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APPENDIX A NEW OR EXPANDED POSITION REQUEST

I. GENERAL INFORMATION

Department: Department of Social Services Date: March 5, 2018

Position Requested: Social Work Supervisor FT PT FTE % (If unsure of classification, indicate “To be determined”) Number of Positions: 1 FTE

Division Position Will Be Assigned To: Social Work

(Indicate NA if not applicable)

Projected Start Date of Position: January 2019 Priority Number of This Position: If you are requesting more than one position, prioritize all your requests and indicate the priority number of position.

II. FULL EXPLANATION OF NEED FOR POSITION

A. Is this position request compatible with the County’s mission statement?

This position oversees social workers in the area of child welfare, a program that is statutorily required of the county.

B. What is your department’s mission statement and how does position support this mission and/or

department strategic plan?

This position supports the county’s ability to ensure the health and safety of children and support families, which is the mission of the Department.

C. Indicate reasons for asking for position including purpose of position, applicable workload data and

trends, etc. plus attach relevant supporting data. If more than one position of the same classification is being requested, also justify the number requested.

As the needs have grown in Child Welfare, in large part due to the drug epidemic, social work caseloads have increased. In addition to receiving three new social work positions in Child Protective Services to address this need, four new social work positions have been added in the past few years to respond to the waiting list for children’s long term support programming. While the CLTS positions were fully funded, and the waiting list is being successfully addressed, DSS management staff was not increased to provide additional supervision for the seven new positions.

At this time, we are faced with the fact that we are more than twice over the recommended ratio of staff to supervisor ration in child welfare. The CPS ongoing supervisor oversees 11 social workers (and one parent educator) which is a 1:12 when the national standard is 1:5. In addition, the supervisor who oversees the programming for children with disabilities also has a 1:12 ratio.

With the addition of a new Social Work supervisor, an additional child welfare unit can be created to even out the supervisory ratio to 1:8, which is still above the national standard, but far more solid than our current state.

D. What benefit will the position provide to the County? How does the position improve/enhance

customer service and/or address community needs?

This benefits the County by supporting a structure that allows for effective predictable supervision

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which is greatly needed for the daily in time types of critical decision making and approvals that must be made in the area of Child Protective Services and other social work services that support CPS.

E. Indicate any alternatives to creating this position that were considered and why you still chose to

request the position?

DSS had utilized LTE staff and intern students to support some of the tasks associated with social work and will continue to do so. However, with the liability level associated with supervision of these critical tasks, it is necessary to hire a FTE supervisor to complete the work of the department.

F. What will be the effect if the proposed position is not created?

Currently, supervisors are working excessive hours to compensate for the high staff to supervisory

ration. While we commend them for their dedication to our work, this is not sustainable. As a veteran high performing supervisor is nearing retirement, a replacement supervisor will not have the capacity to contribute at this same level. In addition, the Director and Child Welfare Manager have been needed to assist with daily supervision to support the work, which takes them away from the work that they are hired and paid to do at a higher level.

If we don’t address our shortage in supervisory capacity, we increase the likelihood of having

ineffective oversight and support of our social workers in our high liability area of child protective services.

G. What criteria will you use to monitor the effectiveness and performance of the position. (Increasing

revenues, improved customer service, decreasing costs, enhancing services, etc?) All areas of social work have performance standards set by the state and federal government. We will

continue to monitor those. With the addition of a new supervisor, the Director and Child Welfare Manager will have additional time to provide the leadership to the department to thoroughly evaluate and initiate performance improvement projects.

III. SPECIFIC DUTIES OF NEW POSITION

A. List the specific duties position will perform plus the approximate percentage of time to be spent on

each duty.

See attached position description.

5406 3007 SOCIAL WORK SUPERVISOR.

B. Could another County department use the expertise of this position? OR could you use the expertise of

another department to meet your needs? Why or why not?

With the addition of a new supervisor, DSS will have increased ability to consult with and collaborate with other county departments who have similar missions.

C. If the work is currently being done by the County, how is it being accomplished (contract basis,

temporary help, current employee, etc.)? Why is this arrangement no longer acceptable?

Currently, supervisors are working excessive hours because of their dedication to our work. This is not sustainable. In addition the Director and Child Welfare Manager are called upon for supervisory duties, which is not efficient.

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IV. POSITION COSTS AND FUNDING SOURCES

A. What is the anticipated total cost of this position? (Include salary; benefits; office space, remodeling, furniture, and equipment; travel; and other applicable costs.)

2019 SW Supervisor Costing.xlsx

B. Explain specifically how position will be funded. An additional revenue source has been evaluated for offsetting clinical supervision time.

