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 is at least 3 years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school.   [s. 115.76(3)]

“Child” means a human being from the time of fertilization until it is completely delivered from a pregnant woman.   [s. 940.16(1)(a)]

“Child” means a person who has not attained the age of 18 years.   [s. 941.38(1)(a)]

“Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.   [s. 948.01(1)]

“Child” means a person who has not attained the age of 14 years.   [s. 948.55(1)]

“Child” means a person under 18 years of age or a person who is over the age of 18 but who remains under the jurisdiction of the juvenile court.   [s. HFS 38.03(7)]

“Child” means a person who is under the age of 18, or a person over age 18 who is enrolled full-time in a high school program or its vocational or technical equivalent and is expected to graduate by age 19, who remains under the jurisdiction of the juvenile court or who is being provided services by a child welfare or juvenile justice agency and who is in out-of-home care or at risk of being placed in out-of-home care.  For purposes of this chapter, "child" includes a "juvenile" as defined in s. 938.02(10m), Stats.   [draft s. HFS 44.03(12)]

“Child” means a person under 18 years of age.   [s. HFS 50.01(4)(h); s. HFS 54.01(4)(b); s. HFS 57.02(2)]

“Child” means a person under 18 years of age or a person age 18 or older who remains under the jurisdiction of the juvenile court.   [s. HFS 56.03(5)]

“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. HFS 58.03(3)]

“Child” means an individual who (A) is not married, and (B) has not attained 18 years of age.  (ICP)

“Child” means an individual under 18 years of age, and refers both to a child placed for shelter care and to any other individual under 18 years of age living in the shelter care facility.   [s. HFS 59.02(1)]

“Child abuse” includes but is not limited to:

  (A) any case in which--

(i)  a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and

(ii)  such condition is not justifiably explained or may not be the product of an accidental occurrence; and

(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution.  (ICP)

“Child at high risk” means a child in the guardianship of an adoption agency who does not have a known special need under s. HFS 50.03(1)(b)1., 2., 3. or 4. but who is at high risk of developing a moderate or intensive level of special needs under s. HFS 50.03(1)(b)3. based on one or more of the following:

   1.  There is documented information that either or both birth parents have a medical diagnosis or medical history which could result in a condition for the child described in s. HFS 50.03(1)(b)3. at a later time.

   2.  The child has experienced 4 or more placements with extended family or foster homes that could affect the normal attachment process.

   3.  The child experienced neglect in the first 3 years of life or sustained physical injury or physical disease that could have a long-term effect on physical, emotional or intellectual development.

   4.  There is documented evidence in a medical or hospital record, law enforcement record, social or human service department record, court record, or a record of an agency under a contract with a county department or the department to provide child welfare services that the birth mother used harmful drugs or alcohol during pregnancy which could later result in the child developing special needs as described in s. HFS 50.03(1)(b)3.

   5.  There is documented evidence in a medical or hospital record that the birth mother received inappropriate prenatal care which could later result in the child developing special needs as described in s. HFS 50.03(1)(b)3.   [s. HFS 50.01(4)(j)]

“Child care institution” means a private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.   [42 USC 672(c)(2)]

“Child care institution” means a private child care institution, or a public child care institution which accommodates no more than twenty-five children, and is licensed by the State in which it is situated or has been approved by the agency of such State or tribal licensing authority (with respect to child care institutions on or near Indian Reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing.  This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.   [s. 45 CFR 1355.20(a)]

“Child custody proceedings” has the meaning prescribed in the Indian Child Welfare Act, 25 USC 1903(1), and as provided in that act includes foster care placements, termination of parental rights proceedings, pre-adoptive placements and adoptive placements.   [s. HFS 54.01(4)(c)]

“Child custody proceeding” means “foster care placement,” “termination of parental rights,” “preadoptive placement,” “adoptive placement.”   [Indian Child Welfare Act (ICWA)]

“Child in need of protection or services” or “CHIPS” means a child who is subject to the jurisdiction of the court under s. 48.13, Stats.   [draft s. HFS 44.03(14)]

“Child neglect” includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.   (ICP)

“Child placing agency” or “placing agency” means any agency that is required to be licensed under s. 48.60, Stats., and Ch. HFS 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, or a county department with powers and duties as defined under s. 48.57, Stats., the department or the Wisconsin department of corrections or any other lawful placement authority.   [s. HFS 52.03(3)]

“Child-placing agency” means a child welfare agency licensed to place children in licensed family foster homes and licensed group homes.   [s. HFS 54.01(4)(d)]

“Children at risk” means pupils in grades 5 to 12 who are at risk of not graduating from high school because they are dropouts or are 2 or more of the following:

   1m.  One or more years behind their age group in the number of high school credits attained.

   2.  Two or more years behind their age group in basic skill levels.

   2m.  Habitual truants, as defined in s. 118.16(1)(a).

   3.  Parents.

   4.  Adjudicated delinquents.

   5.  Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30(1m)(am)1. was below the basic level, 8^th grade pupils who failed the examination administered under s. 118.30(1m)(am)2., and 8^th grade pupils who failed to be promoted to the 9^th grade.   [s. 118.153(1)(a)]

“Child's family” means, unless otherwise indicated, the child's biological or adoptive family.   [s. HFS 37.03(4)]

“Child’s record” means the paper or electronic file maintained by an agency on a child which includes materials regarding the child and the child’s family required to make certain that the case is managed and that there is compliance with all statutory requirements, the requirements of this chapter and any other applicable state, federal, or agency policies.   [draft s. HFS 44.03(15)]

“Child support” means an amount which a person is ordered to provide for support of a child by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90.   [s. 948.22(1)(a)]

“Child support agency” has the meaning given in ch. DWD 15.   [s. HFS 58.03(4); s. HFS 59.03(4)]

“Child welfare agency” means any person required to be licensed under s.48.60, Stats.    [s. HFS 54.01(4)(e)]

“Child welfare agency” means an agency licensed under s.48.60, Stats.   [s. HFS 57.02(3)]

“Child welfare services” means public social services which are directed toward the accomplishment of the following purposes:

   (A)  protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children;

   (B)  preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children;

   (C)  preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible;

   (D)  restoring to their families children who have been removed, by the provision of services to the child and the families;

   (E)  placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and

   (F)  assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.   [42 USC 625(a)(1)]

“Child with a disability” means a child who, by reason of any of the following, needs special education and related services:

   1.  Cognitive disabilities.

   2.  Hearing impairments.

   3.  Speech or language impairments.

   4.  Visual impairments.

   5.  Emotional disturbance.

   6.  Orthopedic impairments.

   7.  Autism.

   8.  Traumatic brain injury.

   9.  Other health impairments.

10.     Learning disabilities.

   “Child with a disability” may, at the discretion of the local educational agency and consistent with department rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services.   [s. 115.76(5)]

“Child with severe disabilities” means an individual who has not attained 18 years of age and whose mental, physical, sensory, behavioral, emotional or developmental disabilities, or whose combination of multiple disabilities meets all of the following conditions:

   1.  Is severe in degree.

   2.  Has persisted for at least one year or is expected to persist for at least one year.

   3.  Causes substantial limitations in the child's ability to function in the family, the school or the community and with the child's ability to cope with the ordinary demands of life.

   4.  Causes the child to need services from 2 or more service systems.   [s. 46.56(1)(c)]

“Chronic mental illness” means a mental illness which is severe in degree and persistent in duration, which causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, which may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support and which may be of lifelong duration.  “Chronic mental illness” includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include infirmities of aging or a primary diagnosis of mental retardation or of alcohol or drug dependence.   [s. 51.01(3g)]

“Client” means a child who receives direct care or treatment services from an entity.   [s. 48.685(1)(am)]

“Client” means a person who receives direct care or treatment services from an entity.  For the purposes of this chapter, “client” includes an adopted child for whom an adoption assistance payment is being made under s. 48.975, Stats.   [s. HFS 12.03(6)]

“Clinical consultant” means an individual with at least a master’s degree in social work, psychology or child development with a minimum of 2 years of experience working with seriously disturbed adolescents and who is knowledgeable about the neurological, biological and psychiatric components of emotional disturbances.  [s. HFS 38.03(8)]

“Close the application process” means the department discontinues services to an applicant for the reasons given in s. HSS 51.07(3).   [s. HFS 51.03(8)]

“Coerce” means to force to act or think in a given manner or to compel by pressure or threat.   [s. HFS 39.03(5)]

“Cognitive disability” means significantly subaverage intellectual functioning that exists concurrently with deficits in adaptive behavior and that adversely affects educational performance.   [s. PI 11.36(1)(a)]

“Community-based organization” means a private nonprofit organization which is representative of a community or a significant segment of a community and which provides educational and job training services.   [s. PI 5.02(3)]

“Community living arrangement” means any of the following facilities licensed or operated, or permitted under the authority of the department: child welfare agencies under s. 48.60, group homes for children under s. 48.02(7) and community-based residential facilities under s. 50.01; but does not include adult family homes, as defined in s. 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails.   [s. 46.03(22)(a)]

“Community placement” means probation; extended supervision, parole; aftercare; conditional transfer into the community under s. 51.35(1); conditional transfer or discharge under s. 51.37(9); placement in a Type 2 child caring institution or a Type 2 secured correctional facility authorized under s. 938.539(5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program under s.928.533, the intensive supervision program under s. 938.534 or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46. 215, 46.22, 46.23, 51.42 or 51.437 or any other person under contract with the department of corrections, the department of health and family services, a county department under s. 46. 215, 46.22, 46.23, 51.42 or 51.437 to exercise custody or supervision over the offender.  [s. 48.981(1)(b)]

“Community placement” means a living situation which is arranged with the assistance of a case manager or service coordinator or a person or agency performing tasks similar to those performed by a case manager or service coordinator and which is either a residential setting that is directed and controlled by the individual or his or her guardian or a place licensed or certified as a residential care facility or care home for either adults or children by representatives of the state or county government pursuant to a comprehensive individualized plan of care or service.    [s. HFS 94.02(6)]

“Complete bathroom” means a bathroom with at least one toilet, one sink, and one tub or shower.   [s. HFS 56.03(6)]

“Completed application” means a document that includes all of the information, required by an agency under s. 48.57, Stats., and this chapter, that an agency requires to make a decision as to whether or not the criteria for eligibility are met and whether or not a payment may be made.  A "completed application" does not include the information obtained in response to a criminal background check.   [s. HFS 58.03(5)]

“Concurrent permanence goal” means a goal for a child that is simultaneously developed and implemented, in whole or in part, while reasonable efforts to achieve the primary permanence goal are ongoing.  The appropriateness of developing or implementing a concurrent permanence goal is determined on an individual case basis in conjunction with the court.   [draft s. HFS 44.03(16)]

“Concurrent permanency planning” means that, while emphasizing provision of reasonable efforts to reunify the family, a plan for an alternative to reunification in a permanent, safe, and stable placement is simultaneously established.  "Concurrent permanency planning" is designed to both expedite family reunification, when possible, and to assure an alternative placement if reunification cannot be achieved.   [draft s. HFS 44.03(17)]

“Consent”, as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact.  Consent is not an issue in alleged violations of sub. (2)(c), (cm), (d), (g), (h) and (i).  The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11(2):

   (b)  A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.

   (c)  A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.   [s. 940.225(4)]

“Constructive removal” or “paper removal”, when the agency has obtained legal responsibility for the child and the agency did not physically remove the child from the home of a specified relative, but the child lived with a specified relative within six months prior to the eligibility month.   [IV-E Policy Manual]

“Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.  [s. 48.685(1)(ar)]

“Contrary to the welfare of the child” means a judicial finding that must be included in the first court order authorizing the removal of the child from his or her home.   [draft s. HFS 44.03(18)]

“Controlled substance” has the meaning given in s. 961.01(4).   [s. 48.02(2d); s. 938.02(2d)]

“Controlled substance” means a drug, substance or immediate precursor included in schedules I to V of subch. II.   [s. 961.01(4)]

“Controlled substance analog” has the meaning given in s. 961.01(4m).   [s. 48.02(2e); s. 938.02(2e)]

“Controlled substance analog” means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:

   1.  Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or

   2.  With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

   (b)  “Controlled substance analog” does not include:

   1.  A controlled substance;

   2.  A substance for which there is an approved new drug application;

   3.  A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355 to the extent that conduct with respect to the substance is permitted by the exemption; or

   4.  Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.   [s. 961.01(4m)]

“Coordinated service team” means the group appointed by the agency primarily responsible for providing services to the child and the child’s family to assess the child and family, define the services and any treatment to be provided, develop and implement the case plan, and evaluate the child’s and his or her family’s progress toward achieving established measurable and behavioral goals and objectives and which consists of the child’s caseworker, the child’s foster parent or the operator of the facility where the child is living, the child’s parent or guardian, the child, if capable, a representative of the child’s tribe, and any other individuals deemed appropriate by the agency or court, such as, but not limited to, the family’s informal supports, service providers, school personnel, law enforcement staff, and health care providers who are brought together for the purpose of coordinating efforts to achieve the permanence goal.   [draft s. HFS 44.03(19)]

“Coordinated service team” means the group appointed by the agency primarily responsible for providing services to the child and family to:

·         assess a child and his or her family

·         define the services and any treatment

·         develop and implement the case plan

·         evaluate the child's and his or her family's progress toward achieving established measurable and behavioral goals and objectives   [CPS Ongoing Services Standards and Practice Guidelines]

“Corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline.  "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline.  "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.   [s. 118.31(1)]

“Corporation-operated group home” means a home for which the licensee is a non-profit or proprietary corporation which operates one or more group homes.   [s. HFS 57.02(8)(a)]

“Correctional institution” means a jail or correctional facility, as defined in s. 961.01(12m), a secured correctional facility, as defined in s. 938.02(15m), or a secure detention facility, as defined in s. 938.02(16).   [s. 940.225(5)(ab)]

“Correctional officer” means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.   [s. 941.237(1)(b)]

“Correctional staff member” means an individual who works at a correctional institution, including a volunteer.   [s. 940.225(5)(ad)]

“Counsel” means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in the same proceeding.   [s. 48.23(1g)]

“Counsel” means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem for any party in the same proceeding.   [s. 938.23(1g)]

“Counselor” means a physician including a physician specializing in psychiatry, a licensed psychologist, as defined in s. 455.01(4), or an ordained member of the clergy.  "Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.   [s. 48.375(2)(c)]

“Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.   [ s. 961.01(5)]

“Court”, when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and Ch. 938.   [s. 48.02(2m)]

“Court”, notwithstanding s. 48.02(2m), means any circuit court within this state.   [s. 48.355(2)(d)]

“Court”, when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and Ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17(2), a municipal court.   [s. 938.02(2m)]

“Court” means any court having jurisdiction over delinquent, neglected or dependent children.   [s. 938.991(3)(a)]

“Court intake worker” means any person designated to provide intake services under s. 48.067.   [s. 48.02(3)]

“Court intake worker” means any person designated to provide intake services under s. 938.067.  [s. 938.02(3)]

“Court order” means a lawful order of a court of competent jurisdiction.   [s. HFS 94.02(9)]

“Criminal background check” means the background check under s. 48.57(3p), Stats.   [s. HFS 58.03(6)]

“Criminal gang” means an ongoing organization, association or group of 3 or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in s. 939.22(21)(a) to (s); that has a common name or common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.   [s. 939.22(9)]

“Criminal gang activity” means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members:

   1.  Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 961.41(1).

   2.  First-degree intentional homicide, as prohibited in s. 940.01.

   3.  Second-degree intentional homicide, as prohibited in s. 940.05.

   4.  Battery, as prohibited in s. 940.19 or 940.195.

   5.  Battery, special circumstances, as prohibited in s. 940.20.

   5m.  Battery or threat to witness, as prohibited in s. 940.201.

   6.  Mayhem, as prohibited in s. 940.21.

   7.  Sexual assault, as prohibited in s. 940.225.

   8.  False imprisonment, as prohibited in s. 940.30.

   9.  Taking hostages, as prohibited in s. 940.305.

   10.  Kidnapping, as prohibited in s. 940.31.

   11.  Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

   12.  Intimidation of victims, as prohibited in s. 940.44 or 940.45.

   13.  Criminal damage to property, as prohibited in s. 943.01.

   13m.  Criminal damage to or threat to criminally damage the property of a witness, as prohibited in s. 943.011 or 943.017(2m).

   14.  Arson of buildings or damage by explosives, as prohibited in s. 943.02.

   15.  Burglary, as prohibited in s. 943.10.

   16.  Theft, as prohibited in s. 943.20.

   17.  Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner’s consent; as prohibited in s. 943.23.

   18.  Robbery, as prohibited in s. 943.32.

   19.  Sexual assault of a child, as prohibited in s. 948.02.

   20.  Repeated acts of sexual assault of the same child, as prohibited in s. 948.025.   [s. 941.38(1)(b)]

“Criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of ss. 940.08(2), 940.10(2) and 940.24 (2), “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another.   [s. 939.25(1)]

“Criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, except that for purposes of ss. 940.02(1m), 940.06(2) and 940.23(1)(b) and (2)(b), “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another and the actor is aware of that risk.   [s. 939.24(1)]

“Cruel” means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.   [s. 951.01(2)]

“CTW” means a contrary to welfare judicial finding.   [IV-E Policy Manual]

“Cultural competency” means the ability of an individual or private agency to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or private agency and persons of various cultures who provide services for the individual or private agency.   [s. 46.997(1)(ad)]

“Culturally competent” means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures.   [s. 46.515(1)(cm)]

“Cultural competency” means the ability of an individual or organization to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.   [s. 48.982(1)(bm)]

“Custodial parent” means a parent who lives with his or her child for substantial periods of time.   [s. 767.295(1)]

“Custody” means physical custody of a child by the child's parent not in violation of a custody order issued by a court.  "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.   [s. 48.835(1)]

“Custody” means having the physical person of a newborn in the absence of a court order granting physical or legal custody to a physical custodian.   [s. HFS 39.03(7)]

-D-

“Daily supervision” for which foster care maintenance payments may be made includes:

   (1)  Foster family care -- licensed child care, when work responsibilities preclude foster parents from being at home when the child for whom they have care and responsibility in foster care is not in school, licensed child care when the foster parent is required to participate, without the child, in activities associated with parenting a child in foster care that are beyond the scope of ordinary parental duties, such as attendance at administrative or judicial reviews, case conferences, or foster parent training.  Payments to cover these costs may be: included in the basic foster care maintenance payment; a separate payment to the foster parent, or a separate payment to the child care provider; and

   (2)  Child care institutions -- routine day-to-day direction and arrangements to ensure the well-being and safety of the child.   [s. 45 CFR 1355.20(a)]

“Dangerous weapon” means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295(4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.   [s. 939.22(10)]

“Dangerous weapon” means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295(4); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.   [s. 948.60(1)]

“Dangerous weapon” has the meaning specified in s. 939.22(10), except “dangerous weapon” does not include any firearm and does include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.   [s. 948.61(1)(a)]

“Dangerous weapon” means any firearm, any device designed as a weapon and capable of producing death or great bodily harm, any electric device designed to immobilize or incapacitate persons by the use of electric current, any spray device designed to immobilize or incapacitate persons by the use of chemicals or other liquids or gases or any other device or instrument that is calculated or likely to produce death or great bodily harm.   [s. HFS 56.03(8)]

“Date a child is considered to have entered foster care” means the earlier of: The date of the first judicial finding that the child has been subjected to child abuse or neglect; or, the date that is 60 calendar days after the date on which the child is removed from the home pursuant to s. 1356.21(k).  A State may use a date earlier than that required in this paragraph, such as the date the child is physically removed from the home.  This definition determines the date used in calculating all time period requirements for the periodic reviews, permanency hearings, and termination of parental rights provision in section 475(5) of the Act and for providing time-limited reunification services described at section 431(a)(7) of the Act.  The definition has no relationship to establishing initial title IV-E eligibility.   [s. 45 CFR 1355.20(a)]

“Debilitation” means a person's chronic and substantial inability, as a result of a physical illness, disease, impairment or injury, to care for his or her child.   [s. 48.978(1)(b)]

“Delinquent” means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01(1), as specified in s. 938.355(6g).   [s. 938.02(3m)]

“Delinquent” means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18, and 938.183, Stats., or who has committed a contempt of court, as defined in s. 785.01(1), Stats., as specified in s. 938.355(6g), Stats.   [draft s. HFS 44.03(22)]

“Delinquent juvenile” means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court.   [s. 938.991(3)(b)]

“Delinquent juvenile”, notwithstanding s. 938.991(3)(b), does not include a person subject to an order under s. 48.366 who is confined to a state prison under s. 302.01 or a person subject to an order under s. 938.34(4h) who is 17 years of age or over.   [s. 938.992(3)]

“Deliver” or “delivery”, unless the context otherwise requires, means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is any agency relationship.   [s. 961.01(6)]

“Department exceptions panel” or “exceptions panel” means the group authorized to grant exceptions under s. HFS 56.02(2) to nonstatutory requirements of this chapter.   [s. HFS 56.03(10)]

“Dependent child” means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who meets all of the following conditions:

(a)  The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22 or 46.23, by the department, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22 or 46.23.

