reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.373 - Medical authorization.

48.373
Medical authorization.
(1)
The court assigned to exercise jurisdiction under this chapter and ch. 938 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 938 determines that reasonable cause exists for the services and that the minor is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 and consents.
(2)
Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.
(3)
In a proceeding under s. 48.375 (7), a circuit court exercising jurisdiction under s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion.
History:  1971 c. 105; 1977 c. 354 s. 64; 1977 c. 449; Stats. 1977 s. 48.373; 1991 a. 263; 1993 a. 32; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.385 - Plan for transition to independent living.

48.385
Plan for transition to independent living.
During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement shall do all of the following:
(1)
Transition plan. Provide the child with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the child, shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.
(2)
Identification documents and other information. Except as provided in this subsection, ensure that the child is in possession of a certified copy of the child's birth record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the child's health care records, and either an operator's license issued under ch. 343 or an identification card issued under s. 343.50. If the child is not in possession of any of those documents or that information, the agency shall assist the child in obtaining any missing document or information. This subsection does not apply to a child who has been placed in out-of-home care for less than 6 months.
History:  2009 a. 79; 2011 a. 32; 2013 a. 334; 2015 a. 55, 128; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.40 - Definitions.

48.40
Definitions.
In this subchapter:
(1)
Except as otherwise provided, “agency" means the department, a county department or a licensed child welfare agency.
(1m)
“Kinship care relative" means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.
(1r)
“Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, “parent" includes a person who may be the parent of such a child.
(2)
“Termination of parental rights" means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.
History:  1979 c. 330; 1985 a. 176; 1995 a. 289; 2005 a. 293; 2007 a. 96.
Terminating Parental Rights. Hayes & Ogorchok. Wis. Law. June 1989.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.423 - Rights of persons alleging paternity.

48.423
Rights of persons alleging paternity.
(1)
Rights to paternity determination. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) or (bm).
(2)
Rights of out-of-state fathers. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence:
(a)
That the person resides and has resided in another state where the mother of the child resided or was located at the time of or after the conception of the child.
(b)
That the mother left that state without notifying or informing that person that she could be located in this state.
(c)
That the person attempted to locate the mother through every reasonable means, but did not know or have reason to know that the mother was residing or located in this state.
(d)
That the person has complied with the requirements of the state where the mother previously resided or was located to protect and preserve his paternal interests in matters affecting the child.
History:  1979 c. 330; 2005 a. 293; 2007 a. 96, 97.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.426 - Standard and factors.

48.426
Standard and factors.
(1)
Court considerations. In making a decision about the appropriate disposition under s. 48.427, the court shall consider the standard and factors enumerated in this section and any report submitted by an agency under s. 48.425.
(2)
Standard. The best interests of the child shall be the prevailing factor considered by the court in determining the disposition of all proceedings under this subchapter.
(3)
Factors. In considering the best interests of the child under this section the court shall consider but not be limited to the following:
(a)
The likelihood of the child's adoption after termination.
(b)
The age and health of the child, both at the time of the disposition and, if applicable, at the time the child was removed from the home.
(c)
Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these relationships.
(d)
The wishes of the child.
(e)
The duration of the separation of the parent from the child.
(f)
Whether the child will be able to enter into a more stable and permanent family relationship as a result of the termination, taking into account the conditions of the child's current placement, the likelihood of future placements and the results of prior placements.
History:  1979 c. 330.
When grandparents opposing termination had a substantial relationship with the child and wished to participate in the proceedings, it was error to exclude their testimony in determining the child's best interest. David S. v. Laura S., 179 Wis. 2d 114, 507 N.W.2d 94 (1993).
A termination of parental rights works a legal severance of the relationship between the child and the child's birth family. Sub. (3) (c) requires an examination of the harmful effect of the legal severance on the child's relationships with the birth family. The court may consider an adoptive parent's promise to continue the relationship, but it is not bound to hinge its determination on that legally unenforceable promise. State v. Margaret H., 2000 WI 42, 234 Wis. 2d 606, 610 N.W.2d 475, 99-1441.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.44 - Jurisdiction over persons 17 or older.