Amount of County tax levy: *18, 537 % of total costs: 17%

Amount of any outside funding: 92, 563 % of total costs: 83%

Source of outside funding: Comprehensive Community Services funding (state and federal) Length of outside funding: Indefinite Likelihood of funding renewal: Strong Would this outside funding be used to offset the levy if not used for this position? Yes, or re-

invested in other needed supports in social work. *The projected levy amount is assuming a hire at mid-point which is higher than current practice.

C. Will the proposed position allow your department to increase revenues or decrease expenditures

beyond the cost of the position? If yes, how?

D. Does the proposed position provide preventive services that will lead to cost avoidance or more extensive services in the future? OR Can the proposed position be justified as an investment with future benefits to the County greater than the cost of the position? If yes, how?

Potentially, out of home placement rates could be decreased as additional supervisory time is available for consultation and critical decision making with social workers to divert placements and create in home safety plans.

E. Can the position costs be offset by eliminating or reducing a lower priority function? If yes, explain.

No. We have created two lead worker positions to further support the work of the supervisors, and this will continue, but it does not replace the function of the supervisory oversight to all assigned staff.

V. COMMITTEE OF JURISDICTION

What is the recommendation of the committee of jurisdiction?

NOTE: An updated or new Position Description Questionnaire (PDQ) may be necessary to complete the job evaluation process. Signature of Supervisor/Manager Completing Request Date

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Department Head Signature Date

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Attachment 1

Social Services Manager (Social Work Supervisor) Payroll Occ Code: 5406

DBM Rating: C52 FLSA: Exempt

Reports to: Social Services Director Position Summary: This is a professional management position supervising Social Workers in the Child Protective Services Access and Initial Assessment Unit. Employee will interpret and implement state, county and agency policies and procedures and advocate for needed programming. Will also provide organizational leadership in collaboration with the management team. Work is performed under the direction of the Child Welfare Manager. Examples of Work Performed: The following duties are typical for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned.

Provides organizational leadership and partners with management team to implement strategies for continuous improvement of agency service delivery system.

Participates in agency management and supervisory meetings; develops collaborative work plans with management team to lead organizational change.

Supervises professional Social Workers in the performance of case management for a Social Services unit; prioritizes and assigns cases; reviews files; assists in making difficult decisions and assessments.

Interviews and selects new professional social work staff; provides training and instruction; plans, coordinates, assigns, and reviews work activities and outcomes; acts on problems and concerns; maintains standards; approves leave; evaluates performance and recommends transfers, promotions, discipline, discharges, and reclassifications.

Administers and monitors assigned unit; advocates for needed programming; develops, implements and monitors program policies and procedures; interprets, implements, monitors and ensures unit compliance with all applicable state, local and agency policies and procedures; reviews and processes release of information requests.

Assesses staff safety issues and implements plans to address job-related risks. Acts as agency liaison with other community service agencies and groups; collaborates

with law enforcement agencies to develop interagency agreements. Attends multi-disciplinary and multi-agency team meetings; serves as a consultant to community agencies; participates in community agency committee meetings.

Reviews and develops responses to issues, inquiries and problems related to unit operations and services; receives, mediates and resolves client/customer complaints and concerns; assists Social Workers in dealing with difficult clients or situations.

Acts as part of the DSS management emergency response system for the County. May develop and implement emergency response system team plan for assigned unit.

Writes grant applications and oversees and monitors grants; assists in preparing unit budget; monitors unit expenditures.

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Attachment 1 (Continued)

Develops, updates and monitors contracts for the purchase of services; coordinates services with contracted agencies including quality improvement plans.

May consult with and collaborate with Corporation Counsel on court proceedings and goals.

Conducts in-service programs and presentations for staff. Invites and coordinates community professionals to present in-service programs. Manages unit training budget and approves training requests. Reads and reviews professional literature and communicates necessary information to appropriate staff.

Prepares a variety of reports, statistics, and correspondence including unit statistics, technical study reports, program/services waiting lists, court reports, monthly unit statistical reports, letters to clients and annual report.

Maintains regular and predictable attendance. Works extra hours as required. Performs other related functions as required.

Knowledge, Skills, and Abilities:

Strong leadership and organizational development skills; ability to improve organizational performance and lead positive organizational change.

Strong project management skills and the ability to oversee large projects. Ability to manage multiple high-priority projects simultaneously.

Ability to successfully interact and maintain effective working relationships with other staff, partner agencies, and state staff employees.

Ability to represent the organization’s work and mission to the public; interact with community partners to effectively accomplish goals.

Skill in supervising staff, organizing and directing unit operations, and providing coaching, feedback, and support in developing others.