(b)  The child would qualify for aid under s. 49.19, 1993 stats.   [s. 46.261(1)]

“Deprivation” means a child must be deprived of the care and support of one or both parents as a result of death, physical or mental incapacity, continued involuntary absence (e.g., due to incarceration) or voluntary absence (e.g., due to divorce or separation) from the home where the child resides, underemployment or unemployment of the primary wage earner, or AFDC-relatedness in the eligibility month.   [IV-E Policy Manual]

“Developmental disability” means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual.  “Developmental disability” does not include senility which is primarily caused by the process of aging or the infirmities of aging.               [s. 51.01(5)(a)]

“Developmental disability” means a severe, chronic disability of a person that is characterized by all of the following:

   1.  Is attributable to a mental or physical impairment or a combination of a mental and a physical impairment.

   2.  Is manifested before the person has attained the age of 22.

   3.  Is likely to continue indefinitely.

   4.  Results in substantial functional limitation in at least 3 of the following areas of major life activity:

   a.  Self-care.

   b.  Receptive and expressive language.

   c.  Learning.

   d.  Mobility.

   e.  Self-direction.

   f.  Capacity for independent living.

   g.  Economic self-sufficiency.

   5.  Requires a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of life-long or extended duration and are individually planned and coordinated.   [s. 51.62(1)(am)]

“Developmentally disabled” means having a developmental disability, as defined in s. 51.01(5).   [s. 48.02(5); s. 938.02(5)]

“Developmentally disabled person” has the meaning given in s. 55.01(2).   [s. 940.295(1)(cm)]

“Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.  [s. 48.685(1)(av)]

“Disabled” means having a severe physical, emotional or mental impairment which is diagnosed medically, behaviorally or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation or other services and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:

   1.  Self-care.

   2.  Receptive and expressive language.

   3.  Learning.

   4.  Mobility.

   5.  Self-direction.

   6.  Capacity for independent living.

   7.  Economic self-sufficiency.   [s. 46.985(1)(d)]

“Discharge” means the point in time when the child is no longer in out-of-home care under the care and responsibility or supervision of the agency.   [IV-E Policy Manual]

“Distribute” means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.   [s. 961.01(9)]

“Distributor” means a person who distributes.   [s. 961.01(10)]

“Divorce” means divorce from the bonds of matrimony or absolute divorce, when used in this chapter.   [s. 767.02(2)]

“Domestic abuse” means physical abuse, including a violation of s. 940.225(1), (2) or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.   [s. 46.95(1)(a)]

“Domestic abuse” has the meaning given in s. 813.12(1)(am).   [s. 940.32(1)(am)]

“Domestic abuse offense” means an act of domestic abuse that constitutes a crime.   [s. 940.32(1)(ap)]

“Drastic treatment procedure” means an extraordinary or last resort treatment method which places the patient at serious risk for permanent psychological or physical injury, including psychosurgery, convulsive therapy other than electroconvulsive therapy and behavior modification using painful stimuli.   [s. HFS 94.02(12)]

“Dropout” has the meaning given under s. 118.153(1)(b).   [s. 46.995(4m)(a)2.]

“Dropout” means a child who ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under s. 118.15(1)(b) to (d) or (3).   [s. 118.153(1)(b)]

“Drug” means a controlled substance, as defined in s. 961.01(4), or a controlled substance analog, as defined in s. 961.01(4m).   [s. 46.973(1)(a)]

“Drug” means any of the following:

   1.  A substance recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them.

   2.  A substance intended for the use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals.

   3.  A substance, other than food, intended to affect the structure or any function of the body of humans or animals.

   4.  A substance intended for use as a component of any article specified in subd. 1., 2. or 3.

   (b)  “Drug” does not include devices or their components, parts or accessories.   [s. 961.01(11)]

“Drug abuse” means the use of a drug in such a manner as to endanger the public health, safety or welfare.   [s. 46.973(1)(b)]

“Drug dependence” means a condition arising from the periodic or continuous use of a drug which may result in psychic or physical dependence which would affect or potentially affect the public health, safety or welfare.   [s. 46.973(1)(c)]

“Drug dependent” means a person who uses one or more drugs to the extent that the person’s health is substantially impaired or his or her social or economic functioning is substantially disrupted.   [s. 51.01(8)]

“Drug dependent” has the meaning given in s. 51.01(8).   [s. 46.04(1)(b); s. 48.02(5g); s. 938.02(5g)]

“Drug paraphernalia” means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of this chapter.  “Drug paraphernalia” includes, but is not limited to, any of the following:

   1.  Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.

   2.  Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.

   3.  Isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.

   4.  Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.

   5.  Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.

   6.  Diluents and adulterants, such as quinine hydrocholoride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.

   7.  Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

   8.  Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.

   9.  Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.

   10.  Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.

   11.  Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

   a.  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

   b.  Water pipes.

   c.  Carburetion tubes and devices.

   d.  Smoking and carburetion masks.

   e.  Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

   f.  Miniature cocaine spoons and cocaine vials.

   g.  Chamber pipes.

   h.  Carburetor pipes.

   i.  Electric pipes.

   j.  Air-driven pipes.

   k.  Chilams.

   L.  Bongs.

   m.  Ice pipes or chillers.

   (b)  “Drug paraphernalia” excludes:

   1.  Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.

   2.  Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.   [s. 961.571(1)]

-E-

“Early intervention” means action to hinder or alter a person’s mental disorder or abuse of alcohol or other drugs in order to reduce the duration of early symptoms or to reduce the duration or severity of mental illness or alcohol or other drug abuse that may result.   [s. 51.03(1g)(a)]

“Earned income” means income derived directly from work-related activity (e.g., wages).   [IV-E Policy Manual]

“Educational agency” means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02(15m), secured child caring institution, as defined in s. 938.02(15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153(3)(c).   [s. 115.31(1)(b)]

“Eligibility month” means the month in which initial legal proceedings (court action) were initiated (e.g., a petition was filed) that led to the court-ordered removal of the child from his or her home, or the month in which the voluntary placement agreement (VPA) was signed.  If there is not a petition, the date of the initial court order authorizing removal should be used.   [IV-E Policy Manual]

“Eligible person [for a second chance home]” means a person 14 years of age or over, but under 21 years of age, who is a custodial parent, as defined in s. 49.141(1)(b), or an expectant mother, has an income, not including the income of the person’s parent, guardian, or legal custodian, that is at or below 200% of the poverty line, as defined in s. 49.001(5), and who, at the time of referral for services under a program funded under this section, meets any of the following requirements:

   1.  Is a child and is homeless, receiving inadequate care, living in an unsafe or unstable living environment, or otherwise in need of a safe and structured living arrangement.

   2.  Is a child and meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13 or would be at risk of meeting one or more of those criteria if the child were not placed in a 2^nd-chance home.   [s. 46.997(1)(ag)]

“Emancipated minor” means a minor who is or has been married; a minor who has previously given birth; or a minor who has been freed from the care, custody and control of her parents, with little likelihood of returning to the care, custody and control prior to marriage or prior to reaching the age of majority.   [s. 48.355(2)(e); applies only to that section]

“Emergency” means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.   [s. 941.35(1)(a)]

“Emergency” means that it is likely that the patient may physically harm himself or herself or others.   [s. HFS 94.02(13)]

“Emergency care” means care provided for a foster child on the basis of 24-hour availability, including crisis intervention and emergency placements.   [s. HFS 38.03(11)]

“Emergency department” means a room or area in a hospital, as defined in s. 50.33(2), that is primarily used to provide emergency care, diagnosis or radiological treatment.   [s. 940.20(7)(a)1g.]

“Emergency department worker” means any of the following:

   a.  An employee of a hospital who works in an emergency department.

   b.  A health care provider, whether or not employed by a hospital, who works in an emergency department.   [s. 940.20(7)(a)2.]

“Emergency medical personnel” means an emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50(8), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.   [s. 941.37(1)(c)]

“Emergency medical service provider” means one of the following:

   (a)  A hospital.

   (b)  A law enforcement agency.

   (c)  A fire department.

   (d)  An ambulance service provider.

   (e)  A public agency.

   (f)  A public safety agency.   [s. HFS 39.03(9)]

“Emergency medical technician” means an individual who is licensed as any one of the following:

   (a)  An EMT-basic.

   (b)  An EMT-basic IV.

   (c)  An EMT-intermediate.

   (d)  An EMT-paramedic.   [s. HFS 39.03(10)]

“Emergency situation” means a situation in which, based on the information available at the time, there is reasonable cause to believe that a client or a group of clients is at significant risk of physical or emotional harm due to the circumstances identified in a grievance or concern.   [s. HFS 94.02(14)]

“Emotional behavioral disability”, pursuant to s. 115.76(5)(a)5., Stats., means social, emotional or behavioral functioning that so departs from generally accepted, age appropriate ethnic or cultural norms that it adversely affects a child's academic progress, social relationships, personal adjustment, classroom adjustment, self-care or vocational skills.   [s. PI 11.36(7)]

“Emotional damage” means harm to a child’s psychological or intellectual functioning.  “Emotional damage” shall be evidenced by one or more of the following characteristics exhibited to a severe degree:  anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child’s age and stage of development.   [s.48.02(5j)]

“Emotional harm” means that the child or relative is so emotionally impaired that his or her functioning is substantially affected.   [s. HFS 58.09(1)(a)]

“Employee” means an individual retained by a kinship care or long-term kinship care relative on a regular basis who has regular contact with a child for whom kinship care benefits are paid to the kinship care relative or long-term kinship care benefits are paid to the long-term kinship care relative.   [s. HFS 58.03(8)]

“Employer” has the meaning given in s. 111.32(6).   [s. 942.07(1)(a)]

“Employing agency” means a juvenile court, a county department or a county sheriff's department that employs one or more intake workers.   [s. DOC 399.03(5)]

“Entity” means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption or to license foster homes or treatment foster homes; a foster home or treatment foster home that is licensed under s. 48.62; a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13(14); a day care provider that is certified under s. 48.651; or a temporary employment agency that provides caregivers to another entity.  [s. 48.685(1)(b)]

“Entity”, as used in s. 1355.38, means any organization or agency (e.g., a private child placing agency) that is separate and independent of the State agency; performs title IV-E functions pursuant to a contract or subcontract with the State agency; and, receives title IV-E funds.  A State court is not an "entity" for the purposes of s. 1355.38 except if an administrative arm of the State court carries out title IV-E administrative functions pursuant to a contract with the State agency.   [s. 45 CFR 1355.20(a)]

“Episode” means a removal with one or more placements.  An episode is completed by a discharge.  A current episode is a removal and one or more placement settings without a discharge.   [IV-E Policy Manual]

“Equity value” means the market value of a resource, minus any debts still owed on the resource, when determining if the child meets the resource criteria for the Title IV-E program.   [IV-E Program Manual]

“Etiology” means the cause of a disease or disorder as determined by an assessment or medical diagnosis.   [s. HFS 38.03(12)]

“Evaluation” means the process by which achievement or lack of achievement of established measurable and behavioral goals and objectives is determined.   [s. HFS 38.03(13)]

“Exceptional needs” means specific child conditions which are either organic or naturally induced (as opposed to parental) such as retardation, blindness, physical handicap, etc.  The key here is that the parents will not/cannot meet the child's needs.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Exceptional rate” means an additional monthly payment for caring for a child whose needs may be so extreme that the basic maintenance and supplemental payments do not provide sufficient funding to ensure the child's care in a foster home and to prevent placement in a more restrictive setting.  The criteria are established by the Department by administrative rule.  The funding level associated with these criteria are indirectly established by the Department by this policy through the establishment of a maximum monthly foster care payment.   [UFCR]

“Executive head” means the governor.   [s. 48.989(1)(c)]

“Exit” has the meaning prescribed in s. Comm 20.07(29).   [s. HFS 56.03(11)]

“Extended family member” shall be defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.   [ICWA]

“Extremely” means a perception which is so negative, it would if present create a safety concern for the child. [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

-F-

“Fact-finding hearing” means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights are proved by clear and convincing evidence.  [s. 48.31(1)]

“Fact-finding hearing” means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13(12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or citation under s. 938.125 or 938.13(4), (6), (6m), (7) or (14) are proved by clear and convincing evidence.   [s. 938.31(1)]

“Family” means a group that lives together and that consists of at least one disabled child and his or her parent.   [s. 46.985(1)(e)]

“Family” means the group comprising the permanent living situation of the child prior to placement in treatment foster care or other substitute care program and includes birth parents and adoptive parents and any relatives associated with these parents.   [s. HFS 38.03(14)]

“Family” means a group of persons, including at least one adult and one child, who generally reside together and identify themselves as a family.   [CPS Ongoing Services Standards and Practice Guidelines]

“Family care staffing” means that at least one shelter care worker, whether an independent operator or an employee or a licensee, has the facility as a primary domicile.   [s. HFS 59.02(4)]

“Family consortium” means a group composed of relatives, or of relatives and the guardian, of an individual with developmental disability who together provide services for the individual in a home that is an extension of a relative’s or the guardian’s home.   [s. 46.278(1m)(ag)]

“Family informal supports” means individuals or organizations that may assist a family in attaining the goals of the case plan or permanency plan and which may include, but are not limited to, friends, neighbors, local community groups, support groups, extended family members and spiritual communities.   [draft s. HFS 44.03(23)]

“Family managed plan” means a protective or safety plan managed by the family.  Family members are responsible for assuring child safety and can do so without assistance or oversight from the agency.  Although the agency may assist in developing the plan, the plan is primarily developed by the family, since it will be carried out by the family.  In order for such a plan to work, there must be a non-maltreating parent/adult in the household who can and will protect the child.  A "family managed plan" may also include a role for an older teenaged child who may be supported by the non-maltreating parent in carrying out the safety plan.  A "family managed plan" may include services provided by others, but these providers and resources are coordinated and managed by the family, rather than by the agency.  The agency is usually still involved with the family in coordinating and providing treatment services to change those conditions and behaviors making the child unsafe and putting the child at risk.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Family member” means a spouse, a parent, a child or a person related by blood or adoption to another person.   [s. 46.95(1)(b)]

“Family member” means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild.   [s. 940.201(1)(a); s. 943.011(1)(a); 943.017(2m)(a)1.]

“Family member” means a parent, spouse, sibling, child, stepchild, foster child or treatment foster child.   [s. 940.203(1)(a); s. 940.205(1); s. 940.207(1); s. 943.013(1)(a); 943.015(1)]

“Family-operated group home” means a home licensed under s. 48.625 for which the licensee is one or more individuals who operate not more than one group home.   [s. 48.627(1)]

“Family-operated group home” means a facility which is providing care and maintenance for 5 to 8 children and is operated by one or more persons required to be licensed under s. 48.625, Stats., who do not operate another group home and do not operate the home for a corporation or agency.   [s. HFS 37.03(7)]

“Family-operated group home” means a home for which the licensee is one or more individuals who operate not more than one group home.   [s. HFS 57.02(8)(b)]

“Family preservation services” means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including

   (A)  service programs designed to help children

   (i)  where safe and appropriate, return to families from which they have been removed; or

   (ii)  be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement;

   (B)  preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families;

   (C)  service programs designed to provide followup care to families to whom a child has been returned after a foster care placement;

   (D)  respite care of children to provide temporary relief for parents and other caregivers (including foster parents); and

   (E)  services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition.   [42 USC 629a(a)(1)]

“Family safety assessment” means a comprehensive gathering of information about a child and the child’s family and an analysis of that information to determine whether there are threatening family conditions that are out of control, can be expected to occur immediately, representing a present danger, or in the very near future, representing an impending danger, and are likely to result in severe harm to the child.   [draft s. HFS 44.03(24)]

“Family safety plan” means a plan implemented immediately following completion of a safety assessment or safety re-assessment to control known threats to child safety.  The plan includes the following:

   (a)  A complete analysis of impending danger threats and family conditions in order to make decisions about the types and frequency of services that will effectively control the threats to safety.

   (b)  A description of the services to be provided, an identification of the sources of the services, the frequency of the services, and a description of how the services will control all known safety threats.

   (c)  For juveniles, a safety plan must also include an analysis of factors relevant to the safety of persons, property, and the community.   [draft s. HFS 44.03(25)]

“Family safety reassessment” means a formal review of the standardized safety threats of impending danger, and considering and documenting whether or not they are present in the family.  If a child is in an out-of-home care placement, safety threats should be assessed as though the child was in the parental home.   [CPS Ongoing Services Standards and Practice Guidelines]

“Family’s informal supports” means individuals or organizations that are informally supportive of a family’s well- being, which may include, but are not limited to, friends, neighbors, local community groups, support groups, extended family members and spiritual communities.   [draft s. HFS 44.03(23)]

“Family support services” means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development.   [42 USC 629a(a)(2)]

“Family violence” means any act, or threatened act, of violence, including any forceful detention of an individual which—

(A)   results, or threatens to result, in physical or mental injury, and

(B)    is committed by an individual against another individual--

(i)  to whom such person is, or was, related by blood or marriage or otherwise legally related, or

(ii)  with whom such person is, or was, residing.   (ICP)

“Federal financial participation” or “FFP” means the matching rate paid by the federal government for specified program activities, as provided in federal regulation.  FFP for Title IV-E administrative activities is 50%; training costs, 75%; and IV-E maintenance cost is based on the poverty level in each state, ranging from 50% to 83%, and must be calculated annually for each fiscal year.  The state’s IV-E maintenance FFP, which is based on the state’s Federal Medicaid Percentage (FMAP), is 58.43 (FFY 2003).   [IV-E Policy Manual]

“Federal Medicaid percentage” or “FMAP” means the FFP rate paid by the federal government for maintenance costs under Title IV-E and direct service costs under the Title XIX program.  The rate, based on the poverty level in each state, ranges from 50% to 83%, and must be calculated annually for each fiscal year.   [IV-E Policy Manual]

“Fee for service” means the charge made by the department or agency to the requester for the cost of an adoption search for birth parents in order to obtain medical and genetic information and birth parent identity and location, as required under ss. 48.432(4)(d) and 48.433(6)(d), Stats.   [s. HFS 53.01(2)(k)]

“Financial assistance” means direct provision of funds, the use of vouchers or enrollment in a program designed to provide funding or services related to the acquisition of basic living necessities.   [draft s. HFS 44.03(26)]

“Firearm” does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol.   [s. 948.605(1)(ac)]

“Fire department” has the meaning given in s. Comm 14.02 (3).   [s. HFS 39.03(11)]

“Fit and willing relative” means a relative of the child who successfully completes a background check under s. 48.685, Stats., who has expressed a willingness to provide care for the child until the child is 18 years of age, and who has the capacity to provide for the child until the child’s 18^th birthday.   [draft s. HFS 44.03(27)]

“Foreign adoption” means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under this subchapter.  [s. 48.838(1)]

“Foreign jurisdiction” means a jurisdiction outside of the United States.   [s. 48.02(5m)]

“Formally review” means that the providing agency social services case manager invites all treatment team members to a review meeting at which they are afforded the opportunity to share information and discuss issues.   [s. HFS 38.12(3)(c)]

“Foster care” means 24-hour substitute care for children placed away from their parents or guardians and for whom the State agency has placement and care responsibility.  This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes.  A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made.   [s. 45 CFR 1355.20(a)]

“Foster care” means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.   [s. HFS 56.03(12)]

“Foster care maintenance payments” means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation.  In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.   [42 USC 675(a)(4)(A)]

“Foster care maintenance payments” are payments made on behalf of a child eligible for title IV-E foster care to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel for a child's visitation with family, or other caretakers.  Local travel associated with providing the items listed above is also an allowable expense.  In the case of child care institutions, such term must include the reasonable costs of administration and operation of such institutions as are necessarily required to provide the items described in the preceding sentences.   [s. 45 CFR 1355.20(a)]

“Foster care placement” means any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where the parental rights have not been terminated.   [ICWA]

“Foster child” means a child placed for care and maintenance in a foster home by the department, a placing agency or a court.   [s. HFS 37.03(8)]

“Foster child” means a child placed for care and maintenance in a treatment foster home by the department, a county agency, a child welfare agency or a court.   [s. HFS 38.03(15)]

“Foster child” means a child placed for care and maintenance in a foster home by the department, a county agency, a licensed private child-placing agency or a court by court order or a voluntary placement agreement.  [s. HFS 56.03(13)]

“Foster child” means a child placed for care and maintenance, with or without transfer of legal custody, in a group home for children.   [s. HFS 57.02(7)]

“Foster child adoption” means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State.   [42 USC 673a(g)(1)]

“Foster family” means the foster parent(s), foster child(ren), any birth or adoptive children of the foster parent(s) and any other person(s) constituting the group living in the home.   [CPS Ongoing Services Standards and Practice Guidelines]

“Foster family home” means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing.   [42 USC 672(c)(1)]

“Foster family home” means, for the purpose of title IV-E eligibility, the home of an individual or family licensed or approved as meeting the standards established by the State licensing or approval authority(ies) (or with respect to foster family homes on or near Indian reservations, by the tribal licensing or approval authority(ies)), that provides 24-hour out-of-home care for children.  The term may include group homes, agency-operated boarding homes or other facilities licensed or approved for the purpose of providing foster care by the State agency responsible for approval or licensing of such facilities.  Foster family homes that are approved must be held to the same standards as foster family homes that are licensed.  Anything less than full licensure or approval is insufficient for meeting IV-E eligibility requirements.  States may, however, claim title IV-E reimbursement during the period of time between the date a prospective foster family home satisfies all requirements for licensure or approval and the date the actual license is issued, not to exceed 60 days.   [s. 45 CFR  1355.20(a)]

“Foster home” means any facility that is operated by a person required to be licensed by s. 48.62(1)(a) and that provides care and maintenance for no more than 4 children or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.  [s. 48.02(6)]

“Foster home” includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.   [s. 48.685(1)(bg)]

“Foster home” means any facility that is operated by a person required to be licensed by s. 48.62(1)(a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.  [s. 938.02(6)]

“Foster home” means any facility operated by a person required to be licensed under s. 48.62(1)(a), Stats., in which care and maintenance are provided for no more than 4 foster children, or, if all are siblings, for no more than 6 children, and also includes a treatment foster home that also provides structured professional treatment by trained individuals, and a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats.   [s. HFS 12.03(12)]

“Foster home” means any facility operated by a person required to be licensed under s.48.62(1)(a) or (b), Stats., that provides care and maintenance for no more than 4 foster children unless all of the children are siblings, or any family-operated group home licensed under s.48. 625, Stats.   [s. HFS 37.03(9)]

“Foster home” means any facility operated by a person required to be licensed under s.48.62(1)(a), Stats., in which care and maintenance are provided for not more than 4 foster children or, if necessary to keep siblings together, for no more than 6 foster children.   [draft s. HFS 44.03(28)]

“Foster home” means any facility operated by a person required to be licensed under s. 48.62(1)(a), Stats., in which care and maintenance are provided for no more than 4 foster children or, if necessary to keep siblings together, for no more than 6 foster children.   [s. HFS 56.03(14)]

“Foster home” means any facility operated by a person required to be licensed under s. 48.62(1)(a), Stats., in which care and maintenance are provided for no more than 4 foster children or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.   [CPS Ongoing Services Standards and Practice Guidelines]

“Foster parent” means a person licensed under s. 48.62(1)(a) or (b), Stats., with primary responsibility for the care and supervision of foster children placed in his or her home, or a parent in a family-operated group home licensed under s. 48.625, Stats.   [s. HFS 37.03(10)]

“Foster parent” means a person with primary responsibility for the care and supervision of one or more foster children placed in his or her home and in whose name the foster home is licensed under this chapter.  [s. HFS 56.03(15)]

“Foster parent” means an individual licensed to provide care and maintenance to children placed in his or her home by court order or voluntary placement agreement.   [CPS Investigation Standards]

“Foster parent” means a person with primary responsibility for the care and supervision of foster children placed in his or her home.   [CPS Ongoing Services Standards and Practice Guidelines]

“Foster parent staffing arrangement” means that at least one individual regularly providing day-to-day care and supervision of the foster children in the group home has the home as his or her primary domicile.  Individuals in this type of staffing arrangement may include:

   a.  Independent operators who regularly provide care in their primary domicile.

   b.  Employes of the licensee who regularly provide care and supervision of foster children in their primary domicile.   [s. HFS 57.05(3)(d)2.]