48.44
Jurisdiction over persons 17 or older.
The court has jurisdiction over persons 17 years of age or older 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.
History:  1971 c. 213 s. 5; 1975 c. 39; 1977 c. 354; 1987 a. 27; 1989 a. 121; 1995 a. 27; 1997 a. 35, 292; 2013 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.465 - Motion for postdisposition relief and appeal.

48.465
Motion for postdisposition relief and appeal.
(1)
Appeal by respondent. A motion for postdisposition relief from a final order or judgment by a person subject to this chapter shall be made in the time and manner provided in ss. 809.30 to 809.32. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person subject to this chapter shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
(2)
Appeal by state. An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.
(3)
Exceptions. This section does not apply to a termination of parental rights case under s. 48.43, to a parental consent to abortion case under s. 48.375 (7), or to a guardianship proceeding under s. 48.9795.
History:  2009 a. 26; 2019 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.481 - Grants for children's community programs.

48.481
Grants for children's community programs.
From the appropriation under s. 20.437 (1) (bc), the department shall distribute the following grants for children's community programs:
(1)
Foster care placement continuation.
(a)
The department shall distribute foster care continuation grants in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose. Beginning in fiscal year 2013-14, a county is eligible to receive funding under this paragraph only if the county received such funding in fiscal year 2012-13.
(b)
A county shall evaluate the proposed living arrangement of an individual under par. (a) to determine whether that living arrangement is cost-effective compared to other care reasonably available to the county including other community care as well as institutional care. If the proposed living arrangement is not cost-effective, the county may not use funds distributed under par. (a) for the care of that individual in the proposed living arrangement. A county shall evaluate the cost-effectiveness of the living arrangement of an individual for whom funds are provided under par. (a) at least once every 5 years.
(2)
Transition to a successful adulthood. The department shall distribute at least $231,700 in each fiscal year for the purpose of assisting individuals who attain the age of 18 while residing in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement to make the transition from out-of-home care to a successful adulthood. No county may use funds provided under this subsection to replace funds previously used by the county for this purpose.
History:  1999 a. 9, 149; 2003 a. 33; 2007 a. 20 ss. 1117 to 1121; Stats. 2007 s. 48.481; 2009 a. 28; 2013 a. 20, 334; 2015 a. 128; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.485 - Transfer of Indian children to department for adoption.

48.485
Transfer of Indian children to department for adoption.
(1)
If the department accepts guardianship or legal custody or both from a tribal court under s. 48.48 (3m), the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2) or under a substantially similar tribal law.
(2)
If a permanent adoptive or subsidized guardianship placement is not in progress within 2 years after entry of the termination of parental rights order by the tribal court, the department may petition the tribal court to transfer legal custody or guardianship of the Indian child back to the Indian tribe, except that the department may not petition the tribal court to transfer back to an Indian tribe legal custody or guardianship of an Indian child who was initially taken into custody under s. 48.195 (1).
History:  1989 a. 31; 2005 a. 296; 2009 a. 94; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.527 - Community youth and family aids; bonus for county facilities.

48.527
Community youth and family aids; bonus for county facilities.
From the appropriation under s. 20.437 (1) (ck), the department shall allocate an amount equal to 15 percent of a county's allocation in the preceding fiscal year under s. 48.526 or $750,000, whichever is less, in additional funds for a county that operates a secured residential care center for children and youth that was funded by a grant under 2017 Wisconsin Act 185, section 110 (4), and that serves juveniles from more than one county.
History:  2017 a. 185; 2019 a. 8.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.528 - Community intervention program.