Strong collaboration skills with the ability to gain cooperation from staff at all levels. Commitment to leading a learning organization. Ability to be open minded and receptive to different points of view. Ability to be a team player and know how to work with people throughout the

organization to implement changes and build a more effective organization. Ability to communicate effectively both orally and in writing. Knowledge of the organization’s work and functions of state and local government,

including financial relationships, with particular understanding of the implications of program decisions on County tax levy.

Knowledge of laws, regulations, and practices pertaining to federal and state economic support programs.

Ability to interpret and apply agency directives and policies in accordance with federal, state, and local laws, rules, and regulations.

Qualifications: Related master's degree preferred, minimum of a bachelor's degree from an approved college or university in Social Work or closely related field plus 5 years of experience with a minimum of one year working in a child welfare agency; OR equivalent combination of closely related education and experience required. Previous human services supervisory or lead experience required. Skill needed in using a computer for entering data and running reports.

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Attachment 1 (Continued)

Necessary Special Qualifications: Possession of a driver's license and a driving record that meets County standards or ability to obtain reliable transportation as needed. Also required is current certification as a Social Worker by the State of Wisconsin Examining Board of Social Workers, Marriage and Family Therapists, and Professional Counselors.

Selection Procedure: Selection of the successful candidate may be made by assessment of experience and education, criminal record check, oral interview; review of references, written Management assessment, and other appropriate job-related selection procedures. All applicants will be notified as to the status of their application. Compensation: Salary Range (C52): Minimum $65,702 - Midpoint $78,843 - Maximum $91,983

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Attachment 2

Social Service Manager - C52Social Service DepartmentFTE = 1.0 (Social Worker Supervisor)

 

DBM C52 $65,702 $78,843 $91,983

Health ‐ Family* 1616.73 $19,401 $19,401 $19,401

Dental ‐ Family* 58.57 $703 $703 $703

FICA Retirement Rate 6.20% $4,074 $4,888 $5,703

FICA Medicare Rate 1.45% $953 $1,143 $1,334

Unemployment Insurance 0.15% $99 $118 $138

Retirement ‐ Employer* 6.70% $4,402 $5,282 $6,163

Worker's Comp ‐ Clerical 0.19% $125 $150 $175

PEHP $22 $572 $572 $572

$96,031 $111,100 $126,172Total Estimated Cost

2018 Rates

2019 BUDGET PLANNING - NEW POSITION COST

Item Minimum Mid-Point Maximum

Marathon County Department of Social Services Priority Based Budgeting

Quadrant 3 and Quadrant 4 Programs Over $100,000  

Quadrant 3 Programs Program Total Cost Program Revenue Net Program Cost Children's Community Options Program 110,660 100,000 10,660Comprehensive Community Services Case Management 363,406 363,039 367Out of Home Care - Group Home 788,430 300,998 487,432Out of Home Care - Residential Care 2,170,381 858,438 1,311,943Out of Home Care - Treatment Foster Care 710,005 281,245 428,760Volunteer Drivers - Child Transport 149,392 47,962 101,430Economic Support - Administration 137,457 126,168 11,289Elderly Blind and Disabled - Long Term Care 242,797 222,858 19,939Elderly Blind and Disabled - Economic Support - Medicaid 196,492 180,356 16,136Family Services - Child Care 444,595 408,084 36,511Family Services - Food Share 538,210 494,011 44,199Family Services - Medicaid 761,347 698,823 62,524Wisconsin Home Energy Assistance 367,767 332,338 35,429

 

  

Quadrant 4 Programs Program Total Cost Program Revenue Net Program Cost Education Training Voucher - DCF Scholarship 504,612 456,000 48,612Residential Care Diversion 154,925 37,280 117,645

 

Marathon County Department of Social Services  Priority Based Budgeting 

Quadrant 3 and Quadrant 4 Programs Over $100,000   

Quadrant 3 Programs Program  Total Cost  Program Revenue  Net Program Cost Children's Community Options Program  Description: Funding source used to provide for match on Children’s Long Term Support (CLTS) service plan expenditures and services not covered under CLTS waiver. 

110,660  100,000 10,660

Comprehensive Community Services Case Management Description: Social Work staff provide intensive case management services to youth in the custody of social services who have diagnoses of mental health issues. 

363,406  363,039 367

Out of Home Care ‐ Group Home Description: Payment to group home facilities that are licensed by the State. Provides a higher degree of structure than foster homes. 

788,430  300,998 487,432

Out of Home Care ‐ Residential Care Description: Payment to Residential Care Centers (Institutional Care) for children and youth who have significant behavioral or medical needs; high staff to resident ratio. 

2,170,381  858,438 1,311,943

Out of Home Care ‐ Treatment Foster Care Description: Payment to treatment level foster parents, who are more highly trained to care for youth with complicated needs, but can be maintained in our community.  

710,005  281,245 428,760

Volunteer Drivers ‐ Child Transport Description: Contract for transportation, primarily volunteer drivers, to assist in youth and family transports for appointment and visits, pursuant to court ordered services. 

