participants and promoting family reunification wherever possible.

48.546(2) (2) The department may make the grants for the programs specified in sub. (1) within the availability of funding under s. 20.437 (1) (bf). The department shall collaborate with the department of health services and the director of state courts in establishing the grant program under this section.

48.546(3) (3) A county or Indian tribe that operates a program funded under this section shall do all of the following:

48.546(3)(a) (a) Establish eligibility criteria for a person’s participation in the program.

48.546(3)(b) (b) Provide services to program participants that are consistent with evidence-based practices in treatment services needed by those participants, including substance abuse treatment services, mental health treatment services, and intensive case management services.

48.546(3)(c) (c) Provide a multidisciplinary screen as described in s. 48.547 (3) for program participants.

48.546(3)(d) (d) Provide a holistic and trauma-informed approach to the treatment of program participants and provide those participants with services that may be needed, as determined by the county or Indian tribe under the program.

48.546(3)(e) (e) Integrate all services provided to program participants by state and local government agencies and other organizations. The county or Indian tribe shall require regular communication among a participant’s treatment providers, other service providers, the court and court personnel, and any person designated under the program to monitor the participant’s compliance with his or her obligations under the program and under the court’s order.

48.546(4) (4) A county or Indian tribe that receives a grant under this section shall create an oversight committee to advise the county or Indian tribe in developing, implementing, administering, and evaluating its program.

48.546(5) (5) A county or Indian tribe that receives a grant under this section shall submit data requested by the department to the department each quarter. The department may request any data regarding a program funded under this section that is necessary to evaluate the program and prepare the reports under subs. (6) and (7).

48.546(6) (6) The department shall, annually, analyze the data submitted under sub. (5) for the previous year and prepare a progress report that evaluates the effectiveness of the program. The department shall make the report available to the public.

48.546(7) (7) The department shall, every 5 years, prepare a comprehensive report that analyzes the data submitted under sub. (5) for the previous 5 years, and shall submit the report to the legislature under s. 13.172 (2).

48.546(8) (8) A county or Indian tribe may, together with one or more counties or Indian tribes, jointly apply for and receive a grant under this section. A joint application shall include a written agreement specifying the role of each county or Indian tribe in developing, administering, and evaluating the program. The oversight committee established under sub. (4) shall include a representative from each county and Indian tribe operating a joint program.

48.546(9) (9) The department shall assist a county or Indian tribe receiving a grant under this section in obtaining funding from other sources for its program.

48.546 History History: 2017 a. 202, 261.

48.547 48.547 Alcohol and other drug abuse program.

48.547(1) (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children and the expectant mothers of unborn children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children and the expectant mothers of unborn children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children and the expectant mothers of unborn children by establishing a juvenile and expectant mother alcohol and other drug abuse program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children and expectant mothers with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the counties selected by the department.

48.547(2) (2) Department responsibilities. Within the availability of funding under s. 20.437 (1) (mb) that is available for the program, the department shall select counties to participate in the program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department shall select counties in accordance with the request for proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.

48.547(3) (3) Multidisciplinary screen. The department shall provide a multidisciplinary screen for the program. The screen shall be used by an intake worker to determine whether or not a child or an expectant mother of an unborn child is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen children and expectant mothers for:

48.547(3)(a) (a) Family dysfunction.

48.547(3)(b) (b) School, truancy or work problems.

48.547(3)(c) (c) Mental health problems.

48.547(3)(d) (d) Delinquent or criminal behavior patterns.

48.547(4) (4) Assessment criteria. The department shall provide uniform alcohol and other drug abuse assessment criteria to be used in the pilot program under ss. 48.245 (2) (a) 3. and 48.295 (1). An approved treatment facility that assesses a person under s. 48.245 (2) (a) 3. or 48.295 (1) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

48.547 History History: 1987 a. 339; 1989 a. 31; 1993 a. 213; 1995 a. 77, 448; 1997 a. 292; 2007 a. 20.

48.548 48.548 Multidisciplinary screen and assessment criteria. The department shall make the multidisciplinary screen developed under s. 48.547 (3) and the assessment criteria developed under s. 48.547 (4) available to all counties.

