Under current law, when the juvenile court orders a child to be placed outside
the home because the child has been adjudged to be in need of protection or services
under a dispositional order, a change-in-placement order, a revision of a
dispositional order, or an extension of a dispositional order, the juvenile court is
required to inform orally the parent or parents who appear in juvenile court of any
grounds for TPR that may be applicable and of the conditions necessary for the child
to be returned to the home. This bill requires a TPR warning to be given also when
the juvenile court orders a child to be placed outside the home because the child has
been adjudged delinquent and when the juvenile court holds a hearing to review a
child's permanency plan.
Mandatory child abuse or neglect reporters
Current law requires certain persons who have reasonable cause to suspect
that a child seen in the course of professional duties has been abused or neglected
to report that suspected abuse or neglect to the sheriff or police department or to the
county department or, in Milwaukee County, the Department of Health and Family
Services (DHFS) or a child welfare agency under contract with DHFS (mandatory
reporter). Currently, a child care worker in a group home that is authorized solely
to provide a safe and structured living arrangement for children 12 years of age or
over who are custodial parents or expectant mothers is a mandatory reporter. This
bill makes a child care worker in any group home a mandatory reporter.
Confidentiality of social services records
Under the current Juvenile Justice Code, the Department of Corrections
(DOC), a county department, or a child welfare agency, subject to certain exceptions,
is required to maintain the confidentiality of records kept or information received
about an individual who is or was in its care or legal custody. Under the current
Children's Code, DHFS, a county department, a child welfare agency, or a day care
center (collectively "agency"), subject to certain exceptions, is required to maintain
the confidentiality of records kept or information received about an individual who
is currently in its care or legal custody. This bill conforms the Children's Code to the
Juvenile Justice Code by requiring an agency to maintain the confidentiality of
records kept or information received about an individual who is or was in its care or
legal custody.
Residential care centers for children and youth
Under current law, a "residential care center for children and youth" is defined
as a facility operated by a licensed child welfare agency for the care and maintenance
of children residing in that facility. Under prior law, what is currently called a
"residential care center for children and youth" was called a "child caring
institution." Certain references to "child caring institution," however, remain in the
statutes. This bill changes those references to "residential care center for children
and youth."
Child care
Current law requires a person who for compensation provides care and
supervision for four or more children under the age of seven for less than 24 hours
a day to obtain a license from DHFS to operate a day care center. Current law also
permits a school board to provide or contract for the provision of day care programs
for children. In addition, current law requires a person who is not licensed to operate
a day care center or who is not under contract with a school board to provide a day
care program to be certified as a day care provider by a county department of human
services or social services to receive reimbursement under the Wisconsin Works
program for child care services provided by the person. Current law also includes
numerous other references to facilities and services involved in the care of children
for less than 24 hours a day that include the term "day care." This bill changes the
term used to describe care and supervision for children for less than 24 hours a day
from "day care" to "child care."
Neglect
Under current law, "neglect" is defined in the section of the Children's Code
relating to child abuse and neglect reporting as failure, refusal, or inability on the
part of a parent, guardian, legal custodian, or other person exercising temporary or
permanent control over a child, for reasons other than poverty, to provide necessary
care, food, clothing, medical or dental care, or shelter so as to seriously endanger the
physical health of the child. This bill moves that definition to the definitions section
of the Children's Code, thereby making it applicable throughout that code.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SB350, s. 1
1Section
1
. 13.48 (2) (j) of the statutes is amended to read:
SB350,6,32
13.48
(2) (j) No later than the first day of the 7th month after the effective date
3of each biennial budget act, the director of the office of state employment relations
4shall report to the building commission, in writing, regarding the desirability of
5including plans for
day child care facility space in the plans for any construction or
6major remodeling project, enumerated in the state building program in the biennial
7budget act, for any state office building. Based upon the report of the director of the
1office of state employment relations, the building commission may direct that plans
2for
day child care facility space be included in the plans for that construction or major
3remodeling project.
