CHILD WELFARE AND JUVENILE JUSTICE

RELATED TERMS,

DEFINITIONS THEREFOR:

A glossary of terms as used in statutes,

administrative rules, and other documents

An ever-evolving work in progress

(December 2004)

Mark S. Mitchell, Manager

Legislation and Policy Consultation Section

Bureau of Child Welfare Programs and Policies

Division of Children and Family Services
The documents cited in this glossary are the following:

State Statutes

Administrative Rules

Federal Laws and Regulations

Other Documents

CHILD WELFARE AND JUVENILE JUSTICE

RELATED DEFINITIONS

-A-

“Abortion” means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.   [s. 48.375(2)(a)]

“Abuse” means the willful infliction on an elder person of physical pain or injury or unreasonable confinement.   [s. 46.90(1)(a)]

“Abuse” means the willful infliction on a person of physical pain or injury or unreasonable confinement.   [s. 46.986(1)(a)]

“Abuse”, other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following:

   (a)  Physical injury inflicted on a child by other than accidental means.

   (am)  When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

   (b)  Sexual intercourse or sexual contact under s. 940.225, 948.02 or 948.025.

   (c)  A violation of s. 948.05.

   (d)  Permitting, allowing or encouraging a child to violate s. 944.30.

   (e)  A violation of s. 948.055.

   (f)  A violation of s. 948.10.

   (gm)  Emotional damage for which the child’s parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms.  [s.48.02(1)]

“Abuse” means any of the following:

   1.  An act, omission or course of conduct by another that is inflicted intentionally or recklessly on an individual with developmental disability or mental illness and that does at least one of the following:

   a.  Results in bodily harm or great bodily harm to the individual.

   b.  Intimidates, humiliates, threatens, frightens or otherwise harasses the individual.

   2.  The forcible administration of medication to an individual with developmental disability or mental illness, with the knowledge that no lawful authority exists for the forcible administration.

   3.  An act to an individual with developmental disability or mental illness that constitutes first degree, 2^nd degree, 3^rd degree or 4^th degree sexual assault as specified under s. 940.225.   [s. 51.62(1)(ag)]

“Administrative review” means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the deliver of services to, either the child or the parents who are the subject of the review.   [42 USC 675(a)(6)]

“Administrative review” means a formal review of a child’s permanency plan by an administrative review panel.  [draft s. HFS 44.03(2)]

“Administrative review” means a review of the plan of services for a child conducted by a panel of persons selected by the adoption agency, at least one of whom is not responsible for the case management or for the supervision or delivery of services to either the child who is subject to the review or the child’s parents.   [s. HFS 50.01(4)(a)]

“Administrative review panel” or “review panel” means a panel of 3 persons designated by an independent agency or by the agency that prepared a child’s permanency plan and appointed by a court under ss. 48.38(5)(a) and 938.38(5)(a), Stats., to review the child’s permanency plan.  At least 2 of the 3 persons on the panel shall be persons not employed by the agency that prepared the permanency plan and who are not providing services to the child whose permanency plan is being reviewed or his or her parents.   [draft s. HFS 44.03(3)]

“Adolescent” means an individual who is at least 12 years of age and under 18 years of age.   [s. 46.04(1)(a)]

“Adolescent” means a person who is at least 10 years of age but under the age of 18.   [s. 46.995(4m)(a)1.]

“Adopted person” means a person whose birth parents have had their parental rights terminated in this state at any time or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.   [s. HFS 53.01(2)(a)]

“Adoptee” means a person who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.  [s. 48.432(1)(a); relates only to this section]

“Adoptee” has the meaning given in s. 48.432(1)(a).   [s. 48.93(1)]

“Adoption” means a method provided by law to establish the legal relationship of parent and child between persons who are not so related by birth, with the same mutual rights and obligations that exist between children and the child’s birth parents.   [s. HFS 50.01(4)(b)]

“Adoption” means the method provided under ss. 48.81 to 48.975, Stats., to establish the legal relationship of parent and child between persons who are not related by birth, with the same mutual rights and obligations that exist between children and their birth parents.   [s. HFS 51.03(2)]

“Adoption agency” or “agency” means a Wisconsin county department authorized under s. 48.57(1)(e) or (hm), Stats., to place children for adoption, the department, a licensed child welfare agency authorized under ss. 48.60 and 48.61(5), Stats., to accept guardianship and to place children under its guardianship for adoption or an American Indian tribal agency in this state.   [s. HFS 50.01(4)(c)]