48.528
Community intervention program.
(1)
In each fiscal year, the department shall distribute the amount appropriated under s. 20.437 (1) (cm) to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.
(2)
To determine eligibility for a payment under sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately.
(3)
The department shall distribute 33 percent of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available. The department shall distribute 33 percent of the amounts distributed under sub. (1) 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 2-year period for which that information is available. The department shall distribute 34 percent of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the department of justice, during the most recent 2-year period for which that information is available.
History:  2015 a. 55 ss. 4295, 4297 to 4299; Stats. 2015 s. 48.528.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.548 - Multidisciplinary screen and assessment criteria.

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.
History:  1987 a. 339.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.55 - State adoption information exchange and state adoption center.

48.55
State adoption information exchange and state adoption center.
(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.
(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:
(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).
(b)
Seeking persons to undergo training.
(c)
Operating a toll-free telephone number to provide information and referral services.
(d)
Distributing pamphlets which provide information on the availability of adoption services.
(e)
Promoting adoption through the communications media.
History:  1983 a. 27; 1995 a. 266; 1997 a. 35; 1999 a. 9 ss. 1135 to 1139; 2001 a. 16; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.56 - Child welfare services in counties having populations of less than 750,000.

48.56
Child welfare services in counties having populations of less than 750,000.
(1)
Each county having a population of less than 750,000 shall provide child welfare services through its county department.
(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 ch. 457.
(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.
History:  1975 c. 307; 1977 c. 271; 1985 a. 176; 1991 a. 160; 1997 a. 27; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.561 - Child welfare services in a county having a population of 750,000 or more.

48.561
Child welfare services in a county having a population of 750,000 or more.
(1)
The department shall provide child welfare services in a county having a population of 750,000 or more.
(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 ch. 457.
(3)
(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:
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.
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.
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).
(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.
History:  1997 a. 27, 237; 1999 a. 9; 2001 a. 16; 2007 a. 20; 2011 a. 32; 2013 a. 20; 2021 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.562 - Milwaukee child welfare partnership council.

48.562
Milwaukee child welfare partnership council.
(1)
The Milwaukee child welfare partnership council shall do all of the following:
(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.
(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).
(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).
(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).
(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).
(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).
(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.
(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).
History:  1995 a. 303; 1997 a. 27; 2007 a. 20 s. 799; Stats. 2007 s. 48.562; 2009 a. 337; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.565 - Carry-over of children and family aids funds.

48.565
Carry-over of children and family aids funds.
(1)
Funds allocated by the department under s. 48.569 (1) (d) but not spent or encumbered by counties by December 31 of each year lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.437 (1) (b) or as follows:
(a)
At the request of a county, the department shall carry forward to the next calendar year up to 3 percent of the total amount allocated to the county under s. 48.569 (1) (d) for a calendar year.
(b)
At the request of a county, the department shall carry forward to the next calendar year up to 10 percent of the total amount allocated to the county under s. 48.569 (1) (d) for a calendar year if the department agrees that an emergency or other circumstance that was unforeseen when the original allocation to the county was made necessitates the carryover.
(2)
(a)
The department may bill a county or deduct from a county's allocation under s. 48.563 (2) for the costs of implementing and operating the statewide automated child welfare information system established under s. 48.47 (7g). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.437 (1) (j).
(b)
A county may not use any moneys distributed under s. 48.563 (2) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.
(7)
The amount of funds carried forward from the preceding calendar year at the request of a county under sub. (1) (a) or (b) does not affect the determination of that county's share of the funding allocated under s. 48.563 (2) for a calendar year.
(8)
A county shall use funds carried forward under this section for services provided to children and families and not for the county's general administrative costs.
History:  2007 a. 20 ss. 1106 to 1109, 1288; 2009 a. 94; 2011 a. 32; 2015 a. 172.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.568 - Allocation of federal funds for children and family aids and child welfare.

