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Wis. Stat.
§ 48.48
This document has been updated.
Wisconsin Statutes
Social Services
Chapter
48. Children's Code
Subchapter
XI. Authority
§ 48.48. Authority
of department
The
department shall have authority:
(1)
To promote the enforcement of the laws relating to nonmarital children,
children in need of protection or services including developmentally disabled
children and unborn children in need of protection or services and to
take the initiative in all matters involving the interests of those children
and unborn children when adequate provision for those interests is not
made. This duty shall be discharged in cooperation with the courts, county
departments, licensed child welfare agencies and with parents, expectant
mothers and other individuals
interested in the welfare of children and unborn children.
(2)
To assist in extending and strengthening child welfare services with appropriate
federal agencies and in conformity with the federal social security act
and in cooperation with parents, other individuals and other agencies
so that all children needing such services are reached.
(3)
To accept guardianship of children when appointed by the court, and to
provide special treatment or care when directed by the court. A court
may not direct the department to administer psychotropic medications to
children who receive special treatment or care under this subsection.
(3m)
To accept appointment by an American Indian tribal court in this state
as guardian of a child for the purpose of making an adoptive placement
for the child if all of the following conditions exist:
(a)
The child does not have parents or a guardian or the parental rights to
the child have been terminated by a tribal court in accordance with procedures
that are substantially equivalent to the procedures specified in subch.
VIII.
(b)
The tribal court has transferred the guardianship or legal custody, or
both, of the child to the department, if the child does not have parents
or a guardian.
(c)
The tribal court's judgment for termination of parental rights identifies
the department as the agency that will receive guardianship or legal custody,
or both, of the child upon termination, if the parental rights to the
child have been terminated.
(d)
The tribal court has signed a written contract that addresses federal
and state law and that provides that the tribal court will accept the
return of the legal custody or the legal custody and guardianship of the
child if the department petitions the tribal court to do so under s. 48.485.
(8)
To place children under its guardianship for adoption.
(8m)
To enter into agreements with American Indian tribes in this state to
implement the Indian child welfare act, 25 USC 1911 to 1963.
(9)
To license foster homes or treatment foster homes as provided in s. 48.66(1)(a)
for its own use or for the use of licensed child welfare agencies or,
if requested to do so, for the use of county departments.
(9m)
To license shelter care facilities as provided in s. 48.66(1)(a).
(10)
To license child welfare agencies and day care centers as provided in
s. 48.66(1)(a).
(11)
When notified of the birth or expected birth of a child who is or is likely
to be a nonmarital child, to see that the interests of the child are safeguarded,
that steps are taken to establish the child's paternity and that there
is secured for the child, if possible, the care, support and education
the child would receive if he or she were a marital child.
(12)(a)
To enter into an agreement to assist in the cost of care of a child after
legal adoption when the department has determined that such assistance
is necessary to assure the child's adoption. Agreements under this paragraph
shall be made in accordance with s. 48.975. Payments shall be made from
the appropriation under s. 20.435(3)(dd).
(b)
This subsection shall be administered by the department according to criteria,
standards and review procedures which it shall establish.
(13)
To promulgate rules for the payment of an allowance to children in its
institutions
and a cash grant to a child being discharged from its institutions.
(15)
To license group homes as provided in s. 48.625.
(16)
To establish and enforce standards for services provided under ss. 48.345
and 48.347.
(16m)
To employ under the unclassified service in an office of the department
that is located in a 1st class city a director of the office of urban
development who shall be appointed by the secretary to serve at the pleasure
of the secretary and who shall coordinate the provision of child welfare
services in a county having a population of 500,000 or more with the implementation
of the Wisconsin works program under ss. 49.141 to 49.161 in a county
having a population of 500,000 or more.
(17)(a)
In a county having a population of 500,000 or more, to administer child
welfare services and to expend such amounts as may be necessary out of
any moneys which may be appropriated for child welfare services by the
legislature, which may be donated by individuals or private organizations
or which may be otherwise provided. The department shall also have authority
to do all of the following:
1.
Investigate the conditions surrounding nonmarital children, children in
need of protection or services and unborn children in need of protection
or services within the county and to take every reasonable action within
its power to secure for them the full benefit of all laws enacted for
their benefit. Unless provided by another agency, the department shall
offer social services to the caretaker of any child, and to the expectant
mother of any unborn child, who is referred to the department under the
conditions specified in this subdivision. This duty shall be discharged
in cooperation with the court and with the public officers or boards legally
responsible for the administration and enforcement of these laws.
2.
Accept legal custody of children transferred to it by the court under
s. 48.355, to accept supervision over expectant mothers of unborn children
who are placed under its supervision under s. 48.355, and to provide special
treatment or care for children and expectant mothers if ordered by the
court and if providing special treatment or care is not the responsibility
of the county department under s. 46.215, 51.42, or 51.437. A court may
not order the department to administer psychotropic medications to children
and expectant mothers who receive special treatment or care under this
subdivision.
3.
Provide appropriate protection and services for children and the expectant
mothers of unborn children in its care, including providing services for
those children and their families and for those expectant mothers in their
own homes, placing the children in licensed foster homes, treatment foster
homes, or group homes in this state or another state within a reasonable
proximity to the agency with legal custody, placing the children in the
homes of guardians under s. 48.977(2), or contracting for services for
those children by licensed child welfare agencies, except that the department
may not purchase the educational component of private day treatment programs
unless the department, the school board, as defined in s. 115.001(7),
and the state superintendent
of public instruction all determine that an appropriate public education
program is not available. Disputes between the department and the school
district shall be resolved by the state superintendent of public instruction.
4.
Provide for the moral and religious training of children in its care according
to the religious belief of the child or of his or her parents.
5.
Place children in a county children's home in the county, to accept guardianship
of children when appointed by the court and to place children under its
guardianship for adoption.
6.
Provide services to the court under s. 48.06.
7.
Contract with any parent or guardian or other person for the care and
maintenance of any child.
8.
License foster homes or treatment foster homes in accordance with s. 48.75.
9.
Use in the media a picture or description of a child in its guardianship
for the purpose of finding adoptive parents for that child.
10.
Administer kinship care and long-term kinship care as provided in s. 48.57
(3m),(3n) and (3p).
11.
Contract with the county department under s. 46.215, 51.42 or 51.437 or
with a licensed child welfare agency to provide any of the services that
the department is authorized to provide under this chapter.
(b)
In performing the functions specified in par. (a), the department may
avail
itself of the cooperation of any individual or private agency or organization
interested in the social welfare of children and unborn children in the
county.
(c)
From the appropriations under s. 20.435(3)(cx), (gx), (kw) and (mx), the
department may provide funding for the maintenance of any child who meets
all of the following criteria:
1.
Is 18 years of age or older.
2.
Is enrolled in and regularly attending a secondary education classroom
program leading to a high school diploma.
3.
Received funding under s. 20.435(3)(cx) or 46.495(1)(d) immediately prior
to his or her 18th birthday.
4.
Is living in a foster home, treatment foster home, group home, , residential
care center for children and youth, or subsidized guardianship home under
s. 48.62(5).
(d)
The funding provided for the maintenance of a child under par. (c) shall
be in an amount equal to that which the child would receive under s. 20.435(3)(cx),
(gx), (kw) and (mx) or 46.495(1)(d) if the child were 17 years of age.
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