“Founded” means that there has been a violation of a specific right guaranteed to the client under Ch. HFS 92 or this chapter or Ch. 51, Stats.   [s. HFS 94.41(3)(a)1.]

“IV-E eligibility” means the process of determining if the state and county can claim federal IV-E funding reimbursement for administrative and training costs associated with the child.   [IV-E Policy Manual]

“IV-E reimbursability” means determining if the state and county can claim federal IV-E reimbursement for maintenance costs (board and care and applicable child care) associated with the child.   [IV-E Policy Manual]

“IV-E redetermination” means a re-evaluation conducted, at a minimum, every 12 months for each month from the last IV-E determination.   [IV-E Policy Manual]

“Free appropriate public education” means special education and related services that are provided at public expense and under public supervision and direction, meet the standards of the department, include an appropriate preschool, elementary or secondary school education and are provided in conformity with an individualized education program.   [s. 115.76(7)]

“Full-time staff” means a center staff member who works 40 or more hours per week in the same staff position or 2 or more part-time staff members who together work in the same staff position 40 or more hours per week.   [s. HFS 52.03(6)]

-G-

“General educational development test” means the test developed by the American council on education and administered in Wisconsin at testing sites approved by the state superintendent and the American council on education.   [s. PI 5.02(6)]

“General supervision” means regular coordination, direction and inspection of the exercise of delegation of medication administration by a physician or registered nurse of someone who is not licensed to administer medications.   [s. HFS 53.46(1)(a)]

“Genetic test” means a test of a person’s genes, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrate genetic or chromosomal damage due to environmental factors.   [s. 942.07(1)(c)]

“Genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity.   [s. 767.001(1m)]

“Goal” means a positive and measurable behavior that will, if achieved, bring the family closer to achieving an identified outcome.  Goals are more short-range than outcomes and represent the steps made toward achieving outcomes.   [CPS Ongoing Services Standards and Practice Guidelines]

“Good academic standing” means that the child is achieving a level of success, as determined by the local school, that will allow the child to graduate.   [s. HFS 58.03(9)]

“Graduated from high school” for purposes of compulsory attendance under s. 118.15(1)(a), Stats., means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29(4), Stats.   [s. PI 5.02(6m)]

“Grandchild support” means an amount which a person is legally obligated to provide under s. 49.90(1)(a) 2. and (11).   [s. 948.22(1)(b)]

“Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.   [s. 939.22(14)]

“Great bodily harm” means bodily injury that creates a substantial risk of death, causes serious permanent disfigurement or causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.   [draft s. HFS 44.03(29)]

“Grievance” means a statement by a grievant that an action or an inaction by a program or its staff has abridged rights guaranteed to the client under s. 51.61, Stats., and this chapter combined with a request that the matter be dealt with through the program’s formal grievance resolution process pursuant to s. HFS 94.40(5).   [s. HFS 94.02(17)

“Group home” means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children, as provided in s. 48.625(1).  [s. 48.02(7)]

“Group home” means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 juveniles.   [s. 938.02(7)]

“Group home” means a facility operated by a person required to be licensed by the department under s. 48.625 and 48.66, Stats., and Ch. HFS 57 to provide 24-hour care and maintenance for 5 to 8 children, as provided in s. 48.625(1), Stats.   [draft s. HFS 44.03(30)]

“Group home” means a facility operated by a person required to be licensed under s. 48.625, Stats., and licensed by the department under s. 48.66, Stats., to provide 24-hour care for 5 to 8 children.   [s. HFS 57.02(8)]

“Guardian” has the meaning provided in s. 880.01(3).   [s. 46.977(1)(a)]

“Guardian” means the person named by the court having the duty and authority of guardianship.  [s. 48.02(8); s. 938.02(8)]

“Guardian” has the meaning prescribed in s. 48.02(8), Stats.   [s. HFS 50.01(4)(k)]

“Guardian” means a person appointed by a court under Ch. 880, Stats., to have the duties and authority of guardianship described under s. 48.023, Stats., or Ch. 880, Stats., or as defined under s. 938.02(8), Stats.   [s. HFS 52.03(7)]

“Guardian” means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces, to major surgery and to adoption, or to manage the estate of a minor.   [s. HFS 54.01(4)(h)]

“Guardian” means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces and to major surgery.   [s. HFS 56.03(16)]

“Guardian” means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces, to major surgery and to adoption.   [s. HFS 57.02(9)]

-H-

“Habitual truant” means a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for part or all of 5 or more days on which school is held during a school semester.   [s. 118.16(1)(a)]

“Habitual truant” has the meaning given in s. 118.16(1)(a).   [s. 938.02(9m)]

“Handgun” has the meaning given in s. 175.35(1)(b).   [s. 941.237(1)(d)]

“Handicaps limiting mobility” means any mental, developmental, or physical disability which restricts the child’s mobility or ability to function without supervision.  [s. HFS 59.06(5)(c)Note]

“Harmful description or narrative account” means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.   [s. 948.11(1)(ag)]

“Harmful material” means:

   1.  Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or

   2.  Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.   [s. 948.11(1)(ar)]

“Harmful to children” means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:

   1.  Predominantly appeals to the prurient, shameful or morbid interest of children;

   2.  Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and

   3.  Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.   [s. 948.11(1)(b)]

“Hazardous machinery and equipment” means any machine or other equipment generally known to be dangerous to untrained or unskilled operators or to operators who for any other reason are physically or mentally unable to operate the equipment safely, including a motor vehicle, power lawn mower, tractor or other farm machinery or equipment, snow blower, chain saw, power-driven shop tool, snowmobile, all-terrain vehicle and any other machinery or equipment determined by the licensing agency or supervising agency to be unsafe for a particular foster child to operate.   [s. HFS 56.03(17)]

“Health care professional” means a person licensed as an emergency medical technician under s. 146.50, a person certified as a first responder under s. 146.50(8) or any person licensed, certified, permitted or registered under Chs. 441 or 446 to 449.   [s. 118.29(1)(c)]

“Health care professional” has the meaning given in s. 252.15(1)(am).   [s. 938.296(1)(a)]

“Health care provider” means a physician, as defined under s. 448.01(5), a physician assistant, as defined under s. 448.01(6), or a nurse holding a certificate of registration under s. 441.06(1) or a license under s. 441.10(3).   [s. 48.981(2m)(b)1.]

“Health care provider” means any person who is licensed, registered, permitted or certified by the department of health and family services or the department of regulation and licensing to provide health care services in this state.   [s. 940.20(7)(a)3.]

“Health care service” means family planning services, as defined in s. 253.07(1)(b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease.   [s. 48.981(2m)(b)2.]

“HealthCheck program” means a standardized preventive health check-up program for anyone under the age of 21 who has a valid Wisconsin medical assistance card.   [s. HFS 56.03(18)]

“HealthCheck provider” means a provider of health assessment and evaluation services certified under s. HFS 105.37(1)(a).   [s. HFS 52.03(8)]

“Hearing impairment”, including deafness, means a significant impairment in hearing, with or without amplification, whether permanent or chronically fluctuating, that significantly adversely affects a child's educational performance including academic performance, speech perception and production, or language and communication skills.  A current evaluation by an audiologist licensed under ch. 459, Stats., shall be one of the components for an initial evaluation of a child with a suspected hearing impairment.   [s. PI 11.36(4)]

“High-risk adolescent” means a person who is at least 13 years of age but under the age of 20 and who is at risk of becoming an unmarried parent as an adolescent and of incurring long-term economic dependency on public funds and is characterized by one or more of the following:

   1.  Low self-esteem.

   2.  Alcohol or drug abuse.

   3.  Serious emotional family conflict.

   4.  Poverty, as a part of a family whose income is below the poverty line, as defined under 42 USC 9902(2).

   5.  Low school achievement, as a pupil who is one or more years behind his or her pupil age group in the number of school credits attained or in basic school skill levels.

   6.  Other significant problems.   [s. 46.995(3)(a)]

“High school credit” means the credit given for successful completion of a school term of study in one course in the high school grades that meets daily for a normal class period or the equivalent in time, or a high school level correspondence course, or a high school level course offered in a TCS district or college or university program.   [s. PI 5.02(7)]

“High school diploma” means the diploma granted by a public or private high school to a person who has successfully completed the program of study required by the public school board or private high school.   [s. PI 5.02(8)]

“High school equivalency diploma” means the diploma granted by the state superintendent under s. 115.29(4), Stats., and this chapter.   [s. PI 5.02(9)]

“Hispanic” means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.   [s. 938.538(6m)(a)3.]

“HIV” has the meaning given in s. 252.01(1m).   [s. 938.296(1)(b)]

“Hold” means that action in the home study process is suspended until the problems or circumstances causing the suspension are resolved, but for no longer than 6 months.   [s. HFS 51.03(11)]

“Hold-over room” means a nonsecure room in a county government facility, the purpose of which is to provide a safe environment for holding a child to facilitate the child’s appearance at a court hearing within 24 hours or over the weekend if the child is placed in the hold-over room on a Friday or on the weekend, or to transport the child to another facility within 24 hours.   [s. HFS 59.02(4g)]

“Hold-over room attendant” means a staff person or volunteer who provides care and supervision of the occupant or occupants of a hold-over room.   [s. HFS 59.02(4m)]

“Home agency” means the county agency which licenses a foster home.   [CPS Investigation Standards]

“Home-based private educational program” means a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian.  An instructional program provided to more than one family unit does not constitute a home-based private educational program.   [s. 115.001(3g)]

“Home-based private educational program” means a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian.  An instruction program provided to more than one family unit does not constitute a home-based private educational program.   [s. 115.001(3g)]

“Home school coordinator” means a person employed by the school district to promote communication between the school and the American Indian community.   [s. 115.71(4)]

“Home situation” means the inclusion of specific family members and/or other conditions in the family such as the frequent presence of known drug users in the household.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Home study” means the evaluation of an applicant for purposes of adoption by assessing and documenting the applicant’s potential to appropriately and safely care for a special needs child placed for adoption and includes the procedures in s. HSS 51.07(1).   [s. HFS 51.03(12)]

“Home study application” means a department form used to request a home study and provided to inquirers who have been screened by the department and who meet current needs for adoptive family resources for placement of special needs children, to persons wanting to adopt a special needs child already placed in their home when the child is under guardianship of the department or to persons authorized for a home study under s. HSS 51.05(4)(h) and (i).   [s. HFS 51.03(13)]

“Hospital” has the meaning provided in s. 50.33(2).   [s. 46.27(1)(ar)]

“Hospital” means a facility as defined in s. 50.33(2)(a) and (c), Stats., except for psychiatric hospitals or mental hospitals, approved to operate according to the provisions of Ch. HFS 124.03.   [s. HFS 39.03(12)] 

“Hospital-provided emergency medical services” means services provided by a hospital that the department has identified as providing some category of emergency service.   [s. HFS 39.03(13)]

“Hospital staff member” means any of the following individuals employed by or under contract with a hospital:

   (a)  An emergency medical technician working in the hospital under the direction of a physician.

   (b)  A hospital social worker, as described in s. HFS 124.25.

   (c)  A licensed practical nurse licensed under  s. 441.10(3), Stats.

   (d)  A physician, as defined in s. 448.01(5), Stats.

   (e)  A physician assistant, as defined in s. 448.01(6), Stats.

   (f)  A registered nurse licensed under s. 441.06, Stats.

   (g)  Any other employee or agent who is designated in a written hospital policy to take custody of a newborn under this chapter.   (h)  Any employee or agent who is designated in a written hospital policy to dispatch a law enforcement officer or emergency medical technician to meet a parent who wishes to relinquish a newborn.   [s. HFS 39.03(14)]

“Household member” means a person currently or formerly residing in a place of abode with another person.   [s. 46.95(1)(c)]

“Household member” means any person living in a foster home, whether or not related to the licensee.  [s. HFS 56.03(20)]

“Human services” means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3 and manpower services.  "Human services" does not include child welfare services under s. 48.48(17) administered by the department in a county having a population of 500,000 or more.   [s. 46.21(1)(d)]

“Human services” means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services and manpower services.   [s. 46.23(2)(a)]

-I-

“IDEA” means the individuals with disabilities education act under 20 USC 1400 et. seq.   [s. PI 11.02(5m)]

“Identifying information” means any of the following information:

   1.  An entity’s name.

   2.  An entity’s address.

   3.  An entity’s telephone number.

   4.  An entity’s employer identification number.

   5.  The identifying number of an entity’s depository account, as defined in s. 815.18(2)(e).

   6.  Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

   a.  An entity’s code or account number.

   b.  An entity’s electronic serial number, mobile identification number, entity identification number, or other telecommunications service, equipment, or instrument identifier.

   c.  Any other means of account access.

   7.  Any other information or data that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.

   8.  Any other information that can be associated with a particular entity through one or more identifiers or other information or circumstances.   [s. 943.203(1)(c)]

“Identifying information” means any information that would disclose the name, location, or identity of a parent or a person assisting a parent.   [s. HFS 39.03(15)]

“Identifying information” means any information which discloses the name, location or identity of a birth parent.   [s. HFS 53.01(2)(L)]

“Immoral conduct” means conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare or education of any pupil.  [s. 115.31(1)(c)]

“Implied consent” means conduct or words or both that imply that the owner or occupant of land has given consent to another person to enter the land.   [s. 943.13(1e)(az)]

“Incapacitated by alcohol” means that a person, as a result of the use or withdrawal from alcohol, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of making a rational decision, as evidenced objectively by such indicators as extreme physical debilitation, physical harm or threats of harm to himself or herself or to any other person, or to property.   [s. 51.45(2)(d)]

“Incapacity” means a person's chronic and substantial inability, as a result of a mental impairment, to care for his or her child.   [s. 48.978(1)(c)]

“Incompetent person” means a person who has been adjudged incompetent by the circuit court.                     [s. 51.45(2)(e)]

“Independent agency” means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.  [s. 48.38(1)(am); s. 938.38(1)(am)]

“Independent agency” means a private, nonprofit organization, not including a private child-placing agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.   [draft s. HFS 44.03(31)]

“Independent living,” as it relates to permanency planning, means the living arrangement of a child subsequent to residing in out-of-home care.   [draft s. HFS 44.03(32)]

“Independent reviewing agency” means a person contracted with under subd. 2. to review permanency plans and placements under subds. 3. to 6.   [s. 48.63(5)(d)1.]

“Indian” means any individual who is a member of an Indian tribe.   (ICP)

“Indian” means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in 1606 of Title 43.   [ICWA]

“Indian child” means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe or band in any of the following ways:

   1.  As a member of the tribe or band.

   2.  As a person who is both eligible for membership in the tribe or band and is the biological child of a member of the tribe or band.  [s.48.981(1)(cs); relates to this section]

“Indian child” means any unmarried person who is under age eighteen and is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.   [draft s. HFS 44.03(33)]

“Indian child” has the meaning prescribed in 25 USC 1903(4), namely, any unmarried person who is under age 18 and is either a member of an Indian tribe or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.   [s. HFS 54.01(4)(i)]

“Indian child” means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.   [ICWA]

“Indian child’s tribe” means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contact.   [ICWA]

“Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.   [draft s. HFS 44.03(34)]

“Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.   [ICWA]

“Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians.   [ICWA]

“Indian reservation” means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or land held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq).   (ICP)

“Indian tribe” means a federally recognized American Indian tribe or band in this state.   [s. 46.515(1)(e)]

“Indian tribe” means any Indian tribe (as defined in 482(i)(5)) and any Alaska Native organization (as defined in 482(i)(7)(A).   [42 USC 629a(a)(6)]

“Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.  [s. HFS 54.01(4)(j)]

“Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by  the Secretary [of the Department of the Interior] because of their status as Indians, including any Alaska Native village as defined in section 1602(c) of Title 43.   [ICWA]

“Indian unborn child” means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:

   1.  As a member of the tribe or band.

   2.  As a person who is both eligible for membership in the tribe or band and is the biological child of a member of the tribe or band.   [s. 48.981(1)(ct); relates to this section]

“Individual” means a person whose birth parent's rights have been terminated in this state at any time.   [s. 48.432(1)(b); applies to this section]

“Individualized case plan” means a specific written plan which is based upon the court order, under s. 938.33(1), Stats., as modified by the court order under s. 938.355, Stats., and an evaluation of the needs of a youth which details the educational, vocational, treatment and placement services to be furnished by service providers.   [s. DOC 397.03(8)]

“Individualized education program” means a written statement for a child with a disability that is developed, reviewed and revised in accordance with s. 115.787.   [s. 115.76(9)]

“Individualized family service plan” means a written plan for providing early intervention services to an eligible child and the child’s family.   [s. 51.44(1)(ar)]

“Individualized service planning” means a process under which a person with mental illness or who abuses alcohol or other drugs and, if a child, his or her family, receives information, education and skills to enable the person to participate mutually and creatively with his or her mental health or alcohol or other drug abuse service provider in identifying his or her personal goals and developing his or her assessment, crisis protocol, treatment and treatment plan.  “Individualized service planning” is tailored to the person and is based on his or her strengths, abilities and needs.   [s. 51.03(1g)(b)]

“Individuals who share a foster home” means any other children, including the foster parent's birth or adopted children and any other children placed in the home, any adult placed in the home and anyone regularly or intermittently sharing the home.   [CPS Investigation Standards]

“Induce” means to lead or move a parent relinquishing a newborn or a person assisting a parent relinquishing a newborn by influence or persuasion.   [s. HFS 39.03(16)]

“Induced abortion” means the use of any instrument, medicine, drug or other substance or device in a medical procedure with the intent to terminate the pregnancy of a woman and with an 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. 939.75(2)(a)]

“Information” means data relating to the medical, physical, mental or emotional condition of a child or the child's family that has been gathered for the purposes of assessing, adjudicating, placing, treating or providing services to the child.  "Information" does not include allegations, except as provided in s. HFS 37.04(3).   [s. HFS 37.03(11)]

“Informational meeting” means a meeting conducted by the department for the purpose of describing special needs children currently needing adoptive families and to provide information about the procedure for adopting through the department and information about adoption resources such as adoption assistance.   [s. HFS 51.03(14)]

“Informed consent” or “consent” means signed written consent which is voluntary and based on understanding by a person 18 years of age or older or a minor resident as provided under law who is competent and who understands the terms of the consent, and as otherwise provided under law by the resident's parent, guardian or legal custodian or as provided under a court order or other lawful authority.   [s. HFS 52.03(9)]

“Informed consent” or “consent” means written consent voluntarily signed by a patient who is competent and who understands the terms of the consent, or by the patient’s legal guardian or the parent of a minor, as permitted under s. 51.61(6) and (8), Stats., without any form of coercion, or temporary oral consent obtained by telephone in accordance with s. HFS 94.03(2m).   [s. HFS 94.02(22)]

“Informed consent document” means a document signed by a resident’s parent or guardian and legal custodian or under a court order or under another lawful authority which gives written informed consent for use of a locked unit for a resident based on the following:

   1.  Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.