48.568
Allocation of federal funds for children and family aids and child welfare.
Subject to s. 48.563 (1) (b) and (c), if the department receives unanticipated federal foster care and adoption assistance payments under 42 USC 670 to 679a and it proposes to allocate the unanticipated funds so that an allocation limit in s. 48.563 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 48.563. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 48.563, only with the approval of the committee.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.576 - Shelter care facilities; general supervision and inspection by department.

48.576
Shelter care facilities; general supervision and inspection by department.
(1)
Generally. The department shall investigate and supervise all shelter care facilities and familiarize itself with all the circumstances affecting their management and usefulness.
(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.
(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.
(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.
(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.
(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.
(7)
Statistics to be furnished. Whenever the department is required to collect statistics, the person or agency shall furnish the required statistics on request.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.578 - Shelter care facilities; establishment, approval, inspection.

48.578
Shelter care facilities; establishment, approval, inspection.
(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.
(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.
(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.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.58 - County children's home in populous counties.

48.58
County 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:
(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;
(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.
(4)
Provide temporary shelter care for children taken into custody under s. 48.19 or 938.19.
(5)
Provide temporary shelter care for children placed in the county children's home under a voluntary agreement under s. 48.63 (1) (b).
History:  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.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.59 - Examination and records.

48.59
Examination and records.
(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.
(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.
History:  1977 c. 449; 1985 a. 176; 1993 a. 385, 446, 491; 1995 a. 77; 1997 a. 27, 292; 2015 a. 172.
A 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.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.599 - Definitions.

48.599
Definitions.
In this subchapter:
(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).
(1r)
“Physical restraint" includes all of the following:
(a)
A locked room.
(b)
A device or garment that interferes with a child's freedom of movement and that the child is unable to remove easily.
(c)
Restraint by a child welfare agency staff member of a child by use of physical force.
(2)
“Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
History:  1989 a. 336; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.61 - Powers and duties of child welfare agencies.

48.61
Powers and duties of child welfare agencies.
A child welfare agency shall have authority:
(1)
To accept legal or physical custody of children transferred to it by the court under s. 48.355.
(2)
To contract with any parent or guardian or other person for the supervision or care and maintenance of any child.
(3)
To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes and licensed group homes as permitted under s. 48.63 (1) (a), in shelter care facilities as permitted under s. 48.63 (1) (b), and in the homes of guardians as permitted under s. 48.977 (2).
(4)
To provide for the moral and religious training of children in its legal custody according to the religious belief of the child or the child's parents.
(5)
If licensed to do so, to accept guardianship of children when appointed by the court, and to place children under its guardianship for adoption.
(6)
To provide services to the court under s. 48.07.
(7)
To license foster homes in accordance with s. 48.75 if licensed to do so.
History:  1977 c. 354 s. 101; 1977 c. 418, 449; 1979 c. 300; 1991 a. 316; 1993 a. 446; 1999 a. 83; 2005 a. 25; 2009 a. 28; 2013 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.615 - Child welfare agency licensing fees.

48.615
Child welfare agency licensing fees.
(1)
(a)
Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.
(b)
Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed group homes, shelter care facilities approved under s. 938.22 (2) (c), and in the homes of guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.
(c)
A child welfare agency that wishes to continue a license issued under s. 48.60 (1) shall pay the applicable fee under par. (a) or (b) by the continuation date of the license.
(d)
A new child welfare agency shall pay the applicable fee under par. (a) or (b) no later than 30 days before the opening of the child welfare agency.
(e)
An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay the fee under par. (a) or (b) for a license under s. 48.60 (1).
(2)
A child welfare agency that wishes to continue a license issued under s. 48.60 (1) and that fails to pay the applicable fee under sub. (1) (a) or (b) by the continuation date of the license or a new child welfare agency that fails to pay the applicable fee under sub. (1) (a) or (b) by 30 days before the opening of the child welfare agency shall pay an additional fee of $5 per day for every day after the deadline that the agency fails to pay the fee.
History:  1991 a. 39; 1993 a. 446; 1995 a. 27; 1997 a. 27; 2001 a. 59; 2005 a. 25; 2009 a. 28; 2011 a. 209; 2013 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.619 - Definition.