“Adoption assistance” means payments by the department to the adoptive or proposed adoptive parents of a child which are designed to assist in the cost of care of that child after an agreement under sub. (4) has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents.  [s. 48.975(1)]

“Adoption assistance” means assistance provided under agreement by the department to the parents of an adopted child or the prospective adoptive parents of a child placed for adoption, when the family has signed and the department has approved an agreement that is designed to assist in the cost of care of the child after adoption or after the child has been placed for adoption.   [s. HFS 50.01(4)(d)]

“Adoption assistance agreement” means an agreement under s. 48.975 with a child's adoptive parents to provide specified benefits, including medical assistance, to the child, or a similar agreement in writing between an agency of another state and the adoptive parents of a child adopted in that state, if the agreement is enforceable by the adoptive parents.   [s. 48.9985(1)(a)]

“Adoption assistance agreement” means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum

   (A) specifies the nature and amount of any payments, services, and assistance to be provided under such agreement, and

   (B)  stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time.  The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective.   [42 USC 675(a)(3)]

“Adoption assistance for medical care” means the program under Title XIX of the Social Security Act as codified in 42 USC 1396, ss. 49.43 to 49.497, Stats., and Chs. HFS 101 to 108.   [s. HFS 50.01(4)(e)]

“Adoption information exchange” or "exchange" means a department program created to facilitate the adoption of special needs children by disseminating information about the children to adoption agencies and prospective adoptive families.   [s. HFS 50.01(4)(f)]

“Adoption information exchange” means the department program under ss. HSS 50.07 to 50.09, intended to facilitate the adoption of special needs children by disseminating information about the children to adoption agencies and prospective adoptive families.   [s. HFS 51.03(3)]

“Adoption photolisting” means a publication that lists individual special needs children and includes photographs and descriptions of them.   [s. HFS 50.01(4)(g)]

“Adoption promotion and support services” means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.   [42 USC 629a(a)(7)]

“Adoption record information” means all records that the department or agency has accumulated pertaining to the termination of parental rights, the development of an adoption case plan and the supervision and monitoring of an adoption placement, including the adoptive home study, birth parent and family records, foster home placement records, planning card files and adoptive placement materials.   [s. 53.01(2)(b)]

“Adoption search” means the functions and activities of department or agency staff carried out to locate specific birth parents, birth parent relatives or other persons or agencies who could assist in locating birth parents, for the purpose of obtaining medical and genetic information or birth parent identity and location information.   [s. 53.01(2)(c)]

“Adoption search program” means the department program responsible for either conducting searches or delegating responsibility to agencies to conduct searches for medical and genetic information and birth parent identity and location on behalf of persons specified under ss. 48.432(3)(a) and 48.433(3)(b), Stats.   [s. 53.01(2)(d)]

“Adoptive family” means a husband and wife jointly or an unmarried adult.   [s. HFS 50.01(4)(h)]

“Adoptive parent” means a person who has adopted a child in this state or who has adopted in another state a child who was placed for adoption with that person in this state.   [s. 48.434(1)(a)]

“Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.   [ICWA]

“Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.   [s. 48.02(1d); s. 938.02(1)]

“Adult” means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained the age of 17 years.   [s. 990.01(3)]

“Adult family member” means any of the following who is at least 25 years of age:

   1.  Grandparent.

   2.  Aunt.

   3.  Uncle.

   4.  Sister.

   5.  Brother.   [s. 48.375(2)(b)]

“Adult resident” means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) and (3n).   [s. 48.57(3p)(a)]

“Adult resident” means a person 18 years of age or over who lives at the home of a relative with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a relative.   [s. HFS 58.03(1)]

“Advertise” means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio or television.   [s. 48.825(1)(a)]

“AFDC” or “Aid to Families with Dependent Children” means the Income Maintenance program provided under Title IV-A of the Social Security Act.  Under federal welfare reform legislation, this program was replaced by TANF (Temporary Assistance for Needy Families).  A child’s linkage to AFDC, using the July 16, 1996 need standard, is a criteria for Title IV-E eligibility.   [IV-E Policy Manual]

“AFDC group” means the grouping of the persons from the removal home whose income and resources must be considered in determining if the child meets the financial need (income and resources criteria) for AFDC relatedness.   [IV-E Policy Manual]

“AFDC relatedness” means a IV-E eligibility criterion indicating the child has a relatedness to the AFDC program in effect July 16, 1996 to be eligible for Title IV-E benefits; the criteria for meeting AFDC relatedness are age, citizenship, deprivation, living with a specified relative, and financial need (both income and assets).   [IV-E Policy Manual]