149,392  47,962 101,430

   

Quadrant 3 Programs 

Program  Total Cost  Program Revenue  Net Program Cost 

Economic Support ‐ AdministrationDescription: Administrative support staff completing program requirements in place of Economic Support Specialists including child care alerts, child care provider audits, ES inbox and appointment scheduling. 

137,457  126,168 11,289

Elderly Blind and Disabled ‐ Long Term Care Description: Economic Support Specialists and Lead Economic Support Specialist provide eligibility processing of applications and renewals for Institutional (nursing home) and Family Care (community‐based care) long‐term care. Includes Call Center responsibilities and in person interviews and fair hearing attendance for eligibility appeals. 

242,797  222,858 19,939

Elderly Blind and Disabled ‐ Economic Support ‐ Medicaid Description: Economic Support Specialists and Lead Economic Support Specialist provide eligibility processing of applications and renewals for Medicaid. Includes Call Center responsibilities and in person interviews and fair hearing attendance for eligibility appeals. 

196,492  180,356 16,136

Family Services ‐ Child Care Description: Economic Support Specialists and Lead Economic Support Specialist provide eligibility processing of applications and renewals for Child Care. Includes Call Center responsibilities and in person interviews and fair hearing attendance for eligibility appeals. 

444,595  408,084 36,511

Family Services ‐ Food Share Description: Economic Support Specialists and Lead Economic Support Specialist provide eligibility processing of applications and renewals for Food Share. Includes Call Center responsibilities and in person interviews and fair hearing attendance for eligibility appeals. 

538,210  494,011 44,199

   

Quadrant 3 Programs Program  Total Cost  Program Revenue  Net Program Cost 

Family Services ‐ MedicaidDescription: Economic Support Specialists and Lead Economic Support Specialist provide eligibility processing of applications and renewals for Medicaid. Includes Call Center responsibilities and in person interviews and fair hearing attendance for eligibility appeals. 

761,347  698,823 62,524

Wisconsin Home Energy Assistance Description: Contract for eligibility determination for heating and electrical assistance throughout the heating season and crisis assistance throughout the year. 

367,767  332,338 35,429

          

Quadrant 4 Programs 

Program  Total Cost  Program Revenue  Net Program Cost Education Training Voucher ‐ DCF Scholarship Description: Funding source for Department of Children and Families Education and Training Scholarship program.  Marathon County is the fiscal agent for the state.  A 5% administrative rate is charged. 

504,612  456,000 48,612

Residential Care Diversion Description: Funds that are used flexibly to support families in maintaining children and youth to avoid out of home placements in high cost settings such as residential care. 

154,925  37,280 117,645

 

One East Main Street, Suite 401 • Madison, WI 53703-3382

(608) 266-1304 • Fax: (608) 266-3830 • Email: leg.council@legis.wisconsin.gov http://www.legis.wisconsin.gov/lc

WISCONSIN LEGISLATIVE COUNCIL AMENDMENT MEMO

2017 Assembly Bill 953

Assembly Substitute Amendment 1, as Amended by Assembly Amendments 1 and 2

Memo published: February 26, 2018 Contact: Katie Bender-Olson, Senior Staff Attorney

BACKGROUND

A juvenile who violates the law may be adjudicated delinquent under ch. 938, Stats., Juvenile Justice Code, and receive a disposition, which is a consequence for violating the law imposed on a juvenile offender. Alternatively, a juvenile may be convicted under the adult Criminal Code and receive an adult sentence, if the juvenile commits certain serious offenses or meets other criteria.

A juvenile may be held in secure custody in a Type 1 juvenile correctional facility if the juvenile is adjudicated delinquent and receives certain dispositions. Currently, the only Type 1 juvenile correctional facilities are the Lincoln Hills and Copper Lake Schools, operated by the Department of Corrections (DOC), and the Mendota Juvenile Treatment Center, operated by the Department of Health Services (DHS). A juvenile may be placed in a Type 1 juvenile correctional facility if a court gives the juvenile a Serious Juvenile Offender Program (SJOP) disposition or a correctional placement disposition. A juvenile may receive one of these dispositions only if the juvenile commits certain offenses and the court makes specific findings.

A juvenile may also be held in secure custody in a Type 1 juvenile correctional facility if the juvenile is convicted in adult court, is under the age of 18, and receives an adult sentence. Under current law, juveniles convicted in adult court, juveniles in the SJOP, and juveniles with correctional placements are all under the supervision of DOC.

