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1a. Whether the needs of the child can be met through placement in a foster
2home.
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b. Whether placement of the child in a residential care center for children and
4youth, group home, or shelter care facility certified under s. 48.675 provides the most
5effective and appropriate level of care for the child in the least restrictive
6environment.
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c. Whether the placement is consistent with the short-term and long-term
8goals for the child, as specified in the permanency plan.
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d. Whether the court approves or disapproves the placement.
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2. If the results of the standardized assessment and recommendation of the
11qualified individual who conducted the standardized assessment are not available
12at the time of the order, the court shall defer making the findings under that subd.
131. as provided in this paragraph. No later than 60 days after the date on which the
14placement was made, the court shall issue an order making the findings under subd.
151.
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16Section
50. 48.48 (20) of the statutes is created to read:
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48.48
(20) To certify a residential care center for children and youth, group
18home, or shelter care facility to operate a qualified residential treatment program as
19provided under s. 48.675 and monitor compliance with certification requirements.
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20Section 51
. 48.675 of the statutes is created to read:
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2148.675 Qualified residential treatment programs. (1) The department
22may certify a residential care center for children and youth, group home, or shelter
23care facility to operate a qualified residential treatment program if it determines
24that the program meets the requirements of
42 USC 672 (k) (4) and any other
25requirements established by the department under this section. A residential care
1center for children and youth, group home, or shelter care facility certified under this
2section shall comply with all other requirements applicable to the residential care
3center for children and youth, group home, or shelter care facility.
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4(2) The department may promulgate rules for the establishment, certification,
5operation, and monitoring of, and the placement of a child in, a qualified residential
6treatment program under sub. (1).
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7Section
52. 48.715 (8) of the statutes is created to read:
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48.715
(8) The department may deny, suspend, restrict, refuse to renew, or
9otherwise withhold a certification under s. 48.675 based on a failure to comply with
10certification requirements established by administrative rule under that section.
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11Section
53. 48.73 of the statutes is amended to read:
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1248.73 Inspection of licensees and school district child care programs. 13The department may visit and inspect each child welfare agency, foster home, group
14home, and child care center licensed by the department
and each entity certified by
15the department under s. 48.675, and for that purpose shall be given unrestricted
16access to the premises described in the license
or certification. The department may
17visit and inspect each child care program established or contracted for under s.
18120.13 (14) that receives payment under s. 49.155 for the child care provided, and for
19that purpose shall be given unrestricted access to the premises used for the child care
20program.
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21Section
54. 938.02 (14m) of the statutes is created to read:
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938.02
(14m) “Qualified individual” has the meaning given under
42 USC 675a 23(c) (1) (D).
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24Section
55. 938.02 (17t) of the statutes is created to read:
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1938.02
(17t) “Standardized assessment” means an assessment, using a tool
2determined by the department, of the strengths and needs of a juvenile to determine
3appropriateness of a placement in a residential care center for children and youth,
4group home, or shelter care facility certified under s. 48.675.
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5Section
56. 938.21 (1) (c) of the statutes is created to read:
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938.21
(1) (c) If the juvenile is held in custody in a residential care center for
7children and youth, group home, or shelter care facility certified under s. 48.675, the
8qualified individual shall conduct a standardized assessment and the agency
9primarily responsible for providing services under the custody order shall submit it
10and the recommendation of the qualified individual who conducted the standardized
11assessment, including all of the following, to the court and all persons who are
12required to receive a copy of the petition or request under par. (b) no later than the
13hearing or, if not available by that time, no later than 30 days after the date on which
14the placement is made:
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1. Whether the proposed placement will provide the juvenile with the most
16effective and appropriate level of care in the least restrictive environment.
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2. How the placement is consistent with the short-term and long-term goals
18for the juvenile, as specified in the permanency plan.
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3. The reasons why the juvenile's needs can or cannot be met by the juvenile's
20family or in a foster home. A shortage or lack of foster homes is not an acceptable
21reason for determining that the juvenile's needs cannot be met in a foster home.
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4. The placement preference of the family permanency team under s. 938.38
23(3m) and, if that preference is not the placement recommended by the qualified
24individual, why that recommended placement is not preferred.
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25Section
57. 938.21 (5) (b) 2g. of the statutes is created to read:
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1938.21
(5) (b) 2g. Except as provided in par. (cm), if the juvenile is held in
2custody in a residential care center for children and youth, group home, or shelter
3care facility certified under s. 48.675, a finding as to each of the following, the
4answers to which do not affect whether the placement may be made, after
5considering the standardized assessment and the recommendation submitted by the
6qualified individual who conducted the standardized assessment under sub. (1) (c):
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a. Whether the needs of the juvenile can be met through placement in a foster
8home.
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b. Whether placement of the juvenile in a residential care center for children
10and youth, group home, or shelter care facility certified under s. 48.675 provides the
11most effective and appropriate level of care for the juvenile in the least restrictive
12environment.
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c. Whether the placement is consistent with the short-term and long-term
14goals for the juvenile, as identified in the permanency planning.