   2.  The behaviors needing modification.

   3.  The behavior outcomes desired.

   4.  The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.

   5.  The time period for which the informed consent is effective.

   6.  The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.   [s. HFS 52.42(1)(b)]

“In-home consultation” means a visit to the parental or treatment foster home by a designated professional for the purpose of assisting parents or treatment foster parents in implementing the child’s treatment or permanency plans, to directly observe the treatment process, to assess training needs of treatment foster parents, to provide skill training for specific problems and to provide support for treatment foster parents.   [s. HFS 38.03(16)]

“Initial clothing allowance” means an allowance for the actual cost of clothing needed by a child upon initial entry into foster care.  The allowance may not exceed the maximum amount specified for the child's age.  The placement of a child in foster care 120 days or more after the child has been removed from out-of-home care shall be considered an initial placement.  These maximum rates are established by the Department by this policy.   [UFCR]

“Initial IV-E eligibility” means the first IV-E eligibility determination made at the time the child first enters agency legal responsibility.   [IV-E Policy Manual]

“Initial court order” means the very first court order that authorizes the child’s removal from the home.  It is this court order that must have the contrary to the welfare judicial finding.  The typical initial court order that authorizes removal is the Temporary Physical Custody Order (TPC) or the dispositional order.   [IV-E Policy Manual]

“Inpatient” means a person who is receiving treatment, care, services or supports while residing in an inpatient treatment facility, a residential treatment facility or in any facility or home which is subject to regulation as a place of residence and service provision for patients by the department, a county department or a county department of social services established under s. 46.215 or 46.22, Stats.   [s. HFS 94.02(23)]

“Inpatient facility” has the meaning designated in s. 51.01(10).   [s. 940.225(5)(ag)]

“In public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse.   [s. 944.15(1)]

“In public” means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.   [s. 944.17(1)]

“Insane persons” include every idiot, non compos, lunatic and distracted person.   [s. 990.01(16)]

“Intake worker” means any person designated to provide intake services under s. 48.067.   [s. 46.515(1)(f)]

“Intake worker” means any person who meets the requirements of s. 48.06(1)(am) and (2)(b), Stats., and who provides intake services under Ch. 48, Stats.   [s. HFS 39.03(17)]

“Intake worker” means an employee of a juvenile court, a county department or the sheriff's department who performs juvenile court intake functions as specified in s. 938.067, Stats.   [s. DOC 399.03(7)]

“Integrated service plan” means the plan for treatment, education and support services for an eligible child with severe disabilities and the child's family under sub. (8)(h).   [s. 46.56(1)(g)]

“Integrated service plan” has the meaning given in s. 46.56(1)(g).   [s. 48.02(9s); s. 938.02(9s)]

“Integrated services” means treatment, education, care and support services provided, in a coordinated manner, for a child with severe disabilities and his or her family.   [s. 46.56(1)(f)]

“Intended” means that before or during the time the child was mistreated, the parents' conscious purpose was to hurt the child.  This should be distinguished from an instance in which the parent meant to discipline or punish the child and the child was hurt.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Intentional abuse” means any of the following, if done intentionally:

   1.  An act, omission or course of conduct by another that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:

   a.  Results in bodily harm or great bodily harm to a patient or resident.

   b.  Intimidates, humiliates, threatens, frightens or otherwise harasses a patient or resident.

   2.  The forcible administration of medication to or the performance of psychosurgery, electroconvulsive therapy or experimental research on a patient or resident with the knowledge that no lawful authority exists for the administration or performance.   [s. 940.295(1)(j)]

“Intentionally” means that the actor either has a purpose to do the thing or cause the result specified or is aware that his or her conduct is practically certain to cause that result.  In addition, except as provided in sub. (6), the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word “intentionally”.   [s. 939.23(3)]

“Interdisciplinary team” means a group of professionals, assembled by the service coordinator, from various service systems who meet all of the following criteria:

   1.  Are skilled in providing treatment, education and support services for children with severe disabilities and their families.

   2.  Conduct comprehensive evaluations of the child with severe disabilities and the child's family's needs for treatment and support services.

   3.  Possess skills and knowledge of the needs or dysfunctions of the specific type presented by the child being assessed.

   4.  Are providing treatment, education or support services to the child with severe disabilities or the child's family, if the child or the child's family is receiving any treatment, education or support services.   [s. 46.56(1)(i)]

“Inter-Tribal consortium” means a partnership between—

   (A) an Indian tribe or tribal organization of an Indian tribe, and

   (B)  one or more Indian tribes or tribal organizations of one or more other Indian tribes.   (ICP)

“Intimate parts” means the breast, buttock, anus, groin, scrotum, penis, vagina or pubic mound of a human being.   [s. 939.22(19)]

“Intoxicant” means any controlled substance, controlled substance analog or other drug, any combination of a controlled substance, controlled substance analog or other drug or any combination of an alcohol beverage and a controlled substance, controlled substance analog or other drug.  "Intoxicant" does not include any alcohol beverage.   [s. 940.225(5)(ai)]

“Intoxicated person” means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.   [s. 51.45(2)(f)]

“Investigating agency” means the agency with which a home county maintains an agreement for conducting independent investigations.   [CPS Investigation Standards]

“Isolation” means any process by which a person is physically or socially set apart by staff from others but does not include separation for the purpose of controlling contagious disease.   [s. HFS 94.02(26)]

-J-

“Joint legal custody” means the condition under which both parties share legal custody and neither party’s legal custody rights are superior, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.   [s. 767.001(1s)]

“Joint legal custody” has the meaning given in s. 767.001(1s).   [s. 948.01(1g)]

“Judge”, if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and Ch. 938.   [s. 48.02(10)]

“Judge”, if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and Ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183, the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17(2), the judge of the municipal court.   [s. 938.02(10)]

“Judge” means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge, or circuit, supplemental, or municipal court commissioner.   [s. 940.203(1)(b); s. 943.013(1)(b)]

“Juvenile” 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, "juvenile" does not include a person who has attained 17 years of age.   [s. 938.02(10m)]

“Juvenile” 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, “juvenile” does not include a person who has attained 17 years of age.   [draft s. HFS 44.03(36)]

“Juvenile court” means the court assigned to exercise jurisdiction under Ch. 938, Stats.   [s. DOC 399.03(6)]

“Juvenile in need of protection or services” or “JIPS” means a juvenile who is subject to the jurisdiction of the court under s. 938.13, Stats.   [draft s. HFS 44.03(37)]

-K-

“Kinship care” means the program described under s. 48.57(3m), Stats., which provides specific assistance to children and families through the provision of a monthly payment to a relative.   [s. HFS 58.03(10)]

“Kinship care agency” or “agency” means a county department of social services under s. 46.22, Stats., a county department of human services under s. 46.23, Stats., the department for a county having a population of 500,000 or more, a tribal agency appointed by the tribal governing body, or a public or private agency under contract with a county department, the department or a tribal agency for the purpose of administering all or part of the kinship care program or the long-term kinship care program.   [s. HFS 58.03(11)]

“Kinship care payment” or “kinship care benefit” means a monthly payment of $215 to a relative who is providing care and maintenance for a child.   [s. HFS 58.03(12)]

“Kinship care relative” means a person receiving payments under s. 48.57(3m)(am) for providing care and maintenance for a child.   [s. 48.40(1m)]

“Kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.   [s. 48.57(3m)(a)2.]

“Kinship care relative” means a relative who is receiving a kinship care payment.   [s. HFS 58.03(13)]

“Know” requires only that the actor believes that the specified fact exists.   [s. 939.23(2)]

-L-

“Lack of behavioral control” means the provocative child who stimulates reactions in others. [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Law enforcement agency” has the meaning given in s. 165.83(1)(b).   [s. 118.125(1)(be); s. 940.41(1g)]

“Law enforcement agency” means an agency as defined in s. 165.83(1)(b), Stats.   [draft s. HFS 39.03(13)]

“Law enforcement officer” means any person who by virtue of the person’s office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of the person’s authority.   [s. 51.01(11)]

“Law enforcement officer” means a Wisconsin law enforcement officer, as defined in s. 175.46(1)(g), or a federal law enforcement officer, as defined in s. 175.40(7)(a)1.   [s. 941.299(1)(c)]

“Law enforcement officer” means a person as defined in s. 165.85(2)(c), Stats., who is on duty and acting in his or her official capacity.   [s. HFS 39.03(19)]

“Law enforcement unit” means any individual, office, department, division, or other component of a school district that is authorized or designated by the school board to do any of the following:

   1.  Enforce any law or ordinance, or refer to the appropriate authorities a matter for enforcement of any law or ordinance, against any person other than the school district.

   2.  Maintain the physical security and safety of a public school.   [s. 118.125(1)(bL)]

“Law enforcement unit records” means records maintained by a law enforcement unit that were created by that law enforcement unit for the purpose of law enforcement.   [s. 118.125(1)(bs)]

“Lead agency” means the department, a county department or a private agency ordered by the court to have legal custody or supervision of a youth.   [s. DOC 397.03(9)]

“Least restrictive treatment” means treatment and services which will best meet the patient’s treatment and security needs and which least limit the patient’s freedom of choice and mobility.   [s. HFS 94.02(27)]

“Legal custodian” means a person, other than a parent or guardian, or an agency to whom legal custody of the child has been transferred by a court, but does not include a person who has only physical custody of the child.  [s. 48.02(11)]

“Legal custodian” means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.   [s. 938.02(11)]

“Legal custodian” has the meaning specified in s. 48.02(11), Stats., or in s. 938.02(11), Stats.   [s. HFS 52.03(10)]

“Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody, and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care needs.  “Legal custody” has the meaning prescribed in s. 48.02(12), Stats.   [s. HFS 54.01(4)(k); s. HFS 57.02(10)]

“Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody, and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care and needs.  “Legal custody” has the meaning prescribed in s. 48.02(12), Stats.   [s. HFS 56.03(21)]

“Legal custodian” has the meaning given in s. 938.02(11), Stats.

“Legal custodian of a child” means:

   1.  A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus.

   2.  The department of health and family services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under Ch. 48 or 938 to that department, person or agency.   [s. 948.31(1)(a)]

“Legal custody” means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline the child, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.   [s. 48.02(12)]

“Legal custody” means:

   (a)  With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency under par. (b), the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.

   (b)  With respect to the department of health and family services or a county agency specified in s. 48.56(1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02(12).   [s. 767.001(2)]

“Legal custody” means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.   [s. 938.02(12)]

“Legal custody” has the meaning given in s. 767.001(2).   [s. 948.01(1r)]

“Legal custody” has the meaning specified in s. 48.02(12), Stats., or in s. 938.02(12), Stats.   [s. HFS 52.03(11)]

“Legal guardianship” means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision making.  The term "legal guardian" means the caretaker in such a relationship.   [42 USC 675(a)(7); s. 1355.20(a)]

“Legal risk” means a condition of a child in which the severance of the legal rights of the child’s birth parents through termination of parental rights proceedings under subch. VIII of Ch. 48, Stats., has not been completed or the court’s decision to terminate parental rights is being legally contested.   [draft s. HFS 44.03(38)]

“Legal risk” means a status of a child in which the severance of the legal rights of the child’s birth parents through a termination of parental rights proceeding under the laws of the state or tribal court have not been completed or the court’s decision is being legally contested.   [s. HFS 50.01(4)(n)]

“Legally free” means the status of a child when the legal rights of the child’s birth parents have been severed through death or a termination of parental rights proceeding according to the laws of the state or the tribal court, and the court has transferred guardianship and custody of the child to a placement agency pending adoptive placement.   [s. HFS 50.01(1)(o)]

“License” means written permission of the department for a center to operate, consisting of a license certificate which shows the location of the center, identifies the licensed premises and lists licensing provisions, and a licensing letter of transmittal that includes any special conditions.   [s. HFS 52.03(12)]

“Licensed private child-placing agency” means an agency licensed by the department under s. 48.60, Stats., and Ch. HFS 54 to place children in foster homes and other out-of-home care facilities and to license foster homes or treatment foster homes.   [s. HFS 56.03(22)]

“Licensee” means a person who holds a license under s. 48.66(1)(a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.  [s. 48.715(1)]

“Licensee” means a person or persons licensed under s. 48.62, Stats., Ch. HFS 56 and this chapter to operate a treatment foster home.   [s. HFS 38.03(17)]

“Licensee” means the person, partnership, sole proprietorship, corporation or other legal entity to which a license is issued under this chapter and which has final responsibility and authority to operate the center.   [s. HFS 52.03(13)]

“Licensee” means the foster parent or foster parents in whose name or names a foster home is licensed under this chapter.   [s. HFS 56.03(23)]

“Licensee” means a person licensed by the department under s. 48.66, Stats.   [s. HFS 57.02(11)]

“Licensee” means the person who is primarily responsible for the operation of a facility and who is licensed by the department to operate the facility.   [s. HFS 59.02(5)]

“Licensing agency” means the department, a county or a child welfare agency which issues a treatment foster home license.   [s. HFS 38.03(18)]

“Licensing agency” means the department, a county agency or a licensed private child-placing agency that might issue a license under this chapter or Ch. HFS 38.   [s. HFS 56.03(24)]

“Licensing agency” means the department.   [s. HFS 59.02(6)]

“Likely” means more likely than not.   [s. 980.01(1m)]

“Limited-English proficient pupil” means a pupil whose ability to use the English language is limited because of the use of a non-English language in his or her family or in his or her daily, nonschool surroundings, and who has difficulty, as defined by rule by the state superintendent, in performing ordinary classwork in English as a result of such limited English language proficiency.   [s. 115.955(7)]

“Limited mobility or functioning” means a condition resulting from any mental, developmental or physical limitation which restricts the child's ability to move without assistance or to function without direct supervision.   [s. HFS 57.02(12)]

“Limited-purpose agency” means a private, nonprofit organization that is a statewide organization whose project has statewide impact.   [s. 46.30(1)(a)]

“Live birth” means the complete expulsion or extraction from his or her mother, of a human being, at any stage of development, who, after the expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, a cesarean section, or an abortion, as defined in s. 253.10(2)(a).   [s. 990.01(19j)(b)]

“Living area” means the rooms of the foster home used by household members for sleeping, preparing and eating meals, bathing, toileting and indoor leisure time activities.   [s. HFS 56.03(25)]

“Local child protective services agency” means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country.   (ICP)

“Local educational agency”, except as otherwise provided, means the school district in which the child with a disability resides, the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02(19), or a Type 1 prison, as defined in s. 301.01(5).   [s. 115.76(10)]

“Local law enforcement agency” means that Federal, tribal, or State law enforcement agency that has primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved.   (ICP)

“Locked unit” means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will.  A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.   [s. HFS 52.42(1)(c)]

“Long-term foster care” means a permanence goal in a case where it is anticipated that a child will reside with a foster parent until the age of 18, or age 19 if the child is enrolled full-time in an academic program and is expected to graduate by the age of 19, where the foster parent will not become the child’s guardian or adopt the child.   [draft s. HFS 44.03(40)]

“Long-term kinship care” means the program described under s. 48.57(3n), Stats., which provides specific assistance to children and families through the provision of a monthly payment to a relative.   [s. HFS 58.03(14)]

“Long-term kinship care payment” or “long-term kinship care benefit” means a monthly payment of $215 to a relative who is providing care and maintenance for a child.   [s. HFS 58.03(15)]

“Long-term kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.   [s. 48.57(3n)(a)2.]

“Long-term kinship care relative” means a relative who has been appointed as the child's guardian under s. 48.977, Stats., and who has applied for and is receiving a long-term kinship care payment under s. 48.57(3n), Stats.   [s. HFS 58.03(16)]

“Low-income pupil” means a pupil for whom aid to families with dependent children is being received under s. 49.19 or a pupil who is a member of a Wisconsin works group, as defined in s. 49.141(1)(s), with a member who is participating in Wisconsin works under s. 49.147(3) to (5).   [s. 115.45(3m)(a)2.]

“Low income” means the measure of low income that is used by the school district under 20 USC 2723.   [s. 118.43(1)(b)]

-M-

“Major decisions” includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion.   [s. 767.001(2m)]

“Malice” or “maliciously” means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice.   [s. 940.41(1r)]

“Maltreatment” includes any of the following conduct:

   1.  Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm.

   2.  Restraint, isolation or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adult’s psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression or outward aggressive behavior or a combination of these behaviors.  This subdivision does not apply to restraint, isolation or confinement by order of a court or other lawful authority.

   3.  Deprivation of a basic need for food, shelter, clothing or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement or court order.   [s. 940.285(1)(bm)]

“Maltreatment” means any physical abuse, sexual abuse, neglect, emotional damage or threat of abuse or neglect as described in s. 48.981(1), Stats.   [CPS Investigation Standards]

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container.  “Manufacture” does not mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:

   (a)  By a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of the practitioner’s professional practice; or

   (b)  By a practitioner, or by the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.   [s. 961.01(13)]

“Marital child” means either of the following:

   (a)  A child who is conceived or born while his or her parents are lawfully intermarried.

   (b)  A nonmarital child who is adopted or whose parents subsequently intermarry under s. 767.60.   [s. 990.01(19m)

“Maternal and child health hotline” means the 24-hour per day, 7-day per week information and referral toll-free telephone service administered by the department.   [s. HFS 39.03(20)]

“Mechanical restraint” means any physical apparatus that interferes with the free movement of a person's limbs and body.   [s. HFS 56.02(26)]

“Mechanical support” means an apparatus that is used to properly align a patient’s body or to help a patient maintain his or her balance.   [s. HFS 94.02(28)]

“Medical restraint” means an apparatus or procedure that restricts the free movement of a patient during a medical or surgical procedure or prior to or subsequent to such a procedure to prevent further harm to the patient or to aid in the patient’s recovery, or to protect a patient during the time a medical condition exists.   [s. HFS 94.02(29)]

“Mediation” means a cooperative process involving the parties and a mediator, the purpose of which is to help the parties, by applying communication and dispute resolution skills, define and resolve their own disagreements, with the best interest of the child as the paramount consideration.   [s. 767.001(3)]

“Mediator” means a person with special skills and training in dispute resolution.   [s. 767.001(4)]

“Medical adoption assistance card” means a card issued for the purpose of identifying a person as a recipient of adoption assistance for medical care.   [s. HFS 50.01(1)(p)]

“Medical and genetic information” means any available medical, genetic, psychiatric or psychological history of the adopted person’s birth parents and the adopted person’s other birth relatives and is not limited to information contained in the medical record as defined in s. 48.425(1)(am), Stats.   [s. HFS 53.01(2)(m)]

“Medical assistance” means aid provided under subch. IV of Ch. 49, except s. 49.468.   [s. 46.275(1m)(a)]

“Medical assistance” has the meaning given under s. 49.43(8).   [s. 48.9985(1)(b)]

“Medical assistance” means the assistance program operated by the department under ss. 49.43 to 49.497, Stats., and Chs. HFS 101 to 108.   [s. HFS 52.03(15)]

“Medical assistance” means the assistance program under 42 USC 1396 and ss. 49.43 to 49.499, Stats.   [s. HFS 58.03(17)]

“Medical emergency” means a situation in which a licensed physician has determined that the life or health of the adopted person is in imminent danger or that treatment without the medical and genetic information could be injurious to the adopted person’s health.   [s. HFS 53.01(2)(n)]

“Medical facility” means a hospital under s. 50.33(2) or a clinic or office that is used by a physician licensed under Ch. 448 and that is subject to rules promulgated by the medical examining board for the clinic or office that are in effect on November 29, 1985.   [s. 943.145(1)]

“Member of a family” means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another.   [s. 940.32(1)(cb)]

“Member of a household” means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.   [s. 940.32(1)(cd)]

“Member of a religious order” means an individual who has taken vows devoting himself or herself to religious or spiritual principles and who is authorized or appointed by his or her religious order or organization to provide spiritual or religious advice or service.   [s. 48.981(1)(cv)]

“Member of the clergy” has the meaning given in s. 765.002(1).   [s. 48.355(2)(em)]

“Member of the clergy” has the meaning given in s. 765.002(1) or means a member of a religious order, and includes brothers, ministers, monks, nuns, priests, rabbis, and sisters.   [s. 48.981(1)(cx)]

“Member of the family” means spouse, child, sibling, parent or legal guardian.   [s. 51.37(10)(a)3.; s. 301.046(4)(a)1.]