A juvenile may be held in secure custody in a juvenile detention facility if the juvenile is adjudicated delinquent and receives a disposition designating that facility for placement. Juvenile detention facilities are locked facilities approved by DOC for the secure, temporary holding of juveniles and are operated by counties. Placements in a juvenile detention facility may be for 365 days or less, if the county board authorizes such a disposition. These placements

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are sometimes referred to as “180/365 Programs.” Juveniles placed in a juvenile detention facility for more than 30 days must receive specified programming and services.

2017 ASSEMBLY BILL 953

2017 Assembly Bill 953 makes various changes to juvenile corrections, including the closure of the Lincoln Hills and Copper Lake Schools (hereinafter, collectively referred to as “Lincoln Hills”) and the establishment of new DOC Type 1 juvenile correctional facilities and new county secured residential care centers for children and youth (SRCCCYs) by July 1, 2020. The bill creates a grant program to fund 95% of the cost of establishing or constructing SRCCCYs, but does not authorize bonding or appropriate money for this purpose.

The bill also creates two temporary committees, one housed in DOC to oversee the grant program, and one housed in the Department of Children and Families (DCF) to recommend a location for new Type 1 juvenile correctional facilities and to recommend rules for DCF to promulgate regarding juvenile services and programming provided in SRCCCYs. Finally, among other changes to current law, the bill expands the purposes for which counties may use their youth aids funding, but does not provide any additional youth aids related to operating an SRCCCY.

ASSEMBLY SUBSTITUTE AMENDMENT 1, AS AMENDED

Assembly Substitute Amendment 1, as amended by Assembly Amendments 1 and 2 (“the substitute amendment”), retains various changes to juvenile corrections, including closure of Lincoln Hills and the establishment of new Type 1 juvenile correctional facilities and SRCCCYs.

Among other differences from Assembly Bill 953, the substitute amendment, described below, extends the timeline for closing Lincoln Hills and building new juvenile facilities by six months, authorizes state bonding totaling $80 million for constructing and expanding facilities, creates a youth aids bonus program for counties operating SRCCCYs, requires that DOC rather than DCF promulgate rules regarding services and programming in SRCCCYs, and offers additional state funding and reimbursement related to SRCCCYs holding female juveniles.

Closure of Lincoln Hills and Transfer of Juveniles

The substitute amendment requires DOC to permanently close the Type 1 juvenile correctional facilities housed at Lincoln Hills and to transfer the juveniles held there to another Type 1 juvenile correctional facility or to an SRCCCY. The closure and transfer must occur no later than January 1, 2021. However, DOC may transfer juveniles in phases, as the SRCCCYs and Type 1 juvenile facilities are ready to accept them.

Former Lincoln Hills as Adult DOC Facility

The substitute amendment allows DOC to establish and operate an adult correctional institution at the location that was Lincoln Hills.

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New DOC Juvenile Facilities

The substitute amendment requires DOC to establish one or more Type 1 juvenile correctional facilities no later than January 1, 2021, and to consider recommendations of the Juvenile Corrections Study Committee (described in a later section) in establishing or constructing the new facility or facilities. The substitute amendment requires DOC to include the cost for staffing, operating, and maintaining the new Type 1 juvenile correctional facilities in its 2019-21 Biennial Budget request.

The substitute amendment also adds the Type 1 juvenile correctional facilities to the 2017-19 Authorized State Building Program and increases the general fund supported borrowing by $25 million for the facilities.

Mendota Juvenile Treatment Center Expansion

The substitute amendment requires DHS to construct an expansion of the Mendota Juvenile Treatment Center. The Mendota Juvenile Treatment Center is a 29-bed secure treatment facility that is located at the Mendota Mental Health Institute in Dane County. The expansion must accommodate no fewer than 29 additional juveniles.

The substitute amendment also adds the Mendota Juvenile Treatment Center expansion to the 2017-19 Authorized State Building Program and increases the general fund supported borrowing by $15 million for the project.

New County or Tribal SRCCCYs for Juveniles

The substitute amendment allows a county or American Indian tribe or band (“tribe”) to establish an SRCCCY for its juveniles. A county may establish an SRCCCY on its own, may establish an SRCCCY jointly with one or more other counties, may contract on its own or jointly with a child welfare agency to establish an SRCCCY, or may contract with another county to place juveniles in that county’s SRCCCY.

An SRCCCY may be located in a portion of a juvenile detention facility or a Type 1 juvenile correctional facility. These co-located SRCCCYs are subject to DOC requirements related to programming and services that must be provided to juveniles, as well as DOC standards and regulations for the design, construction, repair, and maintenance of SRCCCYs.

The substitute amendment also creates a DOC grant program to provide funding for design and construction of SRCCCYs. A county may apply to a juvenile corrections grant program (described in a later section) to cover 95% of the costs of designing and constructing an SRCCCY, 95% of the costs of designing and constructing a facility housing both an SRCCCY and a juvenile detention facility, or 100% of the costs of designing and constructing an SRCCCY or a portion of an SRCCCY that is only for female juveniles. The construction costs eligible for grant funding include costs of renovating an existing structure.