“AFDC 100% standard of need” means the cost of a family’s basic living needs that the state recognizes as essential for all families, and any special recurring or nonrecurring needs recognized by the state as essential for some persons.  The AFDC Need Standard in effect on July 16, 1996 is the standard used for Title IV-E eligibility.   [IV-E Policy Manual]

“Affidavit” means a sworn written statement from a birth parent giving the department authorization to release that birth parent’s identity and location to the requesting adopted person who is at least 21 years of age.   [s. 53.01(2)(e)]

“Aftercare” means follow-up services provided to a young person after he or she is discharged from a center.   [s. HFS 52.03(1)]

“Aftercare” means the provision of community services by a lead agency to a youth released from a secured juvenile correctional institution.   [s. DOC 397.03(1)]

“Aftercare agent” means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.   [s. 940.20(2m)(a)1.]

“Aftercare plan” means a plan for transition services, identified in the child’s permanency and treatment plans, which will be provided after the child’s discharge from a treatment foster home and which are designed to ensure continuity in the management of the child’s treatment needs.  [s. HFS 38.03(1)]

“Aftercare services” means follow-up support services, arranged prior to discharge from the treatment foster care program, for the child and the child’s parents or other care providers which may include but are not limited to phone contact, in-home consultation, participation in parent groups, and crisis intervention.  For youth who will live independently, “aftercare services” may include but are not limited to housing, job location, and individual support.  [s. HFS 38.03(2)]

“Agency managed plan” means a protective or safety plan overseen by the agency.  Family members should have as much input as possible, but development, coordination and monitoring of the plan is done by the agency.  If a safety or protective plan is needed, and there is insufficient information to assure that a non-maltreating adult in the home can and will protect the child or it is known that there is no such adult in the home, the plan must be managed by the agency.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Agency of a county department” means a public or private organization with which a county department contracts for provision of services under Ch. 46, 51 or 55.   [s. 51.40(1)(a)]

“Agency-operated group home” means a home for which the licensee is a public agency other than the department.  [s. HFS 57.02(8)(c)]

“Agent” includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s.51.42 or 51.437 or by a child welfare agency who is working with a child or an expectant mother of an unborn child under contract with or under the supervision of the department in a county having a population of 500,000 or more or a county department under s. 46.22.  [s. 48.981(3)(d)1.; relates to this paragraph]

“Agent” means any person providing services under a contract with an emergency medical service provider.   [s. HFS 39.03(1)]

“Aggravated circumstances” include abandonment in violation of s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s. 948.20 if committed in this state, torture, chronic abuse and sexual abuse.   [s. 48.355(2d)(a)1.; s. 938.355(2d)(a)1.]

“Aggravated circumstances” means abandonment in violation of s. 948.20, Stats., or in violation of the law of any other state or of federal law if that violation would be a violation of s. 948.20, Stats., if committed in this state, torture, chronic abuse and sexual abuse under s. 48.355(2d)(a)2. or 938.355(2d)(a)2., Stats.   [draft s. HFS 44.03(5)]

“Alcohol and other drug abuse impairment” means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.   [s. 48.02(1e); 938.02(1p)]

“Alcohol and other drug abuse services” means all of the following:

   (a)  Any alcohol or other drug abuse examination or assessment ordered by a court under s. 48.295(1).

   (b)  Any special treatment or care that relates to alcohol or other drug abuse services ordered by a court under s. 48.345(6)(a) or 48.347(4)(a).

   (c)  Any alcohol or other drug abuse treatment or education ordered by a court under s. 48.345(6)(a), (13) or (14) or 48.347(4)(a), (5) or (6)(a).   [s. 48.361(1)]

“Alcohol and other drug abuse services” means all of the following:

   (a)  Any alcohol or other drug abuse examination or assessment ordered under s. 938.295(1), 938.34(14s)(b)1., 938.343(10)(a) or 938.344(2g)(a)1.

   (b)  Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34(6)(a) or (am).

   (c)  Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32(1g) or 938.34(6)(a) or (am), (6r) or (14s)(b)1. or 2.   [s. 938.361(1)(a)]

“Alcoholic” means a person who is suffering from alcoholism.   [s. 51.01(1)]

“Alcoholism” is a disease which is characterized by the dependency of a person on the drug alcohol, to the extent that the person’s health is substantially impaired or endangered or his or her social or economic functioning is substantially disrupted.   [s. 51.01(1m)]

“Alcoholism” has the meaning given in s. 51.01(1m).   [s. 48.02(1m); s. 938.02(1m)]

“Alcohol or other drug abuse impairment” means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.   [s. 938.02(1p)]

“Alcohol and other drug abuse services” means all of the following:

   1.  Any alcohol or other drug abuse examination or assessment ordered under s. 938.295(1), 938.34(14s)(b)1., 938.343(10)(a) or 938.344(2g)(a)1.