“Mental harm” means substantial harm to a child's psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior.  "Mental harm" may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.   [s. 948.01(2)]

“Mental illness” means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.   [s. 51.01(13)(a)]

“Mental illness”, for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism.   [s. 51.01(13)(b)]

“Mental illness” means mental disease to such extent that a person so afflicted requires care and treatment for his or her welfare, or the welfare of others, or of the community and is an inpatient or resident in a facility rendering care or treatment or has been discharged from the facility for not more than 90 days.   [s. 51.62(1)(bm)]

“Mental illness” has the meaning given in s. 51.01(13).   [s. 46.04(1)(c)]

“Mentoring services” means those services and activities that support a structured, managed program of mentoring, including the management by trained personnel of outreach to, and screening of, eligible children; outreach to, education and training of, and liaison with sponsoring local organizations; screening and training of adult volunteers; matching of children with suitable adult volunteer mentors; support and oversight of the mentoring relationship; and establishment of goals and evaluation of outcomes for mentored children.   [s. 439(a)(3), Title IV-B]

“Minority group member” means a Black, a Hispanic or an American Indian.   [s. 938.538(6m)(a)4.]

“Minority group pupil” means a pupil who is Black or African American, Hispanic, American Indian, an Alaskan native, or a person of Asian or Pacific Island origin.  [s. 115.43(1)]

“Monthly adoption assistance payment” means a monthly payment amount described in an adoption assistance agreement to help with the expense of raising the child made by the department to the parents or prospective parents of an adopted child with special needs and also means the $0 payment to the adoptive parents or prospective adoptive parents receiving adoption assistance in the form of medical assistance and to the adoptive parents or prospective parents of a child at high risk.   [s. HFS 50.01(1)(q)]

“Motor vehicle” means a private automobile, motorcycle, van, bus or truck.  [s. HFS 56.03(27)]

“Multidisciplinary evaluation” means the process used by qualified professionals to determine eligibility for early intervention services under this section based on the child’s developmental status, the child’s health, physical condition and mental condition or the child’s atypical development.   [s. 51.44(1)(c)]

“Municipality” means a city, village or town.   [s. 938.361(1)(b)]

-N-

“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

   (a)  Opium and substances derived from opium, and any compound, derivative or preparation of opium or substances derived from opium, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation.  The term does not include the isoquinoline alkaloids of opium.

   (bm)  Synthetic opiate, and any derivative of synthetic opiate, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation.

   (c)  Opium poppy, poppy straw and concentrate of poppy straw.

   (d)  Any compound, mixture or preparation containing any quantity of any substance included in pars. (a) to (c).   [s. 961.01(15)]

“Native language”, when used with reference to an individual of limited English proficiency, means the language normally used by the individual.   [s. 115.76(11)]

“Neglect” means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical and mental health of a person.   [s. 46.986(1)(d)]

“Neglect” means failure, refusal or inability on the part of a parent, guardian, legal custodian or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.   [s. 48.981(1)(d); relates to this section]

“Neglect” means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of an individual with developmental disability or mental illness.   [s. 51.62(1)(br)]

“Neglect” means an act, omission or course of conduct by another that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of a patient or resident.   [s. 940.295(1)(k)]

“Negligent abuse” means an act, omission or course of conduct by another, if done negligently, that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:

   1.  Results in bodily harm or great bodily harm to a patient or resident.

   2.  Intimidates, humiliates, threatens or otherwise harasses a patient or resident.   [s. 940.295(1)(km)]

“Newborn” means a person whom a law enforcement officer, emergency medical technician, or a hospital staff member reasonably believes to be 72 hours old or younger.   [s. HFS 39.03(21)]

“Non-caregivers” means those individuals who do not meet any of the statutory definitions in s. 48.981(1)(am), Stats.  Included are: strangers, neighbors, adult acquaintances and other children who have never had supervisory responsibility for the child.  To be considered a non-caregiver, the individual alleged to have maltreated the child must not have ever supervised or exercised control over the child or shared the same dwelling.   [CPS Investigation Standards]

“Nonclient resident” means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.  [s. 48.685(1)(bm)]

“Nonidentifying social history information” means information about a person’s birth parent that may aid the person in establishing a sense of identity.  “Nonidentifying social history information” may include, but is not limited to, the following information about a birth parent, but does not include any information that would disclose the name, location or identity of a birth parent:

   (a)  Age at the time of the person’s birth.

   (b)  Nationality.

   (c)  Race.

   (d)  Education.

   (e)  General physical appearance.

   (f)  Talents, hobbies and special interests.

   (h)  Reason for placing the child for adoption or for the termination of parental rights.

   (i)   Religion.

   (k)  Family history.

   (m)  Personality traits of each parent.  [s.48.02(12m)]

“Nonlegally responsible relative” means a relative who assumes responsibility for the care of a child without legal custody, but is not in violation of a court order.  “Nonlegally responsible relative” does not include a relative who has physical custody of a child during a court-ordered visitation period.   [s. 767.08(1)(a)]

“Nonmarital child” means a child who is neither conceived nor born while his or her parents are lawfully intermarried, who is not adopted and whose parents do not subsequently intermarry under s. 767.60.   [s. 990.01(23m)]

“Nonmarital child” means a child whose biological parents are not married to each other.   [draft s. HFS 44.03(41)]

“Nonprofit corporation” means a nonstock corporation that is organized under Ch. 181, Stats., and that is a nonprofit corporation, as defined in s. 181.0103(17), Stats.   [s. 46.035(1)(c)]

“Nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which are not incurred in violation of State or Federal law.   [42 USC 673(a)(6)(A)]

“Nonsecure” means a child is not held or prevented from leaving against his or her will.   [s. HFS 59.02(6g)]

“Normalization” means making available to children in treatment foster care conditions of everyday life which are as close as possible to the conditions of life in mainstream society.   [s. HFS 38.03(19)]

“Nude or partially nude person” means any human being who has less than fully and opaquely covered genitals, pubic area or buttocks, any female human being who has less than a fully opaque covering over any portion of a breast below the top of the nipple, or any male human being with covered genitals in a discernably turgid state.   [s. 942.08(1)(a)]

“Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.   [s. 948.11(1)(d)]

“Nunc pro tunc order” means changing back to an earlier date of an order, judgment or filing of a document which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem that can be cured.  “Nunc pro tunc” orders are no longer acceptable for Title IV-E eligibility.  A nunc pro tunc order is an order in and of itself that provides new information to reflect back to a previous court order and that should have included specific information that was inadvertently omitted.  Nunc pro tunc literally means “now for then.”  Nunc pro tunc orders were used in the past for IV-E purposes when previous orders inadvertently omitted the required “contrary to the welfare” judicial finding for Title IV-E eligibility.   [IV-E Policy Manual]

“Nurse practitioner” means a registered nurse licensed under Ch. 441, Stats., who is currently certified as a nurse practitioner by a national certifying body that is recognized by the Wisconsin board of nursing.   [s. HFS 56.03(28)]

-O-

“Obscene material” means a writing, picture, film, or other recording that:

   1.  The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

   2.  Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

   3.  Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.   [s. 944.21(2)(c)]

“Obscene performance” means a live exhibition before an audience which:

   1.  The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

   2.  Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

   3.  Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.   [s. 944.21(2)(d)]

“Off-reservation trust land” means land in this state that is held in trust by the federal government for the benefit of a tribe or an American Indian and that is located outside the boundaries of a tribe’s reservation.   [938.02(12m)]

“Ongoing services worker” means the person who is responsible for the management of a case after initial assessment/investigation.  In counties where a team may be assigned a case, ongoing services worker means the individual who is primarily responsible for the case.   [CPS Ongoing Services Standards and Practice Guidelines]

“Orthopedic impairment” means a severe orthopedic impairment that adversely affects a child's educational performance.  The term includes, but is not limited to, impairments caused by congenital anomaly, such as clubfoot or absence of some member; impairments caused by disease, such as poliomyelitis or bone tuberculosis; and impairments from other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures.   [s. PI 11.36(2)]

“Osteopath” means a person holding a license or certificate of registration from the medical examining board.   [s. 990.01(28)]

“Other health impairment” means having limited strength, vitality or alertness, due to chronic or acute health problems.  The term includes but is not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or acquired injuries to the brain caused by internal occurrences or degenerative conditions, which adversely affects a child's educational performance.   [s. PI 11.36(10)]

“Other residents in a residential facility” means any other individuals placed in the same facility as the child alleged to have been maltreated.   [CPS Investigation Standards]

“Other secondary caregivers” means individuals who meet the definitions under s. 48.981(1)(am)5. to 8., Stats., but are not addressed by a more specific Standard (i.e., residential facility staff, licensed or certified day care staff or teachers and other school personnel).  This includes more distant relatives of the child, as defined by statute: first cousin, 2^nd cousin, nephew, niece, uncle, aunt, stepgrandparent, brother-in-law, sister-in-law, stepuncle or stepaunt.  In addition, it includes individuals who have provided care to children in or outside of their home, exercised temporary control over children or supervised children.  A non-exhaustive list includes babysitters and youth activity leaders.  The individual may be an adult or a child.   [CPS Investigation Standards]

“Outcome” means a broad statement of a positive and measurable behavior identified through the family assessment that will, if achieved, result in controlling or eliminating threats to child safety or reducing subsequent risk of maltreatment.  "Outcomes" may be identified at any time.   [CPS Ongoing Services Standards and Practice Guidelines]

“Out-of-home care” means care provided in a foster home, treatment foster home, the home of a relative, group home, residential care center for children and youth, supervised independent living facility, secure detention facility or shelter care facility to a child for whom a permanency plan is required but does not include care provided in a secured correctional facility as defined under s. 938.02(15m), Stats.  [draft s. HFS 44.03(42); CPS Ongoing Services Standards and Practice Guidelines]

“Out-of-home care” means care in a foster home, a treatment foster home, a group home under s.48.625, or a child caring institution under s.48.60, Stats.   [s. HFS 56.03(29)]

“Out-of-home care facility” means a placement (e.g., family foster homes, treatment foster homes, residential care centers, group homes) a child may enter when removed from the home.   [IV-E Policy Manual]

“Outpatient” means a person receiving treatment, care, services or supports from any service provider if the person receiving the services does not reside in a facility or home owned, operated or managed by the service provider.   [s. HFS 94.02(30)]

“Outpatient mental health treatment” means treatment and social services for mental illness, except psychotropic medications and 24-hour care and custody, provided by a treatment facility.   [s. 51.14(1)]

-P-

“Parent” means a parent who has legal custody, as defined in s. 767.001(2), of a child, or a guardian or legal custodian of a child, as defined in s. 48.02(8) and (11).   [s. 46.56(1)(j)]

“Parent” means a parent, guardian, legal custodian or a person acting in the place of a parent, but does not include a foster parent, treatment foster parent or any other paid care provider.   [s. 46.985(1)(f)]

“Parent” means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, Stats., or a parent by adoption.  If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, Stats., “parent” includes a person acknowledged under s. 767.62(1) or a substantially similar law of another state or adjudicated to be the biological father.  “Parent” does not include a person whose parental rights have been terminated.   [s. 48.02(13)]

“Parent” means any of the following:

   1.  A biological parent.

   2.  A husband who has consented to the artificial insemination of his wife under s. 891.40.

   3.  A male who is presumed to be the child's father under s. 891.41.

   4.  A male who has been adjudicated the child's father under subch. VIII of Ch. 48, under ss. 767.45 to 767.51, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state.

   5.  An adoptive parent.

   6.  A legal guardian.

   7.  A person acting as a parent of a child.

   8.  A person appointed as a sustaining parent under s. 48.428.

   9.  A person assigned as a surrogate parent under s. 115.792(1)(a)2.

   10.  A foster parent, if the right and the responsibility of all of the persons specified in subds. 1. to 5. to make educational decisions concerning a child have been extinguished by termination of parental rights, by transfer of guardianship or legal custody or by other court order, and if the foster parent has an ongoing, long-term parental relationship with the child, is willing to make the educational decisions that are required of a parent under this subchapter and has no interests that would conflict with the interests of the child.

   "Parent" does not include any of the following:

   1.  A person whose parental rights have been terminated.

   2.  The state, a county or a child welfare agency, if a child was made a ward of the state, county or child welfare agency under ch. 880 or if a child has been placed in the legal custody or guardianship of the state, county or child welfare agency under Ch. 48 or Ch. 767.

   3.  An American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency.   [s. 115.76(12)]

“Parent” means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, Stats., or a parent by adoption.  If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.767.60, Stats., “parent” includes a person acknowledged under s. 767.62(1) or a substantially similar law of another state or adjudicated to be the biological father.  “Parent” does not include a person whose parental rights have been terminated.   [s. 938.02(13)]

“Parent” means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, Stats., or a parent by adoption.  If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.767.60, Stats., “parent” includes a person adjudged in a judicial proceeding to be the biological father.  “Parent” does not include a person whose parental rights have been terminated.   [draft s. HFS 44.03(43)]

For an Indian child, “parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.  “Parent” does not include the unwed father where paternity has not been acknowledged or established.   [draft s. HFS 44.03(44)]

“Parent” means one of the following:

   (a)  A biological mother or a biological father of a newborn.

   (b)  A male who is presumed to be the father of a newborn under s. 891.41, Stats.   [s. HFS 39.03(22)]

“Parent” has the meaning specified in s. 48.02(13), Stats., or in s. 938.02(13), Stats.   [s. HFS 52.03(17)]

“Parent” means mother, father, or legal guardian.   [s. PI 19.02(4)]

“Parent” means birth, adoptive or step-parents, the child's guardian or legal custodian, a parent's partner or friend who resides full-time or part-time in the home and functions in a parent role, and any other adult who resides full-time or part-time in the home and functions in the parent role.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Parent” means the child's birth, adoptive or step-parent, the child's guardian or legal custodian, a parent's partner or friend who resides full-time or part-time in the home and functions in a parent role and any other adult who resides full-time or part-time in the home and functions in the parent role.   [CPS Ongoing Services Standards and Practice Guidelines]

“Parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.  It does not include the unwed father where paternity has not been acknowledged or established.   [ICWA]

“Parents” means biological or adoptive parents or legal guardians, as determined by applicable State law.   [42 USC 675(a)(2)]

“Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child.   [s. 940.16(1)(b)]

“Permanence goal” means a statement of the ultimate safe and stable living arrangement established for a child, including the location, the person or persons who will be the child’s primary caregivers and any long-term supports which may be necessary to assure that the living arrangement is safe and stable.  In cases where there is a concurrent permanency plan, an alternative permanence goal shall also be indicated in the plan.   [draft s. HFS 44.03(45)]

“Permanence goal” means a statement of the ultimate safe and stable living arrangement established for a child, including the location, the person or persons who will be the child’s primary caregivers and any long-term supports which may be necessary to ensure the safety and stability of this living arrangement.  [CPS Ongoing Services Standards and Practice Guidelines]

“Permanency hearing” means:

   (1)  The hearing required by section 475(4)(C) of the Act to determine the permanency plan for a child in foster care.  Within this context, the court (including a Tribal court) or administrative body determines whether and, if applicable, when the child will be:

   (i)  Returned to the parent;

   (ii)  Placed for adoption, with the State filing a petition for termination of parental rights;

   (iii)  Referred for legal guardianship;

   (iv)  Placed permanently with a fit and willing relative; or

   (v)  Placed in another planned permanent living arrangement, but only 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 follow one of the four specified reasons above.

   (2)  The permanency hearing must be held no later than 12 months after the date the child is considered to have entered foster care in accordance with the definition at s. 1355.20 of this part or within 30 days of a judicial determination that reasonable efforts to reunify the child and family are not required.  After the initial permanency hearing, subsequent permanency hearings must be held not less frequently than every 12 months during the continuation of foster care.  The permanency hearing must be conducted by a family or juvenile court or another court of competent jurisdiction or by an administrative body appointed or approved by the court which is not a part of or under the supervision or direction of the State agency.  Paper reviews, ex parte hearings, agreed orders, or other actions or hearings which are not open to the participation of the parents of the child, the child (if of appropriate age), and foster parents or preadoptive parents (if any) are not permanency hearings.   [s. 45 CFR 1355.20(a)]

“Permanency hearing” means a court hearing that must be held no later than 12 months after the child was removed from his or her home and no less frequently than every 12 months thereafter while the child remains in out-of-home care to determine the appropriateness of the permanency plan and at which the court shall make a finding of fact, as supported by the evidence, that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the permanence goal.   [draft s. HFS 44.03(46)]

“Permanency plan”, while it may be described in the case plan or may be a portion of the case plan, is what the planned permanency living arrangement will be for the child, e.g., reunification with the family, or adoption.  We understand that some States use the term "permanency plan" synonymously with "case plan," because it conveys what the case plan is designed to accomplish.  We do not believe that it is necessary to require States to use distinct terminology, as long as States meet the requirements of the statute and regulations.   [Federal Comment on s. 45 CFR 1356.21(g)]

“Permanency plan” means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.   [s. 48.38(1)(b)]

“Permanency plan” means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.   [s. 938.38(1)(b)]

“Permanency plan” means the plan required under s. 48.38, Stats., for reuniting a foster child with the child’s family or arranging for another permanent placement.   [s. HFS 38.03(20)]

“Permanency plan” means a plan required under ss. 48.38(2) and 938.38(2), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with his or her family, whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.   [draft s. HFS 44.03(47)]

“Permanency plan” means a plan required under s. 48.38(1)(b), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with his or her family whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.  [draft s. HFS 44.03(33); CPS Ongoing Services Standards and Practice Guidelines]

“Permanency plan” means a plan required under s. 48.38(2), Stats., that is designed to ensure that a child placed in a residential care center is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.   [s. HFS 52.03(18)]

“Permanency plan” means a plan required under s. 48.38(2), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with his or her family whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.   [s. HFS 56.03(30)]

“Permanency planning consultant” means a state adoption specialist.   [CPS Ongoing Services Standards and Practice Guidelines]

“Permanency plan review” or “plan review” or “permanency planning hearing” means the formal review of a child’s permanency plan conducted by a court or by a review panel appointed by the court.   [draft s. HFS 44.03(48)]

“Permanency plan review” means a review that is required every six months for children that have been removed from their home.  A review is required to determine the permanency plan for the child, including the permanence goal and planned actions to achieve the goal.  The court or administrative body will determine whether and, if applicable, the child will be:

·         Returned to the parent;

·         Placed for adoption with the state, including filing a petition for termination of parental rights;

·         Referred for legal guardianship;

·         Placed permanently with a fit and willing relative; or

·         Placed in another planned permanent living arrangement, but only after the other permanence goals have been considered and a compelling reason has been documented why the other permanence goals were not selected for the child.   [IV-E Policy Manual]

“Permanency planning review summary” means a written summary prepared by the agency of the determinations made by the review panel and findings of fact made by the court in reviewing a child’s permanency plan.   [draft s. HFS 44.03(49)]

“Person acting as a parent of the child” means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological or adoptive parents or guardian.  "Person acting as a parent of the child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.   [s. 115.76(13)]

“Personal identifying information” means any of the following information:

   1.  An individual’s name.

   2.  An individual’s address.

   3.  An individual’s telephone number.

   4.  The unique identifying driver number assigned to the individual by the department of transportation under s. 343.17(3)(a)4.

   5.  An individual’s social security number.

   6.  An individual’s employer or place of employment.

   7.  An identification number assigned to an individual by his or her employer.

   8.  The maiden name of an individual’s mother.

   9.  The identifying number of a depository account, as defined in s. 815.18(2)(e), of an individual.

   10.  An individual’s taxpayer identification number.

   11.  An individual’s deoxyribonucleic acid profile, as defined in s. 939.74(2d)(a).

   12.  Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

   a.  An individual’s code or account number.

   b.  An individual’s electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.

   c.  Any other means of account access.

   13.  An individual’s unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.

   14.  Any other information or data that is unique to, assigned to, or belongs to an individual that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

   15.  Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.   [s. 943.201(1)(b)]

“Personal search” means a search of the patient’s person, including the patient’s pockets, frisking his or her body, an examination of the patient’s shoes and hat and a visual inspection of the patient’s mouth.   [s. HFS 94.02(33)]

“Person responsible for the child’s welfare” includes the child’s parent, stepparent or guardian; an employee of a public or private residential home, institution or agency in which the child resides or is confined or that provides services to the child; or any other person legally responsible for the child’s welfare in a residential setting.   [s. 939.45(5)(a)3.