SB350, s. 2
4Section
2. 13.83 (4) (a) 4. of the statutes is amended to read:
SB350,6,75
13.83
(4) (a) 4. Ways in which the results from the scientific study of attachment
6and brain development can be incorporated into public schools,
day child care
7centers, and homes.
SB350, s. 3
8Section
3. 16.85 (1) of the statutes is amended to read:
SB350,6,239
16.85
(1) To take charge of and supervise all engineering or architectural
10services or construction work
, as defined in s. 16.87
, performed by, or for, the state,
11or any department, board, institution, commission
, or officer
thereof of the state,
12including nonprofit-sharing corporations organized for the purpose of assisting the
13state in the construction and acquisition of new buildings or improvements and
14additions to existing buildings as contemplated under ss. 13.488, 36.09
, and 36.11,
15except the engineering, architectural
, and construction work of the department of
16transportation
, and the engineering service performed by the department of
17commerce, department of revenue, public service commission, department of health
18and family services
, and other departments, boards
, and commissions when the
19service is not related to the maintenance, and construction and planning
, of the
20physical properties of the state. The department
shall may not authorize
21construction work for any state office facility in the city of Madison after May 11,
221990, unless the department first provides suitable space for a
day child care center
23primarily for use by children of state employees.
SB350,7,6
120.437
(2) (jm)
Licensing activities. The amounts in the schedule for the costs
2of licensing child welfare agencies under s. 48.60, foster homes and treatment foster
3homes under s. 48.62, group homes under s. 48.625,
day
child care centers under s.
448.65
, and shelter care facilities under s. 938.22 (7). All moneys received for these
5licensing activities and from fees under ss. 48.615, 48.625, 48.65 (3)
, and 938.22 (7)
6(b) and (c) shall be credited to this appropriation account.
SB350, s. 5
7Section
5
. 36.25 (26) of the statutes is amended to read:
SB350,7,108
36.25
(26) Day Child care centers. A college campus may establish a
day child 9care center and may use funds received from the appropriation under s. 20.285 (1)
10(a) to operate it.
SB350, s. 6
11Section
6
. 48.195 (2) (a) of the statutes is amended to read:
SB350,7,2112
48.195
(2) (a) Except as provided in this paragraph, a parent who relinquishes
13custody of a child under sub. (1) and any person who assists the parent in that
14relinquishment have the right to remain anonymous. The exercise of that right shall
15not affect the manner in which a law enforcement officer, emergency medical
16technician, or hospital staff member performs his or her duties under this section.
17No person may induce or coerce or attempt to induce or coerce a parent or person
18assisting a parent who wishes to remain anonymous into revealing his or her
19identity, unless the person has reasonable cause to suspect that the child has been
20the victim of abuse or neglect
, as defined in s. 48.981 (1) (d), or that the person
21assisting the parent is coercing the parent into relinquishing custody of the child.
SB350, s. 7
22Section
7. 48.195 (2) (b) of the statutes is amended to read:
SB350,8,523
48.195
(2) (b) A parent who relinquishes custody of a child under sub. (1) and
24any person who assists the parent in that relinquishment may leave the presence of
25the law enforcement officer, emergency medical technician, or hospital staff member
1who took custody of the child at any time, and no person may follow or pursue the
2parent or person assisting the parent, unless the person has reasonable cause to
3suspect that the child has been the victim of abuse or neglect
, as defined in s. 48.981
4(1) (d), or that the person assisting the parent has coerced the parent into
5relinquishing custody of the child.
SB350, s. 8
6Section
8
. 48.195 (2) (c) of the statutes is amended to read:
SB350,8,137
48.195
(2) (c) No officer, employee, or agent of this state or of a political
8subdivision of this state may attempt to locate or ascertain the identity of a parent
9who relinquishes custody of a child under sub. (1) or any person who assists the
10parent in that relinquishment, unless the officer, employee, or agent has reasonable
11cause to suspect that the child has been the victim of abuse or neglect
, as defined in
12s. 48.981 (1) (d), or that the person assisting the parent has coerced the parent into
13relinquishing custody of the child.