   2.  Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34(6)(a) or (am).

   3.  Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32(1g) or 938.34(6)(a) or (am), (6r) or (14s)(b)1. or 2.   [s. 938.361(1)(a)]

“Allegation” means a charge or statement made by any party regarding a foster child or the child's family which is known to the agency and which has not been proven or for which there is no known substantiating evidence or support, but does not include:

   (a)  An interpretation of information made by a professional individual involved in the child's treatment;

   (b)  Any charge or statement which, in whole or in part, formed the basis for the child's removal from his or her home; or

   (c)  In the case of a delinquent, any additional charges read into the record at the time of adjudication.   [s. HFS 37.03(1)]

“Alternative education program” means an instructional program, approved by the school board, that utilizes successful alternative or adaptive school structures and teaching techniques and that is incorporated into existing, traditional classrooms or regularly scheduled curricular programs or that is offered in place of regularly scheduled curricular programs.  "Alternative education program" does not include a private school or a home-based private educational program.   [s. 115.28(7)(e)1.]

“Alternative school” means any nonsectarian private school or tribally operated school in this state which complies with the requirements of 42 USC 2000d and in which at least 75% of the pupils enrolled are American Indians.   [s. 115.71(1)

“Alternative school” means a public school that has at least 30 pupils and no more than 250 pupils, has a separate administrator or teacher in charge of the school and offers a nontraditional curriculum.   [s. 118.153(5)(a)1.]

“Ambulance service provider” means a person licensed  to engage in the business of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions providing health services..   [s. HFS 39.03(2)]

“American Indian” means any person who is:

   (a)  A member of a tribe, band or other organized group of Indians, including those tribes, bands or groups terminated since 1940, or who is a descendant in the first or 2^nd degree of any such member;

   (b)  Considered by the federal government, on May 22, 1980, to be an Indian for any purpose;

   (c)  An Eskimo, Aleut or other Alaska native; or

   (d)  Determined to be an Indian under rules promulgated by the state superintendent under s. 115.28(17)(c).   [s. 115.71(2)]

“American Indian” means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.   [s. 938.538(6m)(a)1.]

“Animal” includes every living:

   (a)  Warm-blooded creature, except a human being;

   (b)  Reptile; or

   (c)  Amphibian.   [s. 951.01(1)]

“Another jurisdiction” means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a federally recognized American Indian tribe or band.   [s. 48.825(1)(b)]

“Any alleged father” includes any male who has engaged in sexual intercourse with the child’s mother during a possible time of conception of the child.   [s. 767.45(5)(a)]

“Applicant” means the person or persons who apply for a license to operate a treatment foster home, for renewal of a license to operate a treatment foster home or for modification of a license to operate a treatment foster home.  [s. HFS 38.03(3)]

“Applicant” means a prospective adoptive family, whether a married couple or a single person, completing and signing a formal application for a home study by the department.   [s. HFS 51.03(4)]

“Applicant” means a person who applies for a license to operate a foster home, for renewal of a license to operate a foster home or for modification of a license to operate a foster home.   [s. HFS 56.03(1)]

“Applicant” means a child's relative who has applied to an agency to receive benefits under the kinship care or long-term kinship care program for the child for whom that relative is providing or will provide care in the relative's home.   [s. HFS 58.03(2)]

“Appropriate authority in the receiving state” means the department of health and family services.   [s. 48.989(1)(a)]

“Appropriate court” to issue a requisition under s. 938.991(4) is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department, any court so assigned in the state.   [s. 938.992(1)(a)]

“Appropriate court” to receive a requisition under s. 938.991(4) or (5) or 938.998 is the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is located.   [s. 938.992(1)(b)]

“Appropriate public authorities” means the department of health and family services, which shall receive and act with reference to notices required by s. 48.988(3).   [s. 48.989(1)(b)]

“Approved for placement” means the department has determined the applicant meets all eligibility criteria and is available for placement of a special needs child of the description recommended in the home study.   [s. HFS 51.03(6)]

“Approved treatment facility” means any publicly or privately operated treatment facility or unit thereof approved by the department for treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons.   [s. 51.01(2)]

“Approved treatment facility” has the meaning given in s. 51.01(2).   [s. 48.02(1s); s. 938.02(1)(s)]

“Assessment” means the systematic gathering and analysis of information describing the characteristics and needs of the child and the inter-relationships of the child with his or her family and other significant individuals and resources in schools and the community.   [s. HFS 38.03(4)]

“Assessment” means the process of gathering thorough relevant information for decision making and weighing the importance, significance and meaning of the information gathered.   [CPS Ongoing Services Standards and Practice Guidelines]

“Assessment of need for placement outside the home” means a comprehensive gathering and analysis of information about a child and the child’s family to determine, as appropriate, whether the following conditions exist:

   (a)  There are threats to the child’s safety and whether the threats can be controlled through the implementation of in-home services.