“Person responsible for the child's welfare” includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.   [s. 948.01(3)]

“Persons responsible for a child’s welfare” means any person who has legal or other recognized duty for the care and safety of a child, including—

   (A)  any employee or volunteer of a children’s residential facility, and

   (B)  any person providing out-of-home care, education, or services to children.   (ICP)

“Petition” means a formal written application to a court requesting judicial action on a certain matter; it initiates legal proceedings.  The “petition” plainly states the facts that bring the child within the jurisdiction of the court and what action is being sought from the court.   [IV-E Policy Manual]

“Physical crisis intervention” means that a staff member physically intervenes with a resident when the resident’s behavior is imminently dangerous to life, health or safety of the resident or others, or threatens significant destruction of property.   [s. HFS 52.42(1)(d)]

“Physical custody” means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.  [s. 48.02(14); s. 938.02(14)]

“Physical hold restraint” means that a resident is temporarily physically restrained by a staff member.   [s. HFS 52.42(1)(f)]

“Physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm, as defined in s. 939.22(14).   [s. 48.02(14g)]

“Physically disabled” means having a condition that affects one’s physical functioning by limiting mobility or the ability to see or hear; that is the result of injury, disease or congenital deficiency and that significantly interferes with or limits at least one major life activity and the performance of one’s major personal or social roles.   [s. 46.27(11)(a)]

“Physically enforced separation” means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit.  “Physically enforced separation” does not include sending a resident on the resident’s own volition to the resident’s room or another area for a cooling off period as part of a de-escalation technique.   [s. HFS 52.42(1)(e)]

“Physical or mental health treatment services” means treatment for physical or orthopedic disability, developmental disability, emotional disturbance, hearing impairment, visual disability, speech or language disability; and includes itinerant services such as evaluative and diagnostic services.   [s. 118.255(1)(a)]

“Physical placement” means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.   [s. 767.001(5)]

“Physical placement” has the meaning given in s. 767.001(5).   [s. 948.01(3m)]

“Physical punishment” means inflicting any kind of physical pain or discomfort on a child by means that include but are not limited to hitting, slapping, spanking, punching, shaking, kicking, biting or washing out a child’s mouth with soap.   [s. HFS 56.03(31)]

“Physical removal” means that the agency has physically removed the child from the home of a specified relative.   [IV-E Policy Manual]

“Physical restraint” includes all of the following:

   (a)  A locked room.

   (b)  A device or garment that interferes with a child’s freedom of movement and that the child is unable to remove easily.

   (c)  Restraint by a child welfare agency staff member of a child by use of physical force.  [s. 48.599(1); relates to this subchapter]

“Physical restraint” includes all of the following:

   1.  A locked room.

   2.  A device or garment that interferes with an individual’s freedom of movement and that the individual is unable to remove easily.

   3.  Restraint by a treatment facility staff member of a person admitted or committed to the treatment facility, by use of physical force.   [s. 51.64(1)(a)]

“Physical restraint” means any physical hold or apparatus, excluding a medical restraint or mechanical support, that interferes with the free movement of a person’s limbs and body.   [s. HFS 94.02(34)

“Physician” has the meaning designated in s. 448.01(5).   [s. 940.22(1)(b)]

“Physician” means a person holding a license or certificate of registration from the medical examining board.   [s. 990.01(28)]

“Physician” has the meaning prescribed in s. 448.01(5), Stats.   [s. HFS 52.03(19)]

“Physician” means a person licensed to practice medicine or osteopathy under Ch. 448, Stats.   [s. HFS 56.03(32)]

“Physician assistant” means a person certified under Ch. 448, Stats., to perform patient services under the supervision and direction of a physician.   [s. HFS 56.03(33)]

“Placement” means the arrangement for the care of a child in a family free or boarding home, in a child-caring agency, or in a residential care center for children and youth, but does not include any institution caring for the mentally ill, mentally defective, or epileptic, any institution primarily educational in character, or any hospital or other medical facility.   [s. 48.988(2)(b)]

“Placement” means the act, by  the agency, of arranging for the residence of a child in a licensed facility or with relatives, either through a voluntary placement agreement or a court order.   [CPS Ongoing Services Standards and Practice Guidelines]

“Placement” means the physical setting in which a child resides.  This occurs after removal.  A new placement occurs when a change of placement occurs.   [IV-E Policy Manual]

“Place of prostitution” means any place where a person habitually engages, in public or in private, in nonmarital acts of sexual intercourse, sexual gratification involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact for anything of value.   [s. 939.22(24)]

“Placing agency” means the public or private agency authorized under s.48.57 or 48.61, Stats., to place children in foster care.   [s. HFS 37.03(12)]

“Poor person” means a resident of a community served by a community action agency, whose income is at or below 125% of the poverty line.   [s. 46.30(1)(b)]

“Post-secondary credit” means the credit given for successful completion of a course in a college, university, or TCS district which meets requirements for the institution’s post-secondary certificate, diploma, or associate, bachelors’ or advanced degree.   [s. PI 5.02(10)]

“Poverty line” means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under  42 USC 9902(2).   [s. 46.30(1)(c)]

“Preadoptive placement” means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement.   [ICWA]

“Premises” means the foster home and the tract of land on which it is situated, including all other buildings and structures on that land.   [s. HFS 56.03(34)]

“Prevention” means action to reduce the instance, delay the onset or lessen the severity of mental disorder, before the disorders may progress to mental illness, by reducing risk factors for, enhancing protections against and promptly treating early warning signs of mental disorder.   [s. 51.03(1g)(c)]

“Previous professional help” means the suggestion that a record of the experience exists and is known.  This applies to the parents' adult lives and should relate to problems that are pertinent to risk and safety.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Primary caretaker” means a child’s parent, guardian, legal custodian, grandparent, stepparent, brother, sister, stepbrother, stepsister, half brother or half sister and anyone who shares the child’s dwelling, regularly or intermittently, or has done so in the past.   [CPS Investigation Standards]

“Private child-placing agency” means an agency licensed by the department under s. 48.60, Stats., to license treatment foster homes and to place children in treatment foster homes.   [s. HFS 38.03(21)]

“Private child-placing agency” means an agency licensed under s. 48.60, Stats., and Ch. HFS 54 to provide foster care or to provide services to children in out-of-home care.   [draft s. HFS 44.03(50)]

“Privately-operated shelter care facility” means a facility operated by persons who are not county employees and from whom a county board of supervisors purchases services pursuant to s. 938.22(5), Stats.   [s. HFS 59.02(8)]

“Probation, extended supervision and parole agent” means any person authorized by the department of corrections to exercise control over a probationer, parolee or person on extended supervision.   [s. 940.20(2m)(a)2.]

“Probation, extended supervision or parole” means any kind of conditional release of juveniles authorized under the laws of the states party hereto.   [s. 938.991(3)(c)]

“Professional” means a person who is a Wisconsin certified alcohol or drug abuse counselor or a person with at least a bachelor's degree from an accredited college or university who has specialized training to do therapy or counseling or to provide other treatment services or a social worker licensed under s. 457.08, Stats.   [s. HFS 52.03(20)]

“Program” means community services and facilities for the prevention and amelioration of social, mental and physical disabilities.   [s. 46.23(2)(b)]

“Progress records” means those pupil records which include the pupil's grades, a statement of the courses the pupil has taken, the pupil's attendance record, the pupil's immunization records, any lead screening records required under s. 254.162 and records of the pupil's school extracurricular activities.   [s. 118.125(1)(c)]

“Property” means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a chose [sic] in action or other intangible rights.   [s. 943.20(2)(b)]

“Protective plan” means a short-term plan that is put in place to keep a child safe in response to present danger threats that are generally obvious conditions are identified during the course of an initial assessment, but prior to the completion of the initial assessment.   [draft s. HFS 44.03(51)]

“Protective plan” means a plan that is put in place to keep a child safe in response to present danger.  These are generally obvious conditions that are identified during the course of an investigation, but prior to completion of all information gathering.  "Protective plans" are implemented quickly following an assessment of present danger, in order to control that danger while the initial assessment/investigation of the family is being completed.  A "protective plan" may be put in place at the first face-to-face contact or at any time during the initial assessment/investigation.  A "protective plan" controls dangerous conditions, but is not designed to change the behavior of persons endangering a child.  A "protective plan" may be managed by the family or by the agency, depending upon family conditions.  However, because limited information is known about family members and conditions at this point, "protective plans" are generally managed by the agency.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Protective plan” means a plan implemented to keep a child safe in response to identified threats of present danger.  A protective plan differs from a safety plan in that it is implemented immediately following an assessment of present danger, but prior to completion of all the information gathering needed to evaluate threats of impending danger.   [CPS Ongoing Services Standards and Practice Guidelines]

“Providing agency” means the agency responsible for providing day-to-day services for a child in treatment foster care which may be a county agency, a private child-placing agency or other human services agency.  [s. HFS 38.03(22)]

“Psychiatrist” means a physician licensed under ch. 448, Stats., to practice medicine and surgery who has satisfactorily completed 3 years of residency training in psychiatry or child psychiatry in a program approved by the accreditation council for graduate medical education and is either certified or eligible for certification by the American board of psychiatry and neurology.   [s. HFS 52.03(21)]

“Psychologist” means a person who practices psychology, as described in s. 455.01(5).   [s. 940.22(1)(c)]

“Psychotherapy” has the meaning designated in s. 455.01(6).   [s. 940.22(1)(d)]

“Psychotropic medication” means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.   [s. 48.599(2); s. 51.64(1)(b)]

“Psychotropic medication” means any drug that affects the mind and is used to manage inappropriate resident behavior or psychiatric symptoms, which may include an antipsychotic, an antidepressant, lithium carbonate or a tranquilizer.   [s. HFS 52.46(5)(a)]

“Public agency” has the meaning given in s. 146.70(1)(f), Stats.   [s. HFS 39.03(23)]

“Public employee” means any person, not an officer, who performs any official function on behalf of the state or one of its subordinate governmental units and who is paid from the public treasury of the state or subordinate governmental unit.   [s. 939.22(30)]

“Public licensing agency” means a county department or, in a county having a population of 500,000 or more, the department.   [s. 48.75(1b)]

“Publicly-operated shelter facility” means a facility operated by a county board of supervisors pursuant to s. 938.22(1).   [s. HFS 59.02(9)]

“Public officer” means any person appointed or elected according to law to discharge a public duty for the state or one of is subordinate governmental units.   [s. 939.22(30)]

“Public safety agency” has the meaning given in s. 146.70(1)(g), Stats.   [s. HFS 39.03(24)]

“Public safety worker” means an emergency medical technician licensed under s. 146.50, a first responder certified under s. 146.50(8), a peace officer, a fire fighter, or a person operating or staffing an ambulance.  

[s. 941.375(1)(b)]

“Pupil assistance program” means a program provided by a school board under s. 115.361 to intervene in the abuse of alcohol and other drugs by pupils.   [s. 938.02(14m)]

“Pupil physical health records” means those pupil records that include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any lead screening records required under s. 254.162, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information, as determined by the state superintendent.   [s. 118.125(1)(cm)]

“Pupil records” means all records relating to individual pupils maintained by a school but does not include any of the following:

   1.  Notes or records maintained for personal use by a teacher or other person who is required by the state superintendent under s. 115.28(7) to hold a certificate, license or permit if such records and notes are not available to others.

   2.  Records necessary for, and available only to persons involved in, the psychological treatment of a pupil.   [s. 118.125(1)(d)]

“Pupil services personnel” means school psychologists, school social workers, and school counselors licensed under Ch. PI 3 and registered nurses licensed through the department of regulation and licensing employed by the school district or CESA.   [s. PI 19.02(6)]

“Pupil services professional” means a school counselor, school social worker, school psychologist or school nurse.   [s. 118.257(1)(c)]

“Purchasing agency” means the agency which is purchasing treatment foster care services from a providing agency and which is usually a county agency but may be a private child-placing agency.   [s. HFS 38.03(23)]

-Q-

“Qualified alien” means, but is not limited to a legal alien with permanent residency, an alien who is granted asylum, a refugee admitted under federal law, an alien whose deportation is being withheld, a Cuban or Haitian entrant, and an alien or the child or parent of an alien who has been battered or subjected to extreme cruelty in the United States.   [IV-E Policy Manual]

-R-

“Reasonable effort” means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court which takes into consideration the characteristics of the parent or child or of the expectant mother or child, the level of cooperation of the parent or expectant mother and other relevant circumstances of the case.   [s. 48.415(2)(a)2.; relates to this subdivision]

“Reasonable efforts to achieve the goal of the permanency plan” means the activities of an agency that are found by the court to be sufficient and adequate, even if unsuccessful, to meet the needs of a child or a child’s family so that the child can be safety reunited with his or her family or placed in another safe and stable placement or that the health and safety of the juvenile and the community can be protected.   [draft s. HFS 44.03(53)]

“Reasonable efforts to prevent removal” means the activities of an agency that are found by the court to be sufficient and adequate, even if unsuccessful, to control any threat to the child’s safety through the provision of in-home services, to meet  child’s special needs through the provision of in-home services, and to control the behavior of a child that jeopardizes the safety of other persons in the home or in the community through the provision of in-home services.   [draft s. HFS 44.03(54)]

“Reasonably believes” means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable even though erroneous.   [s. 939.22(32)]

“Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.   [s. 48.988(2)(c)]

“Reckless abuse” means an act, omission or course of conduct by another, if done recklessly, that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:

   1.  Results in bodily harm or great bodily harm to a patient or resident.

   2.  Intimidates, humiliates, threatens, frightens or otherwise harasses a patient or resident.   [s. 940.295(1)(n)]

“Recklessly” means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child.   [s. 948.03(1)]

“Record” means any document relating to the investigation, assessment and disposition of a report under this section.   [s. 48.981(1)(f)]

“Record” means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.   [s. 118.125(1)(e)]

“Recovery” means the process of a person’s growth and improvement, despite a history of mental illness or alcohol or other drug abuse, in attitudes, feelings, values, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person’s highest level of health, wellness, stability, self-determination and self-sufficiency.   [s. 51.03(1g)(d)]

“Referring physician” means a physician who refers a minor to another physician for the purpose of obtaining an abortion.   [s. 48.355(2)(h)]

“Registration” means the listing of information about special needs children or the listing of information about approved prospective adoptive families with the adoption information exchange for the purpose of locating a prospective adoptive family.   [s. HFS 50.01(1)(r)]

“Regular” means, in terms of direct contact with clients, contact that is scheduled, planned, expected, or otherwise periodic.   [s. HFS 12.03(16)]

“Regulatory approval” means:

   (a)  For purposes of s. 48.685, Stats., any of the following:

   1.  Issuance by the department of a license or certification or the continuation or renewal of a license or certification, or approval of a prospective adoptive parent application for a home study.

   2.  Issuance or renewal by a county department or child-placing agency of a foster home or treatment foster home license under s. 48.62 or 48.75, Stats., including a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats., and includes approval of pre-adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption.

   3.  Approval by a school board under s. 120.13(14), Stats., of day care services established by or contracted with a day care provider.

   (b)  For purposes of s. 50.065, Stats., issuance by the department of an entity license, certification, certificate of approval or registration, or approval by the department of the continuation of an entity license, certification, certificate of approval or registration.   [s. HFS 12.03(17)]

“Rehabilitation review” refers to an agency or tribal process where a person who is eligible under s. 48.685(5)(a) or 50.065(5), Stats., may seek the removal of a bar from regulatory approval, from employment as a caregiver at or contracting with an entity, or from residency at an entity.   [s. HFS 12.03(18)]

“Related assistance” (A) includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate health-care services (including alcohol and drug abuse treatment), and

   (B)  may include food, clothing, child care, transportation, and emergency services for victims of family violence and their dependents.   (ICP)

“Relative” means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt.  This relationship shall be by blood, marriage, or adoption.   [s. 48.02(15)]

“[Long-term kinship care or Kinship care] relative” means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.   [s. 48.57(3m)(a)2.; s. 48.57(3n)(a)2.]

“Relative” means a relative as defined in s. 48.02(15) or a person specified in s. 48.57(3m)(a)2.   [s. 48.977(1)]

“Relative” means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle, or stepaunt.   [s. 48.981(1)(fm); relates to this section]

“Relative” means any person connected with a child by blood, marriage or adoption.   [s. 767.08(1)(b)]

“Relative” means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by blood, marriage, or adoption.   [s. 938.02(15)]

“Relative” means a parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, brother-in-law, sister-in-law, first cousin, 2^nd cousin, nephew, niece, uncle, aunt, step-uncle, step-aunt or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether this relationship is by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.  If the child is an Indian child, "relative" also includes extended family members as defined by the law or custom of the Indian child’s tribe.   [draft s. HFS 44.03(56)]

“Relative” means an adult who is the child's stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.   [s. HFS 58.03(18)]

“Relative” means whomever the family identifies as a relative when referencing general treatment and support options.  Depending upon its use in other parts of this document, one of the following statutory definitions of relative applies:

·         "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt.  This relationship may be by blood, marriage or legal adoption.  [s. 48.02(15), Stats.]

·         "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle or stepaunt.  [s. 48.981(1)(fm), Stats.]

·         "Relative," for purposes of Kinship Care, means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.  [s. 48.57(3m)()a)2. and s. 48.57(3n)(a)2., Stats.]        [CPS Ongoing Services Standards and Practice Guidelines]

“Relief help” means an individual who irregularly and infrequently replaces caretakers for brief periods of time.  An individual regularly scheduled to replace a caretaker on days off or for prolonged periods is not relief help but an additional caretaker.   [s. HFS 57.02(13)]

“Relief help” means an individual who is used to replace shelter care workers on an unscheduled basis and for  few hours or few days at a time.  An individual regularly scheduled to replace shelter care workers on days off or for vacations and other prolonged periods is not relief help but an additional shelter care worker.   [s. HFS 59.02(10)]

“Relinquish” means to voluntarily give the physical person of a newborn to a law enforcement officer, emergency medical technician, or hospital staff member.   [s. HFS 39.03(25)]

“Removal” means either the physical act of taking a child from his or her normal place of residence either by court order or a voluntary placement agreement and placing the child in a substitute care setting or the removal of custody from the parent or relative guardian pursuant to a court order or voluntary placement agreement which permits the child to remain in a substitute care setting.   [IV-E Policy Manual]

“Removal home” means the removal home is the home of the specified relative from which the child was considered removed (whether it was a physical removal or a constructive removal) when determining if the child met the AFDC relatedness criteria.   [IV-E Policy Manual]

“Reporter” means a person who reports suspected abuse or neglect or a belief that abuse or neglect will occur under this section.  [s. 48.981(1)(g); relates to this section]

“Requester” means a person specified in s. 48.432(3)(a), Stats., who is seeking medical and genetic information, or a person specified in s. 48.433(3), Stats., who wants his or her original birth certificate or is seeking information about birth parent identity and location.   [s. HFS 53.01(2)(q)]

“Reservation” means land in this state within the boundaries of a federally recognized reservation of an Indian tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.   [s. 46.515(1)(h)]

“Reservation” means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.  [s. 48.685(1)(br)]

“Reservation” means land in this state within the boundaries of the reservation of a tribe.   [s. 938.02(15c)]

“Reservation” means Indian country as defined in Section 1151 of Title 18 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation.   [ICWA]

“Residence” or any variant thereof means a place at which a home or regular place of abode is maintained.   [s. 938.991(3)(d)]

“Resident” means a person placed while under 18 years of age or a person placed when 18, 19 or 20 years of age and under juvenile court jurisdiction or a person under age 18 and placed under a contract or agreement with a parent or guardian or placed under a court order, who was admitted to and resides in a center.   [s. HFS 52.03(22)]

“Residential care center for children and youth” means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of children residing in that facility.   [s. 48.02(15d); s. 115.76(14g)]

“Residential care center for children and youth” means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of persons residing in that facility.   [s. 938.02(15d)]

“Residential care center for children or youth” means a facility required to be licensed as a child welfare agency under s. 48.60, Stats., and Ch. HSS 52 that provides residential treatment and care and maintenance for children, youth and young adults.   [draft s. HFS 44.03(57)]

“Residential care center for children and youth” or “center” or “RCC” means a residential facility required to be licensed as a child welfare agency under s.48.60, Stats., that provides residential treatment and custodial services for children, youth and young adults ages 18, 19 or 20.   [s. HFS 52.03(23)]

“Residential facility staff” means all employees and volunteers working in secured correctional facilities, state mental health institutions, state centers for the developmentally disabled, juvenile (secure and non-secure) detention facilities, child caring institutions (CCIs), group homes and shelter care facilities.  This is not an exhaustive list.   [CPS Investigation Standards]

“Respite care” has the meaning given under s. 50.01(6g).   [s. 46.27(1)(dm)]

“Respite care” means care that is provided to a person with special needs, or a person at risk of abuse or neglect, in order to provide temporary relief to the caregiver of that person or when the caregiver is unable to provide care.   [s. 46.986(1)(f)]

“Respite care” means the treatment foster care services provided to a foster child during a planned absence of the treatment foster parents.   [s. HFS 38.03(24)]

“Respite care” means temporary care for a child or youth with a disability or special care need, usually on behalf of a parent or regular caregiver for the purpose of providing relief to the parent or regular caregiver from the extraordinary and intensive demands of providing ongoing care for the child or youth, but also for when a parent or regular caregiver may be at risk of abusing a child or youth due to stress and, therefore, requires relief from caregiver duties, or the parent or regular caregiver is in a crisis situation that can be alleviated by providing temporary relief from caregiver duties.   [s. HFS 52.59(2)(a)]

“Respite care services episode” or “episode” means a period of time during which respite care is provided to a parent or regular caregiver by placing a child or youth, otherwise under parent’s or regular caregiver’s care, at a residential care center.   [s. HFS 52.59(2)(b)]

“Respite care services program” means a center-provided program of respite care services for a child or youth with a disability or special need on behalf of a parent or regular caregiver and includes, for the child or youth, individualized personal care and services at the level necessary to meet the child’s or youth’s immediate needs, along with room and board provided in comfortable surroundings.   [s. HFS 52.59(2)(c)]

“Responsible care provider” means a person the foster parent believes has the ability and maturity to care for a foster child for the time that the foster child will be in that person's care.   [s. HFS 56.03(35)]

“Responsible local educational agency” means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth except that if the child resided in an institution or facility operated by the Department of Health and Family Services, a Type 1 secured correctional facility, as defined in s. 938.02(19), or a Type 1 prison, as defined in s. 301.01(5), before the placement of the child in a residential care center for children and youth, “responsible local educational agency” means the school district in which the residential care center for children and youth is located.   [s. 115.81(1)(b)]

“Restricted controlled substance” means any of the following:

   (a)  A controlled substance included in schedule I under Ch. 961 other than a tetrahydrocannabinol.