SB350,8,2016
48.32
(1) (b) 1. c. A finding as to whether the county department, department,
17or agency has made reasonable efforts to achieve the goal of the child's permanency
18plan
, unless return of the child to the home is the goal of the permanency plan and
19the judge or circuit court commissioner finds that any of the circumstances specified
20in s. 48.355 (2d) (b) 1. to 5. applies.
SB350, s. 10
21Section
10. 48.33 (4) (c) of the statutes is amended to read:
SB350,9,722
48.33
(4) (c) Specific information showing that continued placement of the child
23in his or her home would be contrary to the welfare of the child, specific information
24showing that the county department, the department, in a county having a
25population of 500,000 or more, or the agency primarily responsible for providing
1services to the child has made reasonable efforts to prevent the removal of the child
2from the home, while assuring that the child's health and safety are the paramount
3concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
4applies, and specific information showing that the county department, department,
5or agency has made reasonable efforts to achieve the goal of the child's permanency
6plan
, unless return of the child to the home is the goal of the permanency plan and
7any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB350,9,1310
48.335
(3g) (c) That the county department, department, or agency has made
11reasonable efforts to achieve the goal of the child's permanency plan
, unless return
12of the child to the home is the goal of the permanency plan and any of the
13circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB350, s. 12
14Section
12
. 48.345 (2m) of the statutes is amended to read:
SB350,9,2015
48.345
(2m) Place the child in the child's home under the supervision of an
16agency or the department, if the department approves, and order the agency or
17department to provide specified services to the child and the child's family, which
18may include
but are not limited to individual, family
, or
, group counseling,
19homemaker or parent aide services, respite care, housing assistance,
day child care
, 20parent skills training
, or prenatal development training or education.
SB350, s. 13
21Section
13
. 48.355 (2) (b) 6. of the statutes is amended to read:
SB350,9,2522
48.355
(2) (b) 6. If the child is placed outside the home, a finding that continued
23placement of the child in his or her home would be contrary to the welfare of the child,
24a finding as to whether the county department, the department, in a county having
25a population of 500,000 or more, or the agency primarily responsible for providing
1services under a court order has made reasonable efforts to prevent the removal of
2the child from the home, while assuring that the child's health and safety are the
3paramount concerns, unless the court finds that any of the circumstances specified
4in sub. (2d) (b) 1. to 5. applies, and a finding as to whether the county department,
5department, or agency has made reasonable efforts to achieve the goal of the child's
6permanency plan
, unless return of the child to the home is the goal of the permanency
7plan and the court finds that any of the circumstances specified in sub. (2d) (b) 1. to
85. applies. The court shall make the findings specified in this subdivision on a
9case-by-case basis based on circumstances specific to the child and shall document
10or reference the specific information on which those findings are based in the court
11order. A court order that merely references this subdivision without documenting
12or referencing that specific information in the court order or an amended court order
13that retroactively corrects an earlier court order that does not comply with this
14subdivision is not sufficient to comply with this subdivision.
SB350, s. 14
15Section
14
. 48.355 (2c) (a) 3. c. of the statutes is amended to read:
SB350,10,1816
48.355
(2c) (a) 3. c. Community support services, such as
day child care, parent
17skills training, housing assistance, employment training
, and emergency mental
18health services.
SB350, s. 15
19Section
15. 48.356 (1) of the statutes is amended to read:
SB350,11,420
48.356
(1) Whenever the court orders a child to be placed outside his or her
21home, orders an expectant mother of an unborn child to be placed outside of her
22home
, or denies a parent visitation because the child or unborn child has been
23adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357,
2448.363
, or 48.365
and whenever the court reviews a permanency plan under s. 48.38
25(5m), the court shall orally inform the parent or parents who appear in court or the
1expectant mother who appears in court of any grounds for termination of parental
2rights under s. 48.415 which may be applicable and of the conditions necessary for
3the child or expectant mother to be returned to the home or for the parent to be
4granted visitation.
Note: This
Section requires termination of parental rights warnings to be given
at annual permanency plan review hearings, which requirement was inadvertently
omitted when
2001 Wisconsin Act 109 replaced annual dispositional order extension
hearings with annual permanency plan review hearings. According to the Department
of Health and Family Services (DHFS), these warnings must be given at permanency
plan review hearings to avoid delaying a petition for termination of parental rights.