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The substitute amendment also adds the SRCCCYs to the 2017-19 Authorized State Building Program and increases the general fund supported borrowing by $40 million for the projects.

County Juvenile Detention Facilities

The substitute amendment prohibits a court from placing a juvenile in a juvenile detention facility for more than 30 consecutive days, unless it is an “eligible juvenile detention facility.” An “eligible juvenile detention facility” is a facility in which juvenile placements of more than 30 days were authorized as of January 1, 2018 (generally, county facilities with a “180/365 Program” at the start of 2018). An “eligible juvenile detention facility” may continue to receive juvenile placements of more than 30 consecutive days by receiving a grant under the competitive process established by the substitute amendment and becoming an SRCCCY as of January 1, 2021.

Additionally, certain juvenile detention facilities are grandfathered under the substitute amendment and may continue receiving juvenile placements of more than 30 consecutive days without becoming an SRCCCY. Specifically, an “eligible juvenile detention facility” may continue to receive these longer-term juvenile placements without becoming an SRCCCY by meeting all of the following criteria: (1) the juvenile detention facility is not awarded a grant under the substitute amendment; (2) the facility does not house a larger number of juveniles after January 1, 2021 than it did on that date; and (3) the facility is not altered, added to, or repaired in excess of 50% of its assessed value. If the “eligible juvenile detention facility” violates these conditions, it is no longer authorized to accept juvenile placements for more than 30 consecutive days and is subject to the same prohibition on receiving long-term placements as other juvenile detention facilities.

Juvenile Corrections Grant Committee

The substitute amendment creates a Juvenile Corrections Grant Committee (“Grant Committee”) in DOC to administer a grant program to provide 95% or 100% state funding for SRCCCY design and construction costs.

Grant Committee Membership

The substitute amendment creates a 10-member Grant Committee consisting of the following members: (1) the Governor, or his or her designee; (2) the DOC Secretary, or his or her designee; (3) the DCF Secretary, or his or her designee; (4) three State Senators, appointed by the Senate President or the appointed Senator’s designee; (5) three State Representatives, appointed by the Assembly Speaker or the appointed Representative’s designee; and (6) a representative of a nonprofit that focuses on best practices for holding juveniles in secure custody, appointed by the Governor.

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Grant Requirements

The substitute amendment creates a grant program to which counties may apply for funding costs of designing and constructing SRCCCYs. Multiple counties may coordinate to submit one grant application for an SRCCCY that will hold juveniles from all of the cooperating counties. A county may apply for a grant to pay 95% of design and construction costs, including costs of renovating an existing structure, for an SRCCCY or a facility that houses both an SRCCCY and a juvenile detention facility. A county may also apply for a grant to pay 100% of these costs for an SRCCCY, or a portion of an SRCCCY, that is only for female juveniles.

The Grant Committee oversees the grant program and must establish requirements, guidelines, and criteria for grant proposals and for awarding grants. The substitute amendment requires a county to do the following in developing its grant application: (1) consider best practices in designing and operating facilities that hold juveniles in secure custody; (2) consider the feasibility of developing an existing facility into an SRCCCY; and (3) solicit input from juvenile court judges. The substitute amendment also requires the Grant Committee to give preference to proposals that utilize existing facilities that consider proximity to the populations of juveniles the facility would serve, and to multi-county applications.

Grant Committee Timelines

The substitute amendment creates timelines for the submission and approval of grant applications. The deadline for counties to submit grant applications to the Grant Committee is March 31, 2019. The Grant Committee may then work with applicants to modify their applications.

The Grant Committee must submit a statewide plan of recommended grant approvals to the Joint Finance Committee (JFC) by July 1, 2019. The statewide plan recommends which grant applications to approve, and is created by the Grant Committee after consultation with DOC and DCF, and after DOC approval of any proposed SRCCCY site, design, and construction specifications. The plan approval goes through passive review by JFC, meaning that the Grant Committee and DOC may implement the plan if JFC declines to schedule a meeting to review the plan within 14 working days after submittal of the plan. However, if JFC does schedule such a meeting, then the Grant Committee cannot implement the plan until it is approved by JFC.

After review by JFC, DOC must award grants under the statewide plan and the Grant Committee must monitor the progress of the grant-funded projects to ensure compliance with the program and timely completion. The Grant Committee terminates on either the date all grant-funded projects are completed, or January 1, 2021, whichever is earlier.

Juvenile Corrections Study Committee

The substitute amendment creates a Juvenile Corrections Study Committee (“Study Committee”) in DOC to recommend rules for governing what services and programming must be provided in SRCCCYs, and to recommend a location for new Type 1 juvenile correctional facilities.