   (b)  A controlled substance analog, as defined in s. 961.01(4m), of a controlled substance described in par. (a).

   (c)  Cocaine or any of its metabolites.

   (d)  Methamphetamine.

   (e)  Delta-9-tetrahydrocannabinol.   [s. 939.22(33)]

“Risk of maltreatment” means the likelihood of future maltreatment.  Risk exists on a continuum of low to high risk.  "High risk" means a high probability of future maltreatment.  "Future maltreatment" means any type of maltreatment, mild to severe, at any time in the future.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Rural county” means a county that is not an urban county.   [s. 46.515(1)(i)]

-S-

“Sadomasochistic abuse” means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.   [s. 948.01(4)]

“Safety” means the absence of conditions that are likely to result in severe harm to the child in the immediate future and the presence of one or more adults who routinely demonstrate protective capacities.  A child is unsafe if there are threatening family conditions that are out-of-control, can be expected to occur immediately or in the very near future and are likely to result in severe consequences for the child.  Severe consequences include harm that is permanent in that it impairs the child's successful physical, emotional or mental maturation, or harm that is severe, even though the disability is not permanent (such as a broken bone).   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Safety” means the absence of conditions that are likely to result in severe harm to the child in the immediate future and the presence of one or more adults who routinely demonstrate protective capacities.   [CPS Ongoing Services Standards and Practice Guidelines]

“Safety plan” means a plan put in place to immediately control known threats to child safety following completion of all required information gathering.  This is an assessment of impending danger, which is comprehensive and requires a complete analysis of family conditions in order to make a judgment as to whether the child is likely to be unsafe over the next 30 days or so.  A "safety plan" provides external control over conditions making a child unsafe, but is not designed to change the behavior of persons endangering the child.  The "safety plan", if needed, is put in place at the close of the investigation and must control the conditions making the child unsafe until treatment services are in place and can begin to have an effect on family member functioning.  A "safety plan" may be managed by the family or by the agency, depending upon family conditions.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Safety plan” means a plan implemented immediately following completion of a safety assessment or safety re-assessment to control known threats to child safety.  The plan includes a complete analysis of impending danger threats and family conditions in order to make decisions about the types and frequency of services that will effectively control the threats to safety.   [CPS Ongoing Services Standards and Practice Guidelines]

“Safety services” means formal or informal services that will have an immediate effect on controlling the conditions making the child unsafe.  They may be provided by professional service providers in the community, para-professionals, or members of the family's community, extended family or support network.  "Safety services" are not aimed at changing a person's behavior.  They may, however, positively influence parental behavior in addition to controlling dangerous conditions. . . A "safety service" may provide this secondary benefit of influencing change, but its primary purpose is to provide immediate control of threats to a child's safety.   [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.   [s. 118.257(1)(d); 948.61(1)(b)]

“School” means a public or private elementary or secondary school.   [s. 948.095(1)(a)]

“School age parent” means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days.   [s. 115.91]

“School age parent” means any person under the age of 21 who is not a high school graduate and is a parent, an expectant parent or a person who has been pregnant within the immediately preceding 120 days.  School age parent does not include any person whose parental rights have been terminated.   [s. PI 19.02(7)]

“School attendance officer” means an employee designated by the school board to deal with matters relating to school attendance and truancy.  “School attendance officer” does not include an individual designated under sub. (2m)(a) to take into custody a child who is absent from school without an acceptable excuse under s. 118.15 unless that individual has also been designated by the school board to deal with matters relating to school attendance and truancy.   [s. 118.16(1)(b)]

“School board” means the school board or board of school directors in charge of the schools of a school district.   [s. HFS 12.03(19)]

“School district clerk” means the school district clerk of a 3-member school board elected by the electors in a common or union high school district, the school district clerk elected by the school board in a unified, common or union high school district having a school board of more than 3 members and the clerk designated by the school board in a 1^st class city school district.   [s. 115.001(10)]

“School employee” means a person employed by a school board who comes in contact with children or who handles or prepares food for children while they are under the supervision of school authorities.   [s. 118.25(1)]

“School nurse” means a registered nurse licensed under Ch. 441 or in a party state, as defined in s. 441.50(2)(j), who is also certified by the department as being qualified to perform professional nursing services in a public school.   [s. 115.001(11)]

“School premises” means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.   [s. 939.632(1)(c); s. 948.61(1)(c)]

“School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.  

[s. 948.095(1)(b)]

“School term” means the time commencing with the first school day and ending with the last school day that the schools of a school district are in operation for attendance of pupils in a school year, other than for the operation of summer classes.  [s. 115.001(12)]

“School within a school” means a 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 is housed in a space specifically dedicated to it in a public school.   [s. 118.153(5)(a)2.]

“School zone” means any of the following:

   1.  On the premises of a school.

   2.  Within 1,000 feet from the premises of a school.

   3.  On a school bus or public transportation transporting students to and from a public or private school.

   3m.  At school bus stops where students are waiting for a school bus or are being dropped off by a school bus.   [s. 939.632(1)(c)]

“School zone” means any of the following:

   1.  In or on the grounds of a school.

   2.  Within 1,000 feet from the grounds of a school.   [s. 948.605(1)(c)]

“Screening” means a department procedure to determine which inquiring families appear best able to meet current needs for adoptive homes for special needs children by comparing information provided by a person making an inquiry against program eligibility requirements and the published description of homes needed for children in the months prior to the beginning of the next screening process.   [s. HFS 51.03(17)]

“Screen in/screen out” means the decision to accept or not accept a report of alleged child maltreatment or threatened maltreatment for assessment/investigation, based on whether the allegation, if true, meets statutory definitions of child maltreatment and threatened maltreatment.  A report that is "screened in" is accepted for assessment/investigation.  A report that is "screened out" is closed without an assessment/investigation.   [CPS Ongoing Services Standards and Practice Guidelines]

“Seclusion” means that form of isolation in which a person is physically set apart by staff from others through the use of locked doors.   [s. HFS 94.02(40)]

“Secondary caretakers” means those individuals described under s. 48.091(1)(am)5. to 8., Stats.  In general, the category includes two groups - individuals who have provided care, supervised or exercised control over the child and more distant relatives.  An individual is considered a "secondary caretaker" if the child's parent, guardian or legal custodian expects that individual to handle emergencies, meet the child's physical needs and direct the child's behavior, as age appropriate, during the time they are together.  The individual may provide care under formal or informal circumstances. . . This category includes: staff at child caring institutions, juvenile correction facilities or other residential facilities, day care center staff, family day care providers, babysitters, teachers, other school staff, scout leaders and other youth activity leaders.  This list is not exhaustive.   [CPS Investigation Standards]

“Second-chance home” means a group home described in s. 48.625(1m).   [s. 46.997(1)(c)]

“Secured child caring institution” means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66(1)(b) to hold in secure custody persons adjudged delinquent.   [s. 938.02(15g)]

“Secured correctional facility” means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent.  "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533(3)(b), 938.538(4)(b) or 938.539(5).   [s. 938.02(15m)]

“Secured correctional facility” has the meaning given in s. 938.02(15m), Stats.   [draft s. HFS 44.03(58)]

“Secure detention facility” means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.   [s. 48.02(16); draft s. HFS 44.03(45)]

“Secure detention facility” means a locked facility approved by the department under s. 301.36 for the secure, temporary holding in custody of juveniles.   [s. 938.02(16)]

“Secured group home” means a group home that is licensed under s. 48.66(1)(b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34(4m).   [s. 938.02(15p)]

“Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.   [s. 48.988(2)(d)]

“Serious child sex offense” means any of the following:

   a.  A violation of s. 948.02, 948.025, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.095 or 948.30 or, if the victim was a minor and the convicted person was not the victim’s parent, a violation of s. 940.31.

   b.  A crime at any time under federal law or the law of any other state or, prior to July 16, 1998, under the law of this state that is comparable to a crime specified in subd. 1m.a.   [s. 939.62(2m)(a)1m.]

“Serious child sex offense” means any of the following:

   (a)  A crime under s. 940.22(2) or 940.225(2)(c) or (cm), if the victim is under 18 years of age at the time of the offense, or a crime under s. 948.02(1) or (2), 948.025(1), 948.05(1) or (1m), 948.06, 948.07(1), (2), (3), or (4), or 948.075.

   (b)  A crime under federal law or the law of any other state or, prior to May 7, 1996, under the law of this state that is comparable to a crime specified in par. (a).   [s. 948.13(1)]

“Serious crime” means a violation of s. 940.19(3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19(2), (4), (5) or (6), 940.22(2) or (3), 940.225(1), (2) or (3), 940.285(2), 940.29, 940.295, 948.02(1) or (2), 948.025, 948.03(2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11(2)(a) or (am), 948.12, 948.13, 948.21(1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19(3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19(2), (4), (5) or (6), 940.22(2) or (3), 940.225(1), (2) or (3), 940.285(2), 940.29, 940.295, 948.02(1) or (2), 948.025, 948.03(2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11(2)(a) or (am), 948.12, 948.13, 948.21(1) or 948.30 if committed in this state.  [s. 48.685(1)(c)]

“Serious emotional disturbance” has the meaning given in 42 USC 290ff-4(d)(4).   [s. 46.485(1)(c)]

“Serious emotional symptoms” means that the child’s condition has immediate implications for intervention, such as extreme emotional vulnerability and suicide prevention. [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Serious felony” means any of the following:

   1.  The commission of, the aiding or abetting of, or the solicitation, conspiracy or attempt to commit, a violation of s. 940.01, 940.02, 940.03 or 940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.01, 940.02, 940.03 or 940.05 if committed in this state.

   2.  The commission of a violation of s. 940.19(3), 1999 stats., a violation of s. 940.19(2), (4) or (5), 940.225(1) or (2), 948.02(1) or (2), 948.025, 948.03(2)(a) or (3)(a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19(2), (4) or (5), 940.225(1) or (2), 948.02(1) or (2), 948.025, 948.03(2)(a) or (3)(a), 948.05, 948.06 or 948.08 if committed in this state.

   3.  The commission of a violation of s. 948.21 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 948.21 if committed in this state, that resulted in the death of the victim.   [s. 48.415(9m)(b)]

“Serious felony” means any of the following:

   a.  Any felony under s. 961.41(1), (1m) or (1x) that is a Class A, B, or C felony or, if the felony was committed before February 1, 2003, that is or was punishable by a maximum prison term of 30 years or more.

   b.  Any felony under s. 940.09(1), 1999 stats., s. 943.23(1m) or (1r), 1999 stats., s. 948.35(1)(b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09(1c), 940.16, 940.19(5), 940.21, 940.225(1) or (2), 940.305, 940.31, 941.327(2)(b)4., 943.02, 943.10(2), 943.23(1g), 943.32(2), 946.43(1m), 948.02(1) or (2), 948.025, 948.03(2)(a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, or 948.30(2).

   c.  The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to commit a Class A felony.

   d.  A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in subd. 2m.a., b. or c.   [s. 939.62(2m)(a)2m.]

“Serious nature” means:

   1.  In reference to a relative, that the physical or emotional impairment is or will be substantial enough to affect the relative’s capacity to care for the child.

   2.  In reference to a child, that the physical or emotional impairment is or will be substantial enough to affect the child’s emotional, mental or physical functioning.   [s. HFS 58.09(1)(b)]

“Serious physical symptom” means that the child’s condition has immediate implications for intervention, such as need for medical attention or extreme physical vulnerability. [CPS Investigation Standards, as revised by Numbered Memo DCFS 2000-02]

“Serious sex crime” means a violation of s. 940.225(1) or (2).   [s. 939.623(1)]

“Serious sex offense” means any of the following:

   1.  A violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22(2), 940.225(1), (2) or (3), 948.02(1) or (2), 948.025(1), 948.05(1) or (1m), 948.055(1), 948.06, 948.07, 948.075, 948.08, 948.11(2)(a), 948.12, or 948.13.

   2.  A violation, or the solicitation, conspiracy or attempt to commit a violation, under Ch. 940, 943, 944 or 948 other than a violation specified in subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor’s sexual arousal or gratification.   [s. 939.615(1)(b)]

“Serious violent crime” means a violation of s. 940.03 or 940.05.   [s. 939.624(1)]

“Service” means an activity or action performed and provided by a professional, para-professional or lay person to a family to assist the family or family member to achieve a goal.   [CPS Ongoing Services Standards and Practice Guidelines]

“Service agreement” means a written contract between the lead agency, one or more service provider agencies, the youth and, when in the youth’s best interests, his or her parents, guardian or legal custodian for the provision and acceptance of services.   [s. DOC 397.03(12)]

“Service coordination” means a case management service that coordinates multiple service providers who are serving a particular child with severe disabilities and the child's family.  The term includes arrangement for assessment, development of an integrated service plan based on the assessment, advocacy for the needs of the child and the child's family, monitoring of the child's progress, facilitation of periodic reviews of the integrated service plan and coordination and maintenance of clear lines of communication among all service providers and the child and the child's family.   [s. 46.56(1)(L)]

“Service coordination agency” means a county department, agency, school district, cooperative educational service agency or county children with disabilities education board designated in an interagency agreement by a coordinating committee to provide intake and service coordination for one or more target groups of eligible children with severe disabilities and their families.   [s. 46.56(1)(m)]

“Service coordinator” means an individual who is qualified by specialized training and clinical experience with children with severe disabilities and their families and who is appointed by the service coordination agency to provide coordination of treatment, education and support services for eligible children with severe disabilities and their families.   [s. 46.56(1)(n)]

“Service provider” means an agency, facility or individual providing treatment, care, services or supports to clients.   [s. HFS 94.02(42)]

“Service provider” means a person or team of persons providing a service that is identified in the case plan as part of the strategy to achieve a goal. [CPS Ongoing Services Standards and Practice Guidelines]

“Services” means specialized services or special adaptations of generic services directed toward the prevention and alleviation of a developmental disability or toward the social, personal, physical or economic habilitation or rehabilitation of an individual with such a disability, and includes diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, sheltered employment, protective and other social and socio-legal services, follow-along services and transportation services necessary to assure delivery of services to individuals with developmental disabilities.   [s. 51.437(1)]

“Service system” means the public and private organizations that provide specialized services for children with mental, physical, sensory, behavioral, emotional or developmental disabilities or that provide child welfare, juvenile justice, educational or health care services for children.   [s. 46.56(1)(o)]

“Session” means a regular academic term of schooling that includes a semester and a quarter.   [s. HFS 58.03(19)]

“Severely disabled individual” means any individual with a severe physical or mental impairment whose ability to function independently in his or her family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve either his or her ability to function independently in his or her family or community or his or her ability to engage in employment.   [s. 46.96(1)(b)]

“Severe emotional disturbance” means an emotional disability which has persisted for at least 6 months and is expected to persist for a year or longer.  A severely emotionally disturbed child may experience psychotic symptoms, be a suicide risk, or cause personal injury or significant property damage or will have functional impairment in at least 2 areas, including self-care, community participation, social relationships, family relationships and school.  A severely emotionally disturbed child will be receiving services from 2 or more social services agencies.  The emotional disturbance must meet one of the AXIS I diagnostic classifications of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) published by the American Psychiatric Association.   [s. HFS 38.03(25)]

“Severely emotionally disturbed child” has the meaning given in s. 49.45(25)(a).   [s. 46.485(1)(d)]

“Sex offender” means a person committed to the department who meets any of the criteria specified in s. 301.45(1g).   [s. 51.375(1)(d)]

“Sex offender” means a person who is subject to s. 301.45(1g) but does not include a person who, as a result of a proceeding under s. 301.45(1m), is not required to comply with the reporting requirement of s. 301.45.  

[s. 301.47(1)]

“Sexual abuse” means a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09 or 948.10 if committed in this state.   [s. 48.355(2d)(a)2.; s. 938.355(2d)(a)2.]

“Sexual conduct” means the commission of any of the following:  sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.   [s. 944.21(2)(e)]

“Sexual contact” means the intentional touching of the clothed or unclothed intimate parts of another person with any part of the body clothed or unclothed or with any object or device, the intentional touching of any part of the body clothed or unclothed of another person with the intimate parts of the body clothed or unclothed, or the intentional penile ejaculation of ejaculate or intentional emission of urine or feces upon any part of the body clothed or unclothed of another person, if that intentional touching, ejaculation or emission is for the purpose of sexual humiliation, sexual degradation, sexual arousal or gratification.   [s. 939.22(34)]

“Sexual contact” means any of the following:

   1.  Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant’s or defendant’s intimate parts if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19(1).

   2.  Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.   [s. 940.225(5)(b)]

“Sexual contact” means any of the following:

   (a)  Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant.

   (b)  Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.   [s. 948.01(5)]

“Sexual contact” means any of the following:

   (a)  Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant.

   (b)  Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.   [s. 948.01(5)]

“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.   [s. 948.11(1)(f)]

“Sexual intercourse” includes the meaning assigned under s. 939.22(36) as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction.  The emission of semen is not required.   [s. 940.225(5)(c)]

“Sexual intercourse” requires only vulvar penetration and does not require emission.   [s. 939.22(36)]

“Sexual intercourse” means vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction.  The emission of semen is not required.   [s. 948.01(6)]

“Sexually explicit conduct” means actual or simulated:

   (a)  Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the person or upon the person’s instruction.  The emission of semen is not required;

   (b)  Bestiality;

   (c)  Masturbation;

   (d)  Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or

   (e)  Lewd exhibition of intimate parts.   [s. 948.01(7)]

“Sexually transmitted disease” has the meaning given in s. 252.11(1).   [s. 938.296(1)(c)]

“Sexually violent person” means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect, or illness, and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in acts of sexual violence.  

[s. 980.01(7)]

“Shelter” means the provision of temporary refuge and related assistance in compliance with applicable Federal and tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence or their dependents.  (ICP)

“Shelter care” means short-term, nonsecure residential care and physical custody of children pending court action.  "Short term" means a maximum of 30 days for each episode, with extension for up to another 30 days as provided in s. HFS 59.05(3)(b), except that for a hold-over room "short-term" means not longer than 24 hours or, if the placement is made on a Friday or on the weekend, not longer that over the weekend until the following Monday.   [s. HFS 59.02(11)]

“Shelter care facility” means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66(1)(a).   [s. 48.02(17)]

“Shelter care facility” means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s.48.66(1)(a).   [s. 938.02(17)]

“Shelter care facility” means a nonsecure place for the temporary care and physical custody of children, licensed by the department under s. 48.66, Stats., and Ch. HFS 59.   [draft s. HFS 44.03(60)]

“Shelter care worker” means an individual who provides primary care and supervision of children in a shelter care facility on a regular schedule, either on a full-time or part-time basis, but not a hold-over room attendant.   [s. HFS 59.02(12)]

“Shift-staffing” means that all shelter care workers employed by the licensee provide care on a rotating or shift basis in the shelter care facility.   [s. HFS 59.02(13)]

“Shift staffing arrangement” means that individuals employed by the licensee regularly provide care on a rotating or shift basis in the group home.   [s. HFS 57.05(3)(d)1.]