SB350, s. 16
5Section
16
. 48.365 (2g) (b) 2. of the statutes is amended to read:
SB350,11,126
48.365
(2g) (b) 2. An evaluation of the child's adjustment to the placement and
7of any progress the child has made, suggestions for amendment of the permanency
8plan, and specific information showing the efforts that have been made to achieve the
9goal of the permanency plan, including, if applicable, the efforts of the parents to
10remedy the factors that contributed to the child's placement
, unless return of the
11child to the home is the goal of the permanency plan and any of the circumstances
12specified in s. 48.355 (2d) (b) 1. to 5. applies.
SB350, s. 17
13Section
17. 48.365 (2m) (a) 1. of the statutes is amended to read:
SB350,12,414
48.365
(2m) (a) 1. Any party may present evidence relevant to the issue of
15extension. If the child is placed outside of his or her home, the person or agency
16primarily responsible for providing services to the child shall present as evidence
17specific information showing that the
person or agency has made reasonable efforts
18to achieve the goal of the child's permanency plan
, unless return of the child to the
19home is the goal of the permanency plan and any of the circumstances specified in
20s. 48.355 (2d) (b) 1. to 5. applies. The judge shall make findings of fact and
21conclusions of law based on the evidence. The findings of fact shall include a finding
22as to whether reasonable efforts were made by the agency primarily responsible for
1providing services to the child to achieve the goal of the child's permanency plan
,
2unless return of the child to the home is the goal of the permanency plan and the
3judge finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
4An order shall be issued under s. 48.355.
SB350, s. 18
5Section
18
. 48.38 (5) (c) 7. of the statutes is amended to read:
SB350,12,96
48.38
(5) (c) 7. Whether reasonable efforts were made by the agency to achieve
7the goal of the permanency plan
, unless return of the child to the home is the goal
8of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b)
91. to 5. applies.
SB350,12,1412
48.47
(7) (cm) Promote the establishment of adequate child care facilities and
13services in this state by providing start-up grants to newly operating
day child care
14facilities and services under rules promulgated by the department.
SB350, s. 20
15Section
20. 48.48 (10) of the statutes is amended to read:
SB350,12,1716
48.48
(10) To license child welfare agencies and
day child care centers as
17provided in s. 48.66 (1) (a).
SB350, s. 21
18Section
21. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes
19is amended to read:
SB350,12,2221
Subchapter xv
22Day Child care providers
SB350, s. 22
23Section
22. 48.65 (title) of the statutes is amended to read:
SB350,12,24
2448.65 (title)
Day Child care centers licensed; fees.
SB350, s. 23
25Section
23. 48.65 (1) of the statutes is amended to read:
SB350,13,8
148.65
(1) No person may for compensation provide care and supervision for 4
2or more children under the age of 7 for less than 24 hours a day unless that person
3obtains a license to operate a
day child care center from the department. To obtain
4a license under this subsection to operate a
day
child care center, a person must meet
5the minimum requirements for a license established by the department under s.
648.67, meet the requirements specified in s. 48.685
, and pay the license fee under
7sub. (3). A license issued under this subsection is valid until revoked or suspended,
8but shall be reviewed every 2 years as provided in s. 48.66 (5).
SB350, s. 24
9Section
24. 48.65 (3) (a) of the statutes is amended to read:
SB350,13,2010
48.65
(3) (a) Before the department may issue a license under sub. (1) to a
day 11child care center that provides care and supervision for 4 to 8 children, the
day child 12care center must pay to the department a biennial fee of $60.50. Before the
13department may issue a license under sub. (1) to a
day
child care center that provides
14care and supervision for 9 or more children, the
day
child care center must pay to the
15department a biennial fee of $30.25, plus a biennial fee of $10.33 per child, based on
16the number of children that the
day child care center is licensed to serve. A
day child 17care center that wishes to continue a license issued under sub. (1) shall pay the
18applicable fee under this paragraph by the continuation date of the license. A new
19day child care center shall pay the applicable fee under this paragraph no later than
2030 days before the opening of the
day child care center.