   (b)  A child’s special needs can be met through the implementation of in-home services.

   (c)  The community can be protected through the implementation of in-home services.   [draft s. HFS 44.03(6)]

“Assistive technology device” means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability.   [s. 115.76(1)]

“Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device, including all of the following:

   (a)  The evaluation of the needs of the child, including a functional evaluation of the child in the child's customary environment.

   (b)  Purchasing, leasing or otherwise providing for acquisition of assistive technology devices by the child.

   (c)  Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices.

   (d)  Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitative plans and programs.

   (e)  Training or technical assistance for the child or, where appropriate, the child's family.

   (f)  Training or technical assistance for professionals, including individuals providing education and rehabilitative services, employers or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of the child.   [s. 115.76(2)]

“At-risk of out-of-home placement” means one or more of the following conditions exist:   (a)  The child has been determined to be unsafe in the home.

   (b)  The child has special needs that the parent cannot meet or has difficulty meeting at home, including, but not limited to, medical or developmental disability needs, self-injurious behavior, or delinquent behavior.

   (c)  The child has demonstrated delinquent behavior that jeopardizes the safety or security of residents of the home or the community or their property.   [draft s. HFS 44.03(7)]

“Attending physician” means a physician licensed under Ch. 448 who has primary responsibility for the treatment and care of a parent who has filed a petition under sub. (2)(a) or made a written designation under sub. (3)(a) or, if more than one physician has responsibility for the treatment and care of that parent, if a physician is acting on behalf of a physician who has primary responsibility for the treatment and care of that parent or if no physician is responsible for the treatment and care of that parent, "attending physician" means any physician licensed under Ch. 448 who is familiar with the medical condition of that parent.   [s. 48.978(1)(a)]

“Autism” means a developmental disability significantly affecting a child's social interaction and verbal and nonverbal communication, generally evident before age 3, that adversely affects learning and educational performance.  Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.  The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in sub. (7).   [s. PI 11.36(8)]

-B-

“Background information disclosure form” means the Department’s form, HFS 64, on which a person provides certain information concerning the person’s background.   [s. HFS 12.03(3)]

“Bar” means, as a noun, that a person is not permitted to receive regulatory approval, or be employed as a caregiver by or under contract with an entity, or to reside as a nonclient at an entity.   [s. HFS 12.03(4)

“Basement” has the meaning prescribed in s. Comm 20.07(8), namely, that level below the first or ground floor level with its entire floor below exit discharge grade.   [s. HFS 56.03(2)]

“Basic intake training” means 30 hours of department approved training required under s. 938.06(1)(am) and (2)(b), Stats., which includes 90 minutes for a test at the conclusion of the instruction and may include up to 4 hours of child abuse and neglect training approved by the department.   [s. HFS 399.03(2)]

“Basic maintenance payment” means an age-related foster care payment established by s. 48.62(4), Stats., to reimburse a foster parent for the cost of a foster child’s food, clothing, housing, basic transportation and personal items.   [s. HFS 56.03(3)]

“Basic maintenance rate” means a fixed monthly payment for the usual and customary costs incurred in caring for a foster child (including food, clothing, shelter, personal care, transportation, recreation) as determined solely by the age of the child.  This rate is established biennially by the Wisconsin Legislature.   [UFCR]

“Basic needs” means shelter, food and clothing.  This includes both a lack of such resources and the lack of capacity to use such resources if they were available.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Behavioral records” means those pupil records which include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, law enforcement officers' records obtained under s. 48.396(1) or 938.396(1) or (1m) and any other pupil records that are not progress records.   [s. 118.125(1)(a)]

“Behavior management and control” means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident’s behavior which threatens harm to the resident or others or to property and which promote positive behavioral or functional change fostering resident self-control.   [s. HFS 52.42(1)(a)]

“Bilingual-bicultural education program” means a program designed to improve the comprehension and speaking, reading and writing ability of a limited-English proficient pupil in the English language, so that the pupil will be able to perform ordinary classwork in English.   [s. 115.955(2)]

