Amendment ASA1-AB563

LRBs0179/1

EAW:kjf&ahe

2019 - 2020 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 563

December 11, 2019 - Offered by Representative Dittrich.

AB563-ASA1,1,2 An Act to create 48.64 (5) of the statutes; relating to: providing information to out-of-home care providers.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Children and Families administrative code requires an agency that is placing a child in out-of-home care to provide certain information to the out-of-home care provider. Under current administrative code, an agency is required to provide, among other things, information pertaining to medical needs, upcoming appointments, and educational programming. This bill creates a statutory provision that mirrors the current DCF administrative code on what information must be provided to an out-of-home care provider, and specifies that the information must include eligibility for services and an individualized education program, if applicable.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB563-ASA1,1 Section 1 . 48.64 (5) of the statutes is created to read:

AB563-ASA1,1,4 48.64 (5) Information sharing. (a) In this subsection:

AB563-ASA1,2,1 1. “Agency” does not include the department of corrections.

AB563-ASA1,2,5 2. “Allegation” means an allegation of delinquency or a criminal charge against a child or the child's family for which there has not been a finding by a governmental body or court or a statement regarding the child or the child's family that is not substantiated by evidence, except “allegation" does not include any of the following:

AB563-ASA1,2,7 a. An interpretation of information made by a professional individual involved in the child's treatment.

AB563-ASA1,2,9 b. An allegation of delinquency, charge, or statement that, in whole or in part, formed the basis for the child's removal from his or her home.

AB563-ASA1,2,11 c. In the case of a juvenile who has been adjudicated delinquent, any additional allegations of delinquency read into the record at the time of adjudication.

AB563-ASA1,2,13 (b) Before a prospective out-of-home care provider agrees to placement of a child, the agency shall do all of the following:

AB563-ASA1,2,15 1. Gather all available information about the child and the child's family that is required under par. (e).

AB563-ASA1,2,17 2. Enter the information on the forms under par. (e) or attach another document that contains the information to the appropriate form.

AB563-ASA1,2,19 3. Provide the forms prescribed under par. (e) and any attached documents to the prospective out-of-home care provider.

AB563-ASA1,2,24 (c) 1. The agency shall make a reasonable attempt to gather information required under par. (e) that was not available to the agency when the agency provided the forms to the prospective out-of-home care provider. The agency shall provide the out-of-home care provider with information it receives after providing the forms to the out-of-home care provider, as follows:

AB563-ASA1,3,3 a. For information required under par (e) 1. to 8., as soon as possible, but no later than 2 days after the date that the child is placed with the out-of-home care provider.

AB563-ASA1,3,9 b. For information required under par. (e) 9. to 15., as soon as possible, but no later than 7 days after the date that the child is placed with the out-of-home care provider, except that the agency shall provide information that the agency determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider to the out-of-home care provider no later than 2 days after receiving the information.

AB563-ASA1,3,15 2. If the agency receives information required under par. (e) after the deadlines in subd. 1. have passed, the agency shall provide the information to the out-of-home care provider as soon as possible, but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider no later than 2 days after receiving the information.

AB563-ASA1,3,25 (d) Notwithstanding pars. (b) and (c), the agency may not provide a prospective or actual out-of-home care provider with information regarding the child or the child's family that is an allegation unless the agency determines that, if substantiated, the allegation would have a significant impact on the success of the placement and related services or on the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community. If the agency informs the out-of-home care provider of an allegation about the child or the child's family, the agency shall record the allegation in the child's case record and shall include the justification for providing the information.

AB563-ASA1,4,4 (e) An agency shall use forms prescribed by the department to provide information about the child and the child's family to a prospective or actual out-of-home care provider under this section. The forms shall include requests for all of the following information:

AB563-ASA1,4,7 1. Child information, including the child's name, date of birth, physical characteristics, tribal affiliation, the spiritual or religious affiliation of the child or family, and the date the child is placed in out-of-home care.

AB563-ASA1,4,8 2. Parent or guardian contact information.

AB563-ASA1,4,11 3. Significant contact information, including agency contacts, emergency contact person, persons who are allowed to have contact with the child, prohibited contacts and visitors, and sibling information.

AB563-ASA1,4,14 4. Medical information, including providers, health insurance coverage, medications, scheduled medical or mental health appointments, eligibility for services, and immunization record.

AB563-ASA1,4,17 5. Information on the school or child care that the child currently attends or most recently attended and the child's educational programming, including an individualized education program for the child, if applicable.

AB563-ASA1,4,20 6. Life functioning, including formula or feeding restrictions, special medical equipment, allergies, therapeutic exercises, eligibility for services, and activity restrictions.

AB563-ASA1,4,21 7. Considerations for making reasonable and prudent parenting decisions.

AB563-ASA1,4,22 8. Any additional information critical to the care of the child.

AB563-ASA1,4,23 9. Placement reasons.

AB563-ASA1,4,24 10. Contact information for the child's guardian ad litem and legal counsel.

AB563-ASA1,4,25 11. Placement history, permanence goal, and concurrent permanence goal.

AB563-ASA1,5,3 12. Information on the well-being of the child, including the child's trauma history and developmental, medical, cultural, emotional, behavioral, and educational needs.

AB563-ASA1,5,4 13. Qualifications or needs of the out-of-home care provider.

AB563-ASA1,5,6 14. A list of important documents and records regarding the child that have been given to the out-of-home care provider.

AB563-ASA1,5,10 15. A plan for managing challenging behaviors, including a list of the child's behaviors that may lead to health or safety concerns, warning signs of escalating behaviors, steps to take in response to those escalations, and the agency's reporting requirements.

AB563-ASA1,5,12 (f) An agency is not required to provide information under this subsection if the agency determines that one of the following applies:

AB563-ASA1,5,14 1. The information is confidential information that the agency does not have access to, and the agency has made a reasonable effort to obtain the information.

AB563-ASA1,5,18 2. The information is not critical to the success of the placement and related treatment or services and failing to provide the information does not jeopardize the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community.

AB563-ASA1,5,25 (g) An agency shall provide detailed documentation in the narrative section of the child's case record for any information that the agency does not provide under par. (f). The documentation shall specify the information or type of information that was not provided to the out-of-home care provider, the reason for not providing the information, the name of the agency representative who made the decision to not provide that information, the date the decision was made, and written approval by that person's supervisor or the supervisor's designee.

AB563-ASA1,6,4 (h) Except as permitted under s. 252.15 (6), an out-of-home care provider that receives any information under this chapter shall keep the information confidential and may disclose the information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.

AB563-ASA1,6,11 (i) When an agency first provides any information regarding a child to the out-of-home care provider, the agency shall inform the out-of-home care provider of all confidentiality requirements mandated under state or federal law, including the confidentiality requirements under ss. 48.396, 48.78, 48.981 (7), 51.30, 118.125, 146.82, 252.15, 938.396, and 938.78, and any agency policy. The agency shall also inform the out-of-home care provider of any penalties that may be imposed for violating the confidentiality rights of the child and the child's family.

AB563-ASA1,6,16 (j) The agency providing information about a child under this subsection shall require that the information and any related documents be maintained by the out-of-home care provider in a manner that would prohibit access to the information by the child, any other children in the care of the out-of-home care provider, and any other party whose access to the information is prohibited.

AB563-ASA1,2 Section 2. Initial applicability.