SB350, s. 25
21Section
25. 48.65 (3) (b) of the statutes is amended to read:
SB350,14,222
48.65
(3) (b) A
day child care center that wishes to continue a license issued
23under par. (a) and that fails to pay the applicable fee under par. (a) by the
24continuation date of the license or a new
day child care center that fails to pay the
25applicable fee under par. (a) by 30 days before the opening of the
day child care center
1shall pay an additional fee of $5 per day for every day after the deadline that the
2group home child care center fails to pay the fee.
Note: This Section corrects an erroneous reference in s. 48.65 (3) (b), stats., which
provides a penalty for a child care center that is late in paying its licensing fee. The
statute contains a reference to a group home, but should instead refer to a child care
center.
SB350, s. 26
3Section
26. 48.651 (title) of the statutes is amended to read:
SB350,14,4
448.651 (title)
Certification of day child care providers.
SB350,14,167
48.651
(1) (intro.) Each county department shall certify, according to the
8standards adopted by the department under s. 49.155 (1d), each
day child care
9provider reimbursed for child care services provided to families determined eligible
10under s. 49.155, unless the provider is a
day child care center licensed under s. 48.65
11or is established or contracted for under s. 120.13 (14). Each county may charge a
12fee to cover the costs of certification. To be certified under this section, a person must
13meet the minimum requirements for certification established by the department
14under s. 49.155 (1d), meet the requirements specified in s. 48.685
, and pay the fee
15specified in this section. The county shall certify the following categories of
day child 16care providers:
SB350,14,2219
48.651
(1) (a) Level I certified family
day child care providers, as established
20by the department under s. 49.155 (1d). No county may certify a provider under this
21paragraph if the provider is a relative of all of the children for whom
he or she the
22provider provides care.
SB350,15,43
48.651
(1) (b) Level II certified family
day child care providers, as established
4by the department under s. 49.155 (1d).
SB350, s. 30
5Section
30. 48.653 of the statutes is amended to read:
SB350,15,11
648.653 Information for day child care providers. The department shall
7provide each
day child care center licensed under s. 48.65 and each county agency
8providing child welfare services with a brochure containing information on basic
9child care and the licensing and certification requirements for
day child care
10providers. Each county agency shall provide each
day
child care provider that it
11certifies with a copy of the brochure.
SB350, s. 31
12Section
31. 48.655 of the statutes is amended to read:
SB350,15,18
1348.655 Parental access. A
day child care provider that holds a license under
14s. 48.65, that is certified under s. 48.651, that holds a probationary license under s.
1548.69
, or that is established or contracted for under s. 120.13 (14) shall permit any
16parent or guardian of a child enrolled in the program to visit and observe the program
17of child care at any time during the provider's hours of operation, unless the visit or
18observation is contrary to an existing court order.
SB350, s. 32
19Section
32. 48.656 of the statutes is amended to read:
SB350,16,2
2048.656 Parent's right to know. Every parent, guardian
, or legal custodian
21of a child who is receiving care and supervision, or of a child who is a prospective
22recipient of care and supervision, from a
day child care center that holds a license
23under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know
24certain information about the
day child care center that would aid the parent,
1guardian
, or legal custodian in assessing the quality of care and supervision provided
2by the
day child care center.
SB350, s. 33
3Section
33. 48.657 (title) of the statutes is amended to read:
SB350,16,4
448.657 (title)
Day Child care center reports.
SB350, s. 34
5Section
34. 48.657 (1) (intro.) of the statutes is amended to read:
SB350,16,86
48.657
(1) (intro.) The department shall provide each
day child care center that
7holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an
8annual report that includes the following information:
SB350, s. 35
9Section
35. 48.657 (1) (a) of the statutes is amended to read:
SB350,16,1310
48.657
(1) (a) Violations of statutes, rules promulgated by the department
11under s. 48.67
, or provisions of licensure under s. 48.70 (1) by the
day child care
12center. In providing information under this paragraph, the department may not
13disclose the identity of any employee of the
day
child care center.