“Biopsychosocial assessment” means, for a child with a serious emotional disturbance, the assessment of the child’s disability, measurement of the behavioral and cognitive correlates of the disability, assessment of how psychosocial and environmental factors influence how the child copes with the disability, a review of biological factors that affect the disability and an identification of possible treatments for the disability.   [s. HFS 38.03(5)]

“Birth parent” means either:

   1.  The mother designated on the individual’s or adoptee’s original birth certificate.

   2.  One of the following:

   a.  The adjudicated father.

   b.  If there is no adjudicated father, the husband of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.60.   [s. 48.432(1)(am); relates only to this section and to other sections as indicated]

“Birth parent” means either the mother designated on the adopted person’s original birth certificate or the adjudicated father or, if there is no adjudicated father, the husband of the mother at the time of the adopted person’s conception, birth or subsequent legitimation, whose rights to the adopted person have been terminated in this state or who consented to the adoption of his or her child before February 1, 1982.   [s. 53.01(2)(g)]

“Birth relatives” means the adopted person’s birth parents, grandparents, aunts, uncles, brothers and sisters.   [s. HFS 53.01(2)(h)]

“Black” means a person whose ancestors originated in any of the black racial groups of Africa.   [s. 938.538(6m)(a)2.]

“Board of directors” means the policy-making body which governs a child welfare agency.   [s. HFS 54.01(4)(a)]

“Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.   [s. 939.22(4)]

“Body cavity search” means a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.   [s. HFS 94.02(1)]

“Body search” means a personal search, a strip search or a body cavity search of a patient.   [s. HFS 94.02(2)]

“Brain injury” means any injury to the brain, regardless of age at onset, whether mechanical or infectious in origin, including brain trauma, brain damage and traumatic head injury, the results of which are expected to continue indefinitely, which constitutes a substantial handicap to the individual, and which directly results in any 2 or more of the following:

   1.  Attention impairment.

   2.  Cognition impairment.

   3.  Language impairment.

   4.  Memory impairment.

   5.  Conduct disorder.

   6.  Motor disorder.

   7.  Any other neurological dysfunction.   [s. 51.01(2g)(a)]

“Breathes” means draws air into and expels it out of the lungs one or more times.   [s. 990.01(19j)(a)]

-C-

“Capable of indicating intent” means perform any action beyond providing basic information concerning the availability of services, facilities or programs in a county to an individual or the individual’s family.   [s. 51.40(1)(c)]

“Caregiver” means any of the following:

   a.  A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of the entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.

   b.  A person who has, or is seeking, a license, certification or contract to operate an entity.

   2.  “Caregiver” does not include a person who is certified as an emergency medical technician under s. 146.50 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under s. 146.50 if the person is employed, or seeking employment, as a first responder.  [s. 48.685(1)(ag)]

“Caregiver” means, with respect to a child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect, any of the following persons:

   1.  The child’s parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother or half sister.

   2.  The child’s guardian.

   3.  The child’s legal custodian.

   4.  A person who resides or has resided regularly or intermittently in the same dwelling as the child.

   5.  An employee of a residential facility or residential care center for children and youth in which the child was or is placed.

   6.  A person who provides or has provided care for the child in or outside of the child’s home.

   7.  Any other person who exercises or has exercised temporary or permanent control over the child or who temporarily or permanently supervises or has supervised the child.

   8.  Any relative of the child other than a relative specified in subd. 1.  [s. 48.981(1)(am)]

“Caretaker” means an employe of a group home who provides care and supervision of the foster children in the home on a regularly scheduled full-time or part-time basis.   [s. HFS 57.02(1)]

“Case”, other than when used in the term "case management services", means a family or person who meets all of the following criteria:

   1.  The family or person is any of the following:

   a.  A family or person who has been the subject of a report under s. 48.981 and with respect to whom the individual making the investigation or the intake worker assigned to the family or person has determined that all of the conditions in subd. 2. exist.

   b.  An Indian child who has been the subject of a report under s. 48.981about which an Indian tribe that has received a grant under this section has received notice, including but not limited to notice provided to a tribal agent under s. 48.981(3)(bm), and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in subd. 2. exist.

   c.  A family that includes a person who has contacted a county department, as defined in s. 48.02(2g), or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

   2.  The family or person has been determined to meet all of the following conditions:

   a.  There is a substantial risk of future abuse or neglect of a child in the family if assistance is not provided.