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Study Committee Membership

The substitute amendment creates a 24-member Study Committee consisting of the following members: (1) the DOC Secretary, or his or her designee; (2) the DCF secretary, or his or her designee; (3) the DHS Secretary, or his or her designee; (4) the Superintendent of Public Instruction, or his or her designee; (5) the State Public Defender, or his or her designee; (6) three State Representatives, appointed by the Assembly Speaker or the appointed Representative’s designee; (7) three State Senators, appointed by the Senate President or the appointed Senator’s designee; (8) two circuit court judges, appointed by the Governor; (9) two District Attorneys, appointed by the Governor; (10) two representatives of law enforcement agencies in Wisconsin, appointed by the Governor; (11) one representative of a national organization that focuses on eliminating race-based discrimination, appointed by the Governor; (12) one representative of a nonprofit that focuses on issues relating to juvenile justice, appointed by the Governor; (13) one representative of a nonprofit that focuses on best practices for holding juveniles in secured custody, appointed by the Governor; (14) one representative of the county department of social services or human services (“county human services department”) in the county with the highest percentage of juveniles under the supervision of DOC or a county department under ch. 938, Stats., appointed by the Governor; (15) one representative of a county human services department of a county that operates a regional juvenile detention facility that is also an “eligible juvenile detention facility,” appointed by the Governor; (16) one representative of a county human services department of a county other than those previously described, appointed by the Governor; and (17) one citizen who has been under DOC supervision under ch. 938, Stats., or has had a close family member under such supervision, appointed by the Governor.

The DOC and DCF Secretaries serve as co-chairpersons of the Study Committee and agencies with membership on the Study Committee must provide staff to support the committee functions.

Recommendations for Rules and Facility Locations

The substitute amendment requires the Study Committee to research and develop recommendations for administrative rules governing services and programming provided to juveniles in SRCCCYs. The Study Committee must also study and develop recommendations for the location of Type 1 juvenile correctional facilities. In creating its facility location recommendations, the Study Committee must consider space and security needs, cost, proximity to the populations of juveniles the facilities would serve, and best practices for holding juveniles in secure custody. The Study Committee must also conduct an inventory of existing state-owned facilities with capacity to be used as Type 1 juvenile correctional facilities, and must favor the use of existing facilities. In developing its services and programming and facility location recommendations, the Study Committee must consult with one or more organizations that focus on developing best practices for holding juveniles in secure custody.

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Study Committee Timelines

The Study Committee must submit its recommendations for rules regarding SRCCCY services and programming to DOC by September 1, 2018. The Study Committee must submit its recommendations for Type 1 juvenile correctional facility locations to DOC by November 1, 2018. The Study Committee terminates on January 1, 2021.

DOC Administrative Rules

The substitute amendment requires DOC to promulgate emergency administrative rules governing services and programming for juveniles in SRCCCYs. These rules must include uniform data reporting standards for counties or tribes that operate or contract with a child welfare agency to operate an SRCCCY. The substitute amendment also requires DOC to promulgate emergency administrative rules to establish standards for the approval, design, construction, repair, maintenance, and operation of SRCCCYs.

DOC must present a statement of scope of these rules for the Governor’s approval by August 24, 2018. DOC must then submit the rules in final draft form to the Governor by December 17, 2018.

DOC Versus County Supervision and Care of Juveniles

The substitute amendment makes changes to the supervision of juveniles under correctional placements and to where such juveniles are placed in secure custody. Under the substitute amendment, DOC maintains supervision over juveniles with adult court sentences and juveniles in the SJOP, but the supervision of juveniles under other correctional placements is transferred to the counties.

The substitute amendment also provides that, as of the date all juveniles are transferred from Lincoln Hills or January 1, 2021, whichever is earlier, a court may only make a correctional placement of a juvenile to an SRCCCY under the supervision of the county. This means that juveniles not serving adult sentences and who are not in the SJOP will be placed in SRCCCYs under the substitute amendment, rather than in a Type 1 juvenile correctional facility as under current law. The substitute amendment does allow for a change of placement to transfer such a juvenile to a Type 1 juvenile correctional facility if certain criteria are met, as discussed below.

Change of Placement to Transfer Between Facilities

The substitute amendment generally requires that juveniles given a correctional placement under county supervision must be placed in an SRCCCY, and not in a Type 1 juvenile correctional facility, but provides for transfers between facilities.