48.548 History History: 1987 a. 339.

48.55 48.55 State adoption information exchange and state adoption center.

48.55(1) (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.437 (1) (dg), the department may provide not more than $171,300 in each fiscal year as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.

48.55(2) (2) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center. The rules specifying the functions of the state adoption center shall include all of the following:

48.55(2)(a) (a) Training persons who provide counseling to adolescents including school counselors, county or department employees providing child welfare services under s. 48.56 or 48.561 and employees of a clinic providing family planning services, as defined in s. 253.07 (1) (b).

48.55(2)(b) (b) Seeking persons to undergo training.

48.55(2)(c) (c) Operating a toll-free telephone number to provide information and referral services.

48.55(2)(d) (d) Distributing pamphlets which provide information on the availability of adoption services.

48.55(2)(e) (e) Promoting adoption through the communications media.

48.55 History History: 1983 a. 27; 1995 a. 266; 1997 a. 35; 1999 a. 9 ss. 1135 to 1139; 2001 a. 16; 2007 a. 20.

48.55 Cross-reference Cross-reference: See also chs. DCF 49, 50, and 51, Wis. adm. code.

subch. XII of ch. 48 SUBCHAPTER XII

CHILD WELFARE SERVICES

48.56 48.56 Child welfare services in counties having populations of less than 750,000.

48.56(1) (1) Each county having a population of less than 750,000 shall provide child welfare services through its county department.

48.56(2) (2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457.

48.56(3) (3) This section shall not apply to those counties which had child welfare services administered by the staff of the juvenile court prior to January 1, 1955.

48.56 History History: 1975 c. 307; 1977 c. 271; 1985 a. 176; 1991 a. 160; 1997 a. 27; 2013 a. 20; 2023 a. 55.

48.561 48.561 Child welfare services in a county having a population of 750,000 or more.

48.561(1) (1) The department shall provide child welfare services in a county having a population of 750,000 or more.

48.561(2) (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457.

48.561(3) (3) 

48.561(3)(a) (a) A county having a population of 750,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

48.561(3)(a)1. 1. Through a reduction of $37,209,200 from the amounts distributed to that county under ss. 46.40 (2) and 48.563 (2) in each state fiscal year.

48.561(3)(a)2. 2. Through a reduction of $1,583,000 from the amount distributed to that county under s. 46.40 (2m) (a) in each state fiscal year.

48.561(3)(a)3. 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.02 (1), as provided in par. (b).

48.561(3)(b) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 750,000 or more by deducting all or part of that amount from any state payment due that county under s. 79.02 (1). The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.02 (1). The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.437 (1) (kw) are exhausted.

48.561 History History: 1997 a. 27, 237; 1999 a. 9; 2001 a. 16; 2007 a. 20; 2011 a. 32; 2013 a. 20; 2021 a. 1; 2023 a. 55.

48.562 48.562 Milwaukee child welfare partnership council.

48.562(1) (1) The Milwaukee child welfare partnership council shall do all of the following:

48.562(1)(ag) (ag) Hold at least one public hearing each year at which the council shall encourage public participation and solicit public input regarding the child welfare system in Milwaukee County.

48.562(1)(am) (am) Recommend policies and plans for the improvement of the child welfare system in Milwaukee County and submit its recommendations with respect to those policies and plans to the department under par. (dm).

48.562(1)(b) (b) Recommend measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and submit its recommendations with respect to those measures to the department under par. (dm).

48.562(1)(c) (c) Recommend funding priorities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding priorities to the department under par. (dm).

48.562(1)(d) (d) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and submit its recommendations with respect to those funding opportunities to the department under par. (dm).

48.562(1)(dm) (dm) Annually, submit a report of its recommendations under pars. (am) to (d) to the department, which within 60 days after receiving the report shall prepare a response to those recommendations and transmit the report, together with its response, to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3).

48.562(1)(e) (e) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of child welfare services in Milwaukee County.

48.562(2m) (2m) Any restructuring of the subunit of the department responsible for administering child welfare services in a county having a population of 750,000 or more shall not affect the duties and responsibilities of the Milwaukee child welfare partnership council specified in sub. (1).