   b.  The child and the child's parent or the person primarily responsible for the child's care are willing to cooperate with an informal plan of support and services.

   c.  It does not appear that a petition will be filed under s. 48.25 alleging that a child in the family is in need of protection or services under s. 48.13 and, if an Indian child is involved, it also does not appear that there will be a similar proceeding in tribal court relating to abuse or neglect of the Indian child.   [s. 46.515(1)(b)]

“Case evaluation” means a comprehensive assessment of family progress toward achieving goals and reaching outcomes, the effectiveness of services and providers, the appropriateness of the case plan, the quality of the relationship between the worker and family, and the family's progress toward establishing a safe environment for a child.   [draft s. HFS 44.03(8); CPS Ongoing Services Standards and Practice Guidelines]

“Case involving a dependent child” means an action which meets all of the following criteria:

   1.  Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25(1), 767.51(3) or 767.62(4).

   2.  The child’s right to support is assigned to the state under s. 48.57(3m)(b)2. or (3n)(b)2. or 49.19(4)(h)1.b.

   3.  The child has been deprived of parental support by reason of the continued absence of a parent from the home.   [s. 767.078(1)(a)]

“Case management” means an assessment of need for direct services, development of a direct service plan and coordination and monitoring of the provision of direct services.   [s. 46.90(1)(ar)]

“Case management” means the functions of the case manager which include

   (a)  Supervision of a child’s treatment and permanency plans.

   (b)  Coordination of provided or purchased services for the child and his or her family.

   (c)  Liaison activities with other agencies and the court.

   (d)  Development and coordination of the treatment team.

   (e)  Effective decision-making regarding all aspects of the case.

   (f)  Development, with the treatment team, of interventions and services when appropriate interventions and services are not available through existing resources.

   (g)  Provision of ongoing education to foster parents, schools and communities on the needs of children in treatment foster care.

   (h)  Consultation on a 24-hour per day basis.

   (i)  Involving previous and current providers of care and treatment in developing and implementing the treatment and permanency plans for purposes of service continuity.   [s. HFS 38.03(6)]

“Case management” means performance by the caseworker of all of the following functions:

   (a)  Assessment of and goal setting with children and their families.

   (b) Ongoing supervision of a child’s case plan and permanency plan and, if applicable, concurrent  permanency plan.

   (c) Coordination of provided or purchased services for the child and his or her family.

   (d) Liaison activities with other agencies and the court.

   (e) Development and coordination of any treatment or service team.

   (f) Subject to decisions of the court and after consultation with any treatment or service team members, and, if appropriate, tribe, decision-making regarding all aspects of the case.

   (g) Development, with any agency, treatment or service team, of interventions and services when appropriate interventions and services are not available through existing resources.

   (h)  Case progress evaluation.   [draft s. HFS 44.03(9)]

“Case management” means the functions which ensure that an individualized case plan and a written service agreement are developed for a youth and that services are provided in accordance with the plan in a timely, effective and coordinated manner.   [s. DOC 397.03(2)]

“Case management services” means activities carried out by a service coordinator to assist and enable a child eligible for early intervention services under this section and the child’s family to receive the rights and services authorized to be provided under the early intervention program under this section.   [s. 51.44(1)(ag)]

“Case manager” means an employee of a lead agency who has case management responsibility for a youth.   [s. DOC 397.03(3)]

“Case plan” means a written document which includes at least the following:

   (A)  A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 472(a)(1).

   (B)  A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate return of the child to his own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan.

   (C)  To the extent available and accessible, the health and education records of the child, including --

   (i)  the names and addresses of the child's health and educational providers;

   (ii)  the child's grade level performance;

   (iii)  the child's school record;

   (iv)  assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;

   (v)  a record of the child's immunizations;

   (vi)  the child's known medical problems;

   (vii)  the child's medications; and

   (viii)  any other relevant health and education information concerning the child determined to be appropriate by the State agency.

   (D)  Where appropriate, for a child age 16 or over, a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.