Moving a County Juvenile From an SRCCCY to a Type 1 Juvenile Correctional Facility

The substitute amendment allows a juvenile to be transferred to a Type 1 juvenile correctional facility, and to have supervision of the juvenile transferred from the county to DOC, under certain circumstances. A juvenile with a correctional placement may be placed in a Type

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1 juvenile correctional facility if either of the following criteria are met: (1) the juvenile is placed at an SRCCCY that is unable to meet the juvenile’s treatment needs, the programming at the Type 1 juvenile correctional facility is able to meet his or her treatment needs, and no other SRCCCY is willing and able to meet the juvenile’s treatment needs; or (2) the county’s SRCCCY does not have space for the juvenile and no other SRCCCY is willing and able to meet the juvenile’s treatment needs. A juvenile with a correctional placement may only be transferred to the Mendota Juvenile Treatment Center upon a recommendation by DHS.

A hearing is required before a court changes a juvenile’s placement from an SRCCCY to a Type 1 juvenile correctional facility, and DOC has an opportunity to object to the transfer. If a court orders a change of placement to a Type 1 juvenile correctional facility, then the county must pay DOC for the cost of the juvenile’s care at the statutory daily rate.

Moving a County Juvenile From One SRCCCY to Another SRCCCY

The substitute amendment allows a juvenile with a correctional placement to be transferred from one SRCCCY to another, if the sending SRCCCY cannot meet the treatment needs of the juvenile, and if the receiving SRCCCY is able to meet the juvenile’s treatment needs and offers more appropriate care and services. This transfer may be done without a court hearing if the receiving SRCCCY agrees. The county must contract with the receiving SRCCCY for care and services for the juvenile, who remains under the supervision of the sending county.

Moving a DOC Juvenile to an SRCCCY

The substitute amendment allows DOC to place a juvenile under its supervision in an SRCCCY, if the receiving SRCCCY agrees. DOC may also transfer a juvenile from one SRCCCY to another, if the first SRCCCY is unable to meet the juvenile’s treatment needs and the second SRCCCY is consulted and is able to meet the juvenile’s treatment needs. These placements and transfers may be done by DOC without a court hearing. DOC must contract with the receiving SRCCCY for the care and services provided to the juvenile, and the juvenile remains under DOC supervision.

State Funding for SRCCCY Operations

Youth Aids

The substitute amendment creates a bonus program based on youth aids to counties operating an SRCCCY and expands the uses for youth aids. Youth aids are state and federal funds provided by DCF to counties used to pay for juvenile correctional and delinquency-related services. Each county receives a different allocation of youth aids based on application of various formulas.

The substitute amendment creates a new program under DCF which will allocate additional funding to a county that operates a joint SRCCCY funded by a Grant Committee grant. These counties must receive an additional allocation equal to either 15% of the county’s youth aids in the prior fiscal year, or equal to $750,000, whichever is less.

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The substitute amendment also allows a county to use its youth aids for basic care and supervision costs in SRCCCYs and juvenile detention facilities, which a county cannot do under current law.

Female SRCCCY Operating Loss Reimbursement

The substitute amendment creates a DOC program and sum sufficient appropriation for reimbursing counties that operate a female SRCCCY funded by a Grant Committee grant for any net operating loss it experiences. A county may seek reimbursement by submitting a request and supporting financial statements to DOC and the Legislative Audit Bureau (“Audit Bureau”). The Audit Bureau then conducts an audit of the county’s net operating costs for an SRCCCY that holds only females to determine the amount of net operating loss to be reimbursed. DOC must reimburse the county for the amount determined by the Audit Bureau. The new appropriation may also be used to pay for the costs of the audit.

Education Funding

The substitute amendment adds SRCCCYs to the eligible uses for the state tuition payment appropriation, which reimburses the school district in which an SRCCCY is located for educational services provided to the juveniles in the facility.

Hiring Preference for Current Lincoln Hills Employees

The substitute amendment creates preferences for Lincoln Hills employees in hiring processes for the new Type 1 juvenile facilities and SRCCCYs. A classified employee working at Lincoln Hills when DOC begins accepting applications for a new Type 1 juvenile correctional facility may apply to transfer to a position at the new facility. DOC may then transfer the employee to certain positions without competitive procedures. A DOC employee working at Lincoln Hills when an SRCCCY operated by a county begins accepting applications may be selected by the county without regard to county civil service requirements that would otherwise apply. In addition, a DOC employee working at Lincoln Hills when an SRCCCY operated by a child welfare agency begins accepting applications must be granted an initial interview.

BILL HISTORY

Assembly Substitute Amendment 1 and Assembly Amendment 1 to Assembly Substitute Amendment 1 were both offered by Representatives Schraa and Goyke, and Assembly Amendment 2 to Assembly Substitute Amendment 1 was offered by Representatives Schraa and Bowen, on February 21, 2018. On that date, the Assembly adopted all three amendments on voice votes and passed Assembly Bill 953, as amended, on a vote of Ayes, 95; Noes, 0.

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