48.619
Definition.
In this subchapter, “child" means a person under 18 years of age. For purposes of the authority to provide care and maintenance for a child and of counting the number of children for whom a foster home or group home may provide care and maintenance, “child" also includes a person 18 years of age or over, but under 21 years of age, who resides in the foster home or group home 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).
History:  2001 a. 69; 2009 a. 28; 2013 a. 334; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.653 - Information for child care providers.

48.653
Information for child care providers.
The department shall provide each child care center licensed under s. 48.65 and each county agency providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for child care providers. Each county agency shall provide each child care provider that it certifies with a copy of the brochure.
History:  1983 a. 193; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.655 - Parental access.

48.655
Parental access.
A child care provider that holds a license under s. 48.65, that is certified under s. 48.651, that holds a probationary license under s. 48.69, or that is established or contracted for under s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.
History:  1991 a. 275; 1993 a. 16; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.656 - Parent's right to know.

48.656
Parent's right to know.
Every parent, guardian, or legal custodian of a child who is receiving care and supervision, or of a child who is a prospective recipient of care and supervision, from a child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 has the right to know certain information about the child care center that would aid the parent, guardian, or legal custodian in assessing the quality of care and supervision provided by the child care center.
History:  1991 a. 275; 1993 a. 213, 375; 1997 a. 256; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.657 - Child care center reports.

48.657
Child care center reports.
(1)
The department shall provide each child care center that holds a license under s. 48.65 (1) or a probationary license under s. 48.69 with an annual report that includes the following information:
(a)
Violations of statutes, rules promulgated by the department under s. 48.658 (4) (a) or 48.67, or provisions of licensure under s. 48.70 (1) by the child care center. In providing information under this paragraph, the department may not disclose the identity of any employee of the child care center.
(b)
A telephone number at the department that a person may call to complain of any alleged violation of a statute, rule promulgated by the department under s. 48.658 (4) (a) or 48.67, or provision of licensure under s. 48.70 (1) by the child care center.
(c)
The results of the most recent inspection of the child care center under s. 48.73.
(2)
A child care center shall post the report under sub. (1) next to the child care center's license or probationary license in a place where the report and the inspection results can be seen by parents, guardians, or legal custodians during the child care center's hours of operation.
(2g)
If the report under sub. (1) indicates that the child care center is in violation of a statute, a rule promulgated by the department under s. 48.658 (4) (a) or 48.67, or a provision of licensure under s. 48.70 (1), the child care center shall post with the report any notices received from the department relating to that violation.
(2m)
The department shall make available on the department's Internet site, as part of the department's licensed child care center search database, a specific description of any violation described in sub. (1) and a description of any steps taken by the child care center to correct the violation.
(2r)
Each child care center that receives a report under sub. (1) shall make available to a parent, guardian, or legal custodian of a child who is receiving, or who is a prospective recipient of, care and supervision from the child care center the reports under sub. (1) from the previous 2 years and any notices received from the department relating to any violations identified in those reports. In providing information under this subsection, a child care center may withhold any information that would disclose the identity of an employee of the child care center.
(3)
The department may require a child care center to provide to the department any information that is necessary for the department to prepare the report under sub. (1).
History:  1991 a. 275; 1993 a. 16, 375; 1997 a. 256; 2009 a. 19, 28, 185.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.659 - Child care quality rating system.

48.659
Child care quality rating system.
The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives payment under s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department's Internet site.
History:  2009 a. 28; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.675 - Qualified residential treatment programs.

48.675
Qualified residential treatment programs.
(1)
The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. A residential care center for children and youth, group home, or shelter care facility certified under this section shall comply with all other requirements applicable to the residential care center for children and youth, group home, or shelter care facility.
(2)
The department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1).
History: 2021 a. 42.