   (E)  In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement, and to finalize the adoption or legal guardianship.  At a minimum, such documentation shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems.   [42 USC 675(a)(1)(E)]

“Case plan” means a written document which includes, in part: a description of the child's placement; a discussion of the safety and appropriateness of the placement; a plan for ensuring that the child and family receive services designed to facilitate the return of the child to a safe home or to another permanent placement; the health and educational records of the child; when appropriate, a description of the programs and services which will facilitate the child's transition from foster care to independent living; and, documentation of the steps to place the child in a permanent living arrangement.   [Federal Comment on s. 45 CFR 1356.21(g)]

“Case plan” means a comprehensive strategy that, because of its structured, focused, and respectful involvement of parents and other family members early in the planning process, is designed to achieve the change identified in a family engagement and assessment process and to identify the treatment services to be provided to the family, and which includes an identification of behavioral and measurable outcomes and goals, coordinated services, and providers, and a description of the frequency of contacts and timeframes needed to accomplish the goals and outcomes, and the roles and responsibilities of all providers and participants in this strategy.   [draft s. HFS 44.03(10)]

“Case plan” means the service plan for the child and family, of which the permanency plan is a part.   [s. HFS 56.03(4)]

“Case plan” means a comprehensive strategy designed to achieve the change identified in a family assessment and engagement process and to identify the treatment services to be provided to the family.  A case plan includes an identification of integrated behavioral and measurable outcomes and goals, services and providers.  The case plan also includes a description of the frequency of contacts and timeframes needed to accomplish the goals and outcomes, and the roles and responsibilities of all providers and participants.   [CPS Ongoing Services Standards and Practice Guidelines]

“Case progress evaluation” means a comprehensive assessment of family progress toward achieving goals and reaching outcomes, the effectiveness of services and providers, the appropriateness of the case plan, the quality of the relationship between the caseworker and family, and the family’s progress toward establishing a safe and secure environment for the child and the community.   [draft s. HFS 44.03(8)]

“Case review system” means a procedure for assuring that --

   (A)  each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child which --

   (i)  if the child has been placed in a family foster home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is located, sets forth the reasons why such placement is in the best interests of the child, and

   (ii)  if the child has been placed in foster care outside the State in which the home of the parents of the child is located, requires that, periodically, but not less frequently than every 12 months, a caseworker on the staff of the State agency of the State in which the home of the parents of the child is located, or of the State in which the child has been placed, visit such child in such home or institution and submit a report on such visit to the State agency of the State in which the home of the parents of the child is located,

   (B)  the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship,

   (C)  with respect to each such child, procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a permanency hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the State court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement and, in the case of a child described in subparagraph (A)(ii), whether the out-of-state placement continues to be appropriate and in the best interests of the child, and, in the case of a child who has attained the age of 16, the services needed to assist the child to make the transition from foster care to independent living; and procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;

   (D)  a child's health and education record (as described in paragraph (1)(A)) is reviewed and updated, and supplied to the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care;

   (E)  in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless --

   (i)  at the option of the State, the child is being cared for by a relative;

   (ii)  a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or

   (iii)  the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's home, if reasonable efforts of the type described in section 471(a)(15)(B)(ii) are required to be made with respect to the child;

   (F)  a child shall be considered to have entered foster care on the earlier of --

   (i)  the date of the first judicial finding that the child has been subjected to abuse or neglect; or

   (ii)  the date that is 60 days after the date on which the child is removed from the home; and

   (G)  the foster parents (if any) of a child and any preadoptive parent or relative providing care for the child are provided with notice of, and an opportunity to be heard in, any review or hearing to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard.   [42 USC 675(a)(5)]

“Caseworker” means the social worker or other professional staff person, under ss. 48.067, 48.069, 938.067, and 938.069, Stats., assigned by the agency to provide general case supervision, to make child removal and placement decisions and to provide case management for a child under the care or supervision of the agency.   [draft s. HFS 44.03(11)]

“Center” means a residential care center for children and youth.   [s. HFS 52.03(2)]

“Centralized birth record file” means the file established by the department containing affidavits, medical and genetic information, birth parent identity and location and other information received by the department which pertains to the birth family and the adopted person.   [s. HFS 53.01(2)(i)]

“Certificate of general educational development” means the certificate granted to a person who has achieved a passing score on the general educational development test.   [s. PI 5.02(1)]

“CESA” means a cooperative educational service agency under Ch. 116, Stats.   [s. PI 19.02(2)]

“Child” means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child” does not include a person who has attained 17 years of age.   [s. 48.02(2)]

“Child” means a person under 18 years of age or a person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.  [s. 48.57(3m)(a)1. and s. 48.57(3n)(a)1.]

“Child” [for purposes of Ch. 48, Subchapter XIV] means a person under 18 years of age and also includes, for purposes of counting the number of children for whom a foster home, treatment foster home, or group home may provide care and maintenance, a person 18 years of age or over, but under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home, treatment foster home, or group home immediately prior to his or her 18^th birthday, and who continues to reside in that foster home, treatment foster home, or group home.   [s. 48.619]

“Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.   [s. 48.988(2)(a)]

“Child” means any person who i