48.576(2)(2)Inspections. The department shall inquire into the methods of treatment, instruction, government, and management of children placed in shelter care facilities; the conduct of the trustees, managers, directors, superintendents, and other officers and employees of those facilities; the condition of the buildings, grounds, and all other property pertaining to those facilities; and all other matters pertaining to the usefulness and management of those facilities; and recommend to the officers in charge such changes and additional provisions as the department considers proper.
48.576(3)(3)Frequency of inspections. The department shall inspect and investigate each shelter care facility at least annually and, when directed by the governor, the department shall conduct a special investigation into a shelter care facility’s management, or anything connected with its management, and report to the governor the testimony taken, the facts found, and conclusions drawn.
48.576(4)(4)Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial had under the provisions of this chapter relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of the request.
48.576(5)(5)Opportunity to inspect. All trustees, managers, directors, superintendents, and other officers or employees of a shelter care facility shall at all times afford to every member of the department and its agents unrestrained facility for inspection of and free access to all parts of the buildings and grounds and to all books and papers of the shelter care facility, and shall give, either verbally or in writing, such information as the department requires. Any person who violates this subsection shall forfeit not less than $10 nor more than $100.
48.576(6)(6)Testimonial power; expenses. The department or any person delegated by the department may administer oaths, take testimony, and cause depositions to be taken. All expenses of the investigations, including fees of officers and witnesses, shall be charged to the appropriation for the department.
48.576(7)(7)Statistics to be furnished. Whenever the department is required to collect statistics, the person or agency shall furnish the required statistics on request.
48.576 HistoryHistory: 2007 a. 20.
48.57848.578Shelter care facilities; establishment, approval, inspection.
48.578(1)(1)The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of shelter care facilities, with respect to their adequacy and fitness for the needs that they are to serve.
48.578(2)(2)The selection and purchase of the site, and the plans, specifications, and erection of buildings for shelter care facilities shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the shelter care facility.
48.578(3)(3)Before any shelter care facility is occupied, and at least annually thereafter, the department shall inspect the shelter care facility, with respect to safety, sanitation, adequacy, and fitness, and report to the authorities managing the shelter care facility any deficiency found, and order the necessary work to correct that deficiency. If within 6 months after the inspection the work is not commenced, or not completed within a reasonable period after commencement of the work, to the satisfaction of the department, the department shall suspend the allowance of state aid for, and prohibit the use of the shelter care facility, until the order is complied with.
48.578 HistoryHistory: 2007 a. 20.
48.5848.58County children’s home in populous counties. Any existing county children’s home in counties with a population of 750,000 or more may do any of the following:
48.58(2)(2)Provide care for children in need of protection or services, and delinquent juveniles referred by the county department under s. 46.215, if the delinquent juveniles are placed in separate facilities;
48.58(3)(3)Provide temporary shelter care for children in need of protection or services and delinquent juveniles; provided that the delinquent juveniles are placed in separate facilities.
48.58(4)(4)Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.
48.58(5)(5)Provide temporary shelter care for children placed in the county children’s home under a voluntary agreement under s. 48.63 (1) (b).
48.58 HistoryHistory: 1973 c. 90; 1975 c. 39, 189, 224; 1977 c. 29, 194, 271, 354, 418, 447, 449; 1979 c. 34 s. 2102 (20) (a); 1979 c. 300; 1981 c. 20; 1985 a. 176; 1995 a. 77; 1997 a. 27; 2013 a. 335; 2015 a. 172.
48.5948.59Examination and records.
48.59(1)(1)The county department or, in a county having a population of 750,000 or more, the department or an agency under contract with the department shall investigate the personal and family history and environment of any child transferred to its legal custody or placed under its supervision under s. 48.345 and of every expectant mother of an unborn child placed under its supervision under s. 48.347 and make any physical or mental examinations of the child or expectant mother considered necessary to determine the type of care necessary for the child or expectant mother. The county department, department or agency shall screen a child or expectant mother who is examined under this subsection to determine whether the child or expectant mother is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance. The county department, department or agency shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the child or expectant mother, the results of all tests and examinations given the child or expectant mother and a complete history of all placements of the child while in the legal custody or under the supervision of the county department, department or agency or of the expectant mother while under the supervision of the county department, department or agency.
48.59(2)(2)At the department’s request, the county department shall report to the department regarding children who are in the legal custody or under the supervision of the county department and expectant mothers of unborn children who are under the supervision of the county department.
48.59 HistoryHistory: 1977 c. 449; 1985 a. 176; 1993 a. 385, 446, 491; 1995 a. 77; 1997 a. 27, 292; 2015 a. 172.
48.59 AnnotationA county with a population under 500,000 [now 750,000] may, by ordinance under s. 19.21 (6) [now s. 19.21 (5)], provide for the destruction of obsolete case records maintained by county social services agencies. 70 Atty. Gen. 196.
subch. XIII of ch. 48SUBCHAPTER XIII
CHILD WELFARE AGENCIES
48.59948.599Definitions. In this subchapter:
48.599(1g)(1g)“Child” means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child placed in a residential care center for children and youth operated by a child welfare agency and of counting the number of children for whom a child welfare agency may provide such care and maintenance, “child” also includes a person 18 years of age or over, but under 21 years of age, who is placed in a residential care center for children and youth operated by a child welfare agency under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates after the person attains 18 years of age, under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3), or under the placement and care responsibility of another state under 42 USC 675 (8) (B) (iv).
48.599(1r)(1r)“Physical restraint” includes all of the following:
48.599(1r)(a)(a) A locked room.