“Short-term resident admission” means a short-term resident whose stay at the center is expected to be 90 days or less or whose return to the center for another short-term stay readmission occurs 90 days or more from the resident’s discharge from that center or who is placed into a different center for short-term care readmission.   [s. HFS 52.58(2)(a)]

“Short-term resident readmission” means a short-term resident whose readmission to the center for another short-term stay occurs less than 90 days from his or her discharge from that center and whose stay at the center may be of varying periodic episodes within a 90 day period.   [s. HFS 52.58(2)(b)]

“Short-term treatment program” means a program of temporary residential care and treatment service delivery to a child or youth whose placement is transitional for purposes of assessment, treatment and planning for placement back into the community.  “Short-term treatment program” does not include a respite care service program under s. HFS 52.59, or a crisis stabilization program certified under Ch. HFS 34.   [s. HFS 52.58(2)(c)]

“Sibling” means a brother or sister having at least one birth parent in common with the adopted person.   [s. HFS 53.01(2)(r)]

“Significant developmental delay” means children, ages 3, 4 and 5 years of age or below compulsory school attendance age, who are experiencing significant delays in the areas of physical, cognition, communication, social-emotional or adaptive development.   [s. PI 11.36(11)]

“Significantly exposed” has the meaning given in s. 252.15(1)(em).   [s. 938.296(1)(d)]

“Sole legal custody” means the condition under which one party has legal custody.   [s. 767.001(6)]

“Special education” means specially designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child's parents, to meet the unique needs of a child with a disability, including instruction in physical education.   [s. 115.76(15)]

“Special need” means a person’s need resulting from an emotional, behavioral, cognitive, physical or personal condition that necessitates receipt of care or supervision in order to meet the person’s basic needs or to prevent harm from occurring to him or her.   [s. 46.986(1)(g)]

“Special needs adoption” means the final adoption of a child for whom an adoption assistance agreement is in effect under section 473.   [42 USC 673a(g)(2)]

“Special needs child” means a legally free child for whom it is difficult to find an adoptive home and who meets the eligibility criteria for adoption assistance under s. HFS 50.03.   [s. HFS 50.01(1)(s)]

“Special needs child” means a child legally free for adoption and waiting for an adoptive placement who meets the criteria of s. HSS 50.03(1)(b).   [s. HFS 51.03(18)]

“Special treatment or care” means professional services which need to be provided to a child or his or her family to protect the well-being of the child, prevent placement of the child outside the home or meet the special needs of the child.  "Special treatment or care" also means professional services which need to be provided to the expectant mother of an unborn child to protect the physical health of the unborn child and of the child when born from the harmful effects resulting from the habitual lack of self-control of the expectant mother in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree.  This term includes, but is not limited to, medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.   [s. 48.02(17m)]

“Special treatment or care” means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile.  This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.   [s. 938.02(17m)]

“Special treatment or care” has the meaning given in s. 938.02(17m), except that it does not include alcohol and other drug abuse services.   [s. 938.362(1)]

“Specific learning disability”, pursuant to s. 115.76(5)(a)10., Stats., means a severe learning problem due to a disorder in one or more of the basic psychological processes involved in acquiring, organizing or expressing information that manifests itself in school as an impaired ability to listen, reason, speak, read, write, spell or do mathematical calculations, despite appropriate instruction in the general education curriculum.  "Specific learning disability" may include conditions such as perceptual disability, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.   [s. PI 11.36(6)]

“Specified relative” means:

   1.  Father, mother, brother, sister, uncle, aunt, first cousin, child of a first cousin (i.e., first cousin once removed), nephew, or niece.

   2.  A relative identified in par. 1. who is of a preceding generation denoted by the prefixes of grand, great or great-great.

The parental relationship can be biological, adoptive or step.  The sibling and grand, great, and great-great relationships can also be biological, adoptive, step or half.  Spouses of any persons named in the above groups are within the scope of these provisions, even though the marriage is terminated by death or divorce.   [IV-E Policy Manual]

“Speech or language impairment” means an impairment of speech or sound production, voice, fluency, or language that significantly affects educational performance or social, emotional or vocational development.   [s. PI 11.36(5)]

“Sponsoring agency” means a child welfare agency licensed to place children in group homes, a county agency specified in s. 48.56(1), Stats., or the department, which enters into a contract in writing with the licensee, specifying the program under which the group home shall be operated and for exclusive placement of children in the home.  [s. HFS 57.02(14)]

“Spousal support” means an amount which a person is ordered to provide for support of a spouse or former spouse by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90.   [s. 948.22(1)(c)]

“Staff administration” means proper administration of medication to a resident by center nonmedically nonlicensed staff under a valid medical order from a medically licensed practitioner who specifically designates, trains and supervises center staff administration of medications.   [s. HFS 52.46(1)(b)]

“Staff monitoring of self-administration” means handing the medication to the resident by center staff according to physician and medication label instructions and observing and ensuring the proper ingestion, injection, application or inhalation of the medication by the resident.   [s. HFS 52.46(1)(c)]

“Staff of certified family day care homes” means providers, substitutes, volunteers and other adults living in the home or having regular contact with the children.   [CPS Investigation Standards]

“Staff of licensed day care programs” means all employees and volunteers of licensed group day care centers.  In licensed family day care centers this includes providers, substitutes, volunteers and other adults living in the home or having regular contact with the children.   [CPS Investigation Standards]

“Staff person” means a person who is either employed by a center or under contract for a center to perform the functions identified in s. HFS 52.12(1)(a) or (2)(i).   [s. HFS 52.03(24)]

“State” means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands, Guam, the commonwealth of the Northern Mariana Islands or a territory or possession of the United States.   [s. 48.9985(1)(c)]

“Stigma” means disqualification from social acceptance, derogation, marginalization and ostracism encountered by persons with mental illness or persons who abuse alcohol or other drugs as the result of societal negative attitudes, feelings, perceptions, representations and acts of discrimination.   [s. 51.03(1g)(e)]

“Strip search” means a search in which a person’s genitals, pubic area, buttock or anus, or a female person’s breast, is uncovered and either is exposed to view or is touched by a person conducting the search.   [s. 948.50(2)(b)]

“Strip search” means a search in which the patient is required to remove all of his or her clothing.  Permissible inspection includes examination of the patient’s clothing and body and visual inspection of his or her body cavities.   [s. HFS 94.02(43)]

“Subject” means a person or unborn child named in a report or record as any of the following:

   1.  A child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect.

   1m.  An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse.

   2.  A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child.   [s. 48.981(1)(h); relates to this section]

“Substantial bodily harm” means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.   [s. 939.22(38)]

“Substantial bodily harm” has the meaning given in s. 939.22(38), Stats., namely, bodily injury that causes a laceration that requires stitches, any fracture of a bone, a burn, a temporary loss of consciousness, sight or hearing, a concussion; or a loss or fracture of a tooth.   [draft s. HFS 44.03(61)]

“Substantial change in circumstances” means that a documented change related to the risk that qualified the child as a child of high risk under par. (j) has occurred to the child in one or more areas of special needs, including physical, behavioral or emotional special needs, that would result in a change in the supplemental rate as determined by the uniform foster care rate schedule under s. HFS 56.11.   [s. HFS 50.01(4)(t)]

“Substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child.  In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child, whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father of the child, the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.   [s. 48.415(6)(b)]

“Suffer serious emotional distress” means to feel terrified, intimidated, threatened, harassed, or tormented.  

[s. 940.32(1)(d)]

“Superintendent” means an individual designated pursuant to s. 938.22(3), Stats., by the juvenile court judge or, when 2 or more counties cooperate to provide shelter care, by a committee of juvenile court judges, to supervise the provision of shelter care within a county.   [s. HFS 59.02(14)]

“Supervising agency” means the agency responsible for overseeing the care and maintenance of a child placed in out-of-home care.   [s. HFS 56.03(36)]

“Supervising agency” means the agency which is responsible for the supervision of the child in a group home and which also places the child in the group home unless a court of record has placed the child.   [s. HFS 57.02(15)]

“Supervisory approval” means a decision made by a supervisor or another person designated by the agency to act in the supervisory capacity that a decision or plan made by an ongoing services worker is accurate or appropriate and indicating that there is sufficient information to support this decision or plan.   [CPS Ongoing Services Standards and Practice Guidelines]

“Supplemental rate” means an additional monthly payment intended to cover the costs of caring for a child whose needs exceed normal limits of care and supervision for that child's age.  The descriptors (i.e., criteria) are established by the Department by administrative rule.  The funding levels associated with those descriptors are established by the Department by this policy.   [UFCR]

“Supplemental security income” or “SSI” means the federal program for monetary payments to low income aged, blind and disabled individuals under Title XVI of the Social Security Act.   [IV-E Policy Manual]

“Surgeon” means a person holding a license or certificate of registration from the medical examining board.   [s. 990.01(28)]

“Sustaining care” means the placement of children under s.48.428, Stats.   [draft s. HFS 44.03(62); s. HFS 50.01(1)(r)]

-T-

“Task” means an action or activity to support the effective provision of a service and achievement of a goal.   [CPS Ongoing Services Standards and Practice Guidelines]

“Tattoo” means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.   [s. 948.70(1)(b)]

“TCS district” means a technical college system district established under s. 38.02, Stats.   [s. PI 5.02(11n)]

“Teacher” means a person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.   [s. 118.164(1)]

“Teachers and other school employees” means teachers, aides, coaches, custodial staff, bus drivers, pupil services staff, administrators and any individuals employed by or under the supervision of the school district having contact with the child in the course of employment.  The employment may be through a purchase of services contract.  This applies to all schools, whether public, private or parochial.   [CPS Investigation Standards]

“Temporary physical custody”, for purposes of this chapter, means the legal staff of a child who has been removed from his or her home or other surroundings pursuant to the child being taken into and held in custody under ss. 48.19 or 938.19, Stats., and placed pursuant to s. 48.207, 938.207, 938.208, or 938.209, Stats.   [draft s. HFS 44.03(63)]

“Termination of parental rights” means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.   [s. 48.40(2)]

“Termination of parental rights” means, pursuant to a court order, that all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.   [draft s. HFS 44.03(64); IV-E Policy Manual]

“Termination of parental rights” means any action resulting in the termination of the parent-child relationship.   [ICWA]

“Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.   [s. 940.22(1)(i)]

“Time-limited family reunification services” means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the 15-month period that begins on the date that the child, pursuant to section 475(5)(F), is considered to have entered foster care.   (42 USC 629a(a)(7)(A)]

“Time-out room” means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.   [s. HFS 52.42(1)(g)]

“Title IV-E program” means the federal entitlement program for children who are removed from their homes.  The Title IV-E program is referred to as the federal Foster Care and Adoption Assistance Program and was formerly referred to as AFDC-F.   [IV-E Policy Manual]

“Traumatic brain injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance.  The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; speech and language; memory; attention; reasoning; abstract thinking; communication; judgment; problem solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and executive functions, such as organizing, evaluating and carrying out goal-directed activities.  The term does not apply to brain injuries induced by birth trauma.

“Treatment” means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.      [s. 51.01(17)]

“Treatment” means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, surgical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons, and psychiatric, psychological and social service care which may be extended to their families.  Treatment may also include, but shall not be replaced by, physical detention of persons, in an approved treatment facility, who are involuntarily committed or detained under sub. (12) or (13).   [s. 51.45(2)(g)]

“Treatment” means the combination of therapies, services and care designed to assist a child in achieving established measurable and behavioral goals and objectives based upon the information gathered through the assessment process.   [s. HFS 38.03(26)]

“Treatment foster care” means a foster family-based and community-based approach to treatment for a child with physical, mental, medical, alcohol or other drug abuse, cognitive, intellectual, behavioral, developmental or similar problems, which is designed to change the behavior or ameliorate a condition which, in whole or in part, resulted in the child’s separation from his or her family.  The approach utilizes specially selected and specifically trained treatment foster parents who, as members of a treatment team, have shared responsibility for implementing the child’s treatment plan as the primary change agents in the treatment process.  [s. HFS 38.03(27); CPS Ongoing Services Standards and Practice Guidelines]

“Treatment foster home” means any facility that is operated by a person required to be licensed under s. 48.62(1)(b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.   [s. 48.02(17q)]

“Treatment foster home” includes a placement for adoption under s. 48.833 of a child for whom adoption assistance will be provided  under s. 48.975 after the adoption is finalized.   [s. 48.685(1)(d)]

“Treatment foster home” means any facility that is operated by a person required to be licensed under s. 48.62(1)(b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 juveniles care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.   [s. 938.02(17q)]

“Treatment foster home” means a family-oriented facility operated by a person or persons required to be licensed under s. 48.62(1)(b), Stats., in which treatment, care and maintenance are provided for no more than 4 foster children.  “Treatment foster home” includes a placement for adoption under s. 48.833, Stats., of a child for whom adoption assistance will be provided under s. 48.975, Stats., after adoption is finalized.  “Treatment foster home” does not include a shift-staffed facility, except as permitted under s. HFS 56.01(4)(b).   [s. HFS 12.03(22)]

“Treatment foster home” means a family-oriented facility operated by a person or persons required to be licensed under s.48.62, Stats., Ch. HFS 56 and this chapter, in which treatment, care and maintenance are provided for no more than 4 foster children.  “Treatment foster home” does not include a shift-staffed facility, except as permitted under s. HFS 56.01(4)(b).   [s. HFS 38.03(28)]

“Treatment foster home” means any facility operated by a person required to be licensed under s.48.62(1)(b), Stats., and Chs. HFS 38 and HFS 56 that is operated under the supervision of an agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.   [draft s. HFS 44.03(65)]

“Treatment foster home” means a family-oriented facility operated by a person or persons required to be licensed under s. 48.62(1)(b), Stats., and Ch. HFS 38 in which treatment, care and maintenance are provided for no more than 4 foster children.  “Treatment foster home” does not include a shift-staffed facility, except as permitted under s. HFS 38.02(2)(d).   [s. HFS 56.03(37)]

“Treatment plan” means the comprehensive services plan developed by the treatment team which details the treatment and services to be provided to the child and his or her family, and includes the identity of the person or persons responsible for providing these services, the behavioral and measurable goals and objectives of the placement and the anticipated termination date or other appropriate disposition.   [s. HFS 38.03(29)]

“Treatment plan” means a written plan of services to meet the specific treatment goals and needs of an individual resident.   [s. HFS 52.03(25)]

“Treatment records” include the registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by county departments under s. 51.42 or 51.437 and their staffs, and by treatment facilities.  Such records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under s. 51.42 or 51.437, or a treatment facility if such notes or records are not available to others.   [s. 51.30(1)(b)]

“Treatment services” means the individualized social, emotional, behavioral and medical services designed to bring about habilitation, rehabilitation and appropriate developmental growth of a child with severe disabilities.   [s. 46.56(1)(p)]

“Treatment team” means the group appointed by the purchasing and providing agencies to:

   (a)  Assess a child and his or her family.

   (b)  Define the treatment.

   (c)  Develop and implement the treatment plan.

   (d) Evaluate the child’s and his or her family’s progress toward achieving established measurable and behavioral goals and objectives.   [s. HFS 38.03(30)]

“Trial” means a fact-finding hearing to determine jurisdiction.   [s. 48.02(18); s. 938.02(18)]

“Tribal agent” means the person designated under 25 CFR 23.12 by an Indian tribe or band to receive notice of involuntary child custody proceedings under the Indian child welfare act, 25 USC 1901 to 1963.  [s. 48.981(1)(I); relates to this section]

“Tribal court” means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.   [ICWA]

“Tribal education authority” means the educational authority of a tribe, band or other organized group of American Indians, which may be vested in a tribal department or division of education, a tribal school board, a tribal education committee or any similar body.   [s. 115.71(5)]

“Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe.   [s. HFS 12.03(23)]

“Tribal organization” means the recognized governing body of any Indian tribe.   [42 USC 629a(a)(5)]

“Tribe or band” means the governing body of a federally recognized American Indian tribe or band in this state.   [s. 46.986(1)(h)]

“Tribe” means a federally recognized American Indian tribe or band in this state.  [s. 48.685(1)(e);

s. 938.02(18g)]

“Tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians including any Alaska Native.   [CPS Ongoing Services Standards and Practice Guidelines]

“Truancy” means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of s. 118.15.   [s. 118.16(1)(c)]

“Truancy” has the meaning given in s. 118.16(1)(c).   [s. 938.02(18m)]

“Truant” means a pupil who is absent from school without an acceptable excuse under ss. 118.15 and 118.16(4) for part or all of any day on which school is held during a school semester.   [s. 118.163(1)(d)]

“Type 1 secured correctional facility” means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533(3)(b), 938.538(4)(b) or 938.539(5).   [s. 938.02(19)]

“Type 2 child caring institution” means a residential care center for children and youth that is designated by the department to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34(4d).   [s. 938.02(19r)]

“Type 2 child caring institution” means a child caring institution that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the child caring institution under the supervision of a department of corrections or a county department under s. 938.34(4d).   [draft s. HFS 44.03(66)]

“Type 2 residential care center” means a center designated by the department of corrections as a type 2 child caring institution that is approved by the department to operate under its residential care center license to provide care and maintenance for juveniles who have been placed in the residential care center under the supervision of the department of corrections or a county department under s. 938.34(4d), Stats.   [s. HFS 52.03(26)]

“Type 2 secured correctional facility” means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533(3)(b), 938.538(4)(b) or 938.539(5).   [s. 938.02(20)]

“Type 2 secured correctional facility” has the meaning prescribed in s. 938.02(20), Stats.   [draft s. HFS 44.03(67)]

“Type 2 status” has the meaning specified under s. 938.539, Stats., and includes the status given by the court to a youth who is placed by  the court in a type 2 residential care center.   [s. HFS 52.03(27)]

-U-

“Unborn child” means a human being from the time of fertilization to the time of birth.   [s. 48.02(19)]

“Unborn child” means a human being from the time of conception until it is born alive.   [s. 940.04(6)]

“Under the entity’s control” means an entity does all of the following:

   (a)  Determines whether a person employed by or under contract with the entity who has direct, regular contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.

   (b)  Directs or oversees one or more of the following:

   1.  The policies or procedures the person must follow in performing his or her duties.

   2.  The conditions under which the person performs his or her duties.

   3.  The tasks the person performs.

   4.  The person’s work schedule.

   5.  The supervision or evaluation of the person’s work or job performance, including imposing discipline or awarding performance awards.

   6.  The compensation the person receives for performing his or her duties.   [s. HFS 12.03(25)]

“Under the influence of an intoxicant” means that the actor’s ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage, of a controlled substance or controlled substance analog under Ch. 961, of any combination of alcohol beverage, controlled substance and controlled substance analog, or of any other drug or of an alcohol beverage and any other drug.   [s. 939.22(42)]

“Unemployed teenage parent” means a parent who satisfies all of the following criteria:

   (a)  Is less than 20 years of age.

   (b)  Is unemployed.

   (c)  Is financially unable to pay child support.

   (d)  Would be ordered to make payments for the support of a child but for par. (c).   [s. 767.254(1)]

“Unfounded” means that the grievance is without merit or not a matter within the jurisdiction of Ch. HFS 92 or this chapter or s. 51.61, Stats.   [s. HFS 94.41(3)(a)2.]

“Unloaded” means any of the following:

   1.  Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.

   2.  In the case of a caplock muzzle-loading handgun, having the cap removed.

   3.  In the case of a flintlock muzzle-loading handgun, having the flashpan cleaned of powder.   [s. 941.237(1)(g)]

“Urban county” means a county located in a federal metropolitan statistical area or a primary metropolitan statistical area, as designated by the federal office of management and budget.   [s. 46.515(1)(j)]

-V-

“Viability” means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him or her, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.   [s. 940.15(1)]

“Victim” means a person against whom a crime has been committed.   [s. 51.37(10)(a)4.; s. 301.046(4)(a)2.]

“Victim” means any of the following:

   1.  A person against whom a delinquent act has been committed.

   2.  If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.

   3.  If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter, s. 950.04 or Article I, Section 9m, of the Wisconsin Constitution, a person designated by the person specified in subd. 1. or a family member, as defined in s. 950.02(3), of the person specified in subd. 1.

   4.  If a person specified in subd. 1. is deceased, any of the following:

   a.  A family member, as defined in s. 950.02(3), of the person who is deceased.

   b.  A person who resided with the person who is deceased.

   5.  If a person specified in subd. 1. has been determined to be incompetent under Ch. 880, the guardian of the person appointed under Ch. 880.

   (b)  "Victim" does not include a juvenile alleged to have committed the delinquent act.   [s. 938.02(20m)]

“Victim-witness coordinator” means a person employed or contracted by the county board of supervisors under s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in s. 950.08.   [s. 938.02(21)]

“Violent crime” means any of the following:

   1.  Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09(1c), 940.19(2), (4) or (5), 940.21, 940.225(1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10(2), 943.23(1g), 943.32(2), 948.02(1) or (2), 948.025, 948.03(2)(a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30(2).

   2.  The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to commit a Class A felony.

   3.  Any misdemeanor under s. 940.19(1), 940.225(3m), 940.32(2), 940.42, 940.44, 941.20(1), 941.23, 941.235, 941.24 or 941.38.(3).   [s. 939.632(1)(e)]

“Violent felony” means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285(2), 940.29, 940.295(3), 940.30, 940.305, 940.31, 940.43(1) to (3), 940.45(1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01(2)(c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10(2), 943.23(1g), (1m) or (1r), 943.32, 946.43, 947.015, 948.02(1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.   [s. 941.291(1)(b)]

“Victim” means any natural person against whom any crime as defined in s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.   [s. 940.41(2)]

“Visitation” means court-ordered or agency-approved interactions between a child in out-of-home care and his or her relatives, including, at a minimum, parents and siblings.   [draft s. HFS 44.03(68)]

“Visual impairment” means even after correction a child's visual functioning significantly adversely affects his or her educational performance.  The IEP team may identify a child as having a visual impairment after all of the following events occur:

   (a)  A certified teacher of the visually impaired conducts a functional vision evaluation which includes a review of medical information, formal and informal tests of visual functioning and the determination of the implications of the visual impairment on the educational and curricular needs of the child.

   (b)  An ophthalmologist or optometrist finds at least one of the following:                         

   1.  Central visual acuity of 20/70 or less in the better eye after conventional correction.  

   2.  Reduced visual field to 50º or less in the better eye.

   3.  Other ocular pathologies that are permanent and irremediable.