SB40-CSA1,618,824
48.357
(2m) (c) If the court changes the child's placement from a placement in
25the child's home to a placement outside the child's home, the change in placement
1order shall contain the findings specified in sub. (2v) (a) 1.,
one of the statements the
2applicable order specified in sub. (2v) (a) 1m., the applicable statement specified in
3sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances
4specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the
5determination specified in sub. (2v) (a) 3.
If the court changes the child's placement
6from a placement outside the home to another placement outside the home, the
7change in placement order shall contain the applicable order specified in sub. (2v)
8(a) 1m. and the applicable statement specified in sub. (2v) (a) 2.
SB40-CSA1,618,1810
48.357
(2v) (a) 1m. If the change in placement order changes the placement of
11a child who is under the supervision of the county department or, in a county having
12a population of 500,000 or more, the department to a placement outside the child's
13home, whether from a placement in the home or from another placement outside the
14home, an order ordering the child into, or to be continued in, the placement and care
15responsibility of the county department or department as required under
42 USC
16672 (a) (2) and assigning the county department or department primary
17responsibility, or continued primary responsibility, for providing services to the
18child.
SB40-CSA1,619,720
48.357
(5m) (a) If a proposed change in placement changes a child's placement
21from a placement in the child's home to a placement outside the child's home, the
22court shall order the child's parent to provide a statement of income, assets, debts
23and living expenses to the court or the person or agency primarily responsible for
24implementing the dispositional order by a date specified by the court. The clerk of
25court shall provide, without charge, to any parent ordered to provide a statement of
1income, assets, debts
, and living expenses a document setting forth the percentage
2standard established by the department
of workforce development under s. 49.22 (9)
3and the manner of its application established by the department
of health and family
4services under s.
46.247 49.345 (14) (g) and listing the factors that a court may
5consider under s.
46.10 49.345 (14) (c). If the child is placed outside the child's home,
6the court shall determine the liability of the parent in the manner provided in s.
46.10 749.345 (14).
SB40-CSA1,619,239
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
10court otherwise designates an alternative placement for the child by a disposition
11made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
12parent or guardian or, in the case of a transfer of guardianship and custody under
13s. 48.839 (4), the duty of the former guardian to provide support shall continue even
14though the legal custodian or the placement designee may provide the support. A
15copy of the order transferring custody or designating alternative placement for the
16child shall be submitted to the agency or person receiving custody or placement and
17the agency or person may apply to the court for an order to compel the parent or
18guardian to provide the support. Support payments for residential services, when
19purchased or otherwise funded or provided by the department or a county
20department
under s. 46.22, 46.23, 51.42 or 51.437, shall be determined under s.
46.10 2149.345 (14).
Support payments for residential services, when purchased or otherwise
22funded by the department of health and family services or a county department
23under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).
SB40-CSA1,620,9
148.36
(1) (b) In determining the amount of support under par. (a), the court may
2consider all relevant financial information or other information relevant to the
3parent's earning capacity, including information reported under s. 49.22 (2m) to the
4department
of workforce development or the county child support agency under s.
559.53 (5). If the court has insufficient information with which to determine the
6amount of support, the court shall order the child's parent to furnish a statement of
7income, assets, debts
, and living expenses, if the parent has not already done so, to
8the court within 10 days after the court's order transferring custody or designating
9an alternative placement is entered or at such other time as ordered by the court.
SB40-CSA1,620,2011
48.36
(2) If an expectant mother or a child whose legal custody has not been
12taken from a parent or guardian is given educational and social services, or medical,
13psychological or psychiatric treatment by order of the court, the cost of those services
14or that treatment, if ordered by the court, shall be a charge upon the county in a
15county having a population of less than 500,000 or the department in a county having
16a population of 500,000 or more. This section does not prevent recovery of reasonable
17contribution toward the costs from the parent or guardian of the child or from an
18adult expectant mother as the court may order based on the ability of the parent,
19guardian or adult expectant mother to pay. This subsection shall be subject to s.
2046.03 (18) 49.32 (1).
SB40-CSA1,621,422
48.361
(2) (c) Payment for alcohol and other drug abuse services by a county
23department under this section does not prohibit the county department from
24contracting with another county department or approved treatment facility for the
25provision of alcohol and other drug abuse services. Payment by the county under this
1section does not prevent recovery of reasonable contribution toward the costs of the
2court-ordered alcohol and other drug abuse services from the parent or adult
3expectant mother which is based upon the ability of the parent or adult expectant
4mother to pay. This subsection is subject to s.
46.03 (18) 49.32 (1).
SB40-CSA1,621,106
48.362
(4) (c) A county department that pays for court-ordered special
7treatment or care under par. (a) may recover from the parent or adult expectant
8mother, based on the ability of the parent or adult expectant mother to pay, a
9reasonable contribution toward the costs of the court-ordered special treatment or
10care. This paragraph is subject to s.
46.03 (18)
49.32 (1).
SB40-CSA1,621,2212
48.363
(1) (c) If the proposed revision is for a change in the amount of child
13support to be paid by a parent, the court shall order the child's parent to provide a
14statement of income, assets, debts and living expenses to the court and the person
15or agency primarily responsible for implementing the dispositional order by a date
16specified by the court. The clerk of court shall provide, without charge, to any parent
17ordered to provide a statement of income, assets, debts
, and living expenses a
18document setting forth the percentage standard established by the department
of
19workforce development under s. 49.22 (9) and the manner of its application
20established by the department
of health and family services under s.
46.247 49.345
21(14) (g) and listing the factors that a court may consider under s.
46.10 49.345 (14)
22(c).
SB40-CSA1,622,324
48.363
(2) If the court revises a dispositional order with respect to the amount
25of child support to be paid by a parent for the care and maintenance of the parent's
1minor child who has been placed by a court order under this chapter in a residential,
2nonmedical facility, the court shall determine the liability of the parent in the
3manner provided in s.
46.10 49.345 (14).
SB40-CSA1,622,135
48.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
6for each child living in a foster home, treatment foster home, group home, residential
7care center for children and youth, juvenile detention facility, or shelter care facility,
8the agency that placed the child or arranged the placement or the agency assigned
9primary responsibility for providing services to the child under s. 48.355
(2) (b) 6g. 10shall prepare a written permanency plan, if any of the following conditions exists,
11and, for each child living in the home of a relative other than a parent, that agency
12shall prepare a written permanency plan, if any of the conditions specified in pars.
13(a) to (e) exists:
SB40-CSA1,622,2015
48.417
(2) (c) The agency primarily responsible for providing services to the
16child and the family under a court order, if required under s. 48.355 (2) (b) 6. to make
17reasonable efforts to make it possible for the child to return safely to his or her home,
18has not provided to the family of the child, consistent with the time period in the
19child's permanency plan, the services necessary for the safe return of the child to his
20or her home.
SB40-CSA1,623,722
48.425
(1) (c) If the child has been previously adjudicated to be in need of
23protection and services, a statement of the steps the agency or person responsible for
24provision of services has taken to remedy the conditions responsible for court
25intervention and the parent's response to and cooperation with these services. If the
1child has been removed from the home, the report
should shall also include a
2statement of the reasons why the child cannot be returned safely to the family
, and
3the steps the person or agency has taken to effect this return.
If a permanency plan
4has previously been prepared for the child, the report shall also include specific
5information showing that the agency primarily responsible for providing services to
6the child has made reasonable efforts to achieve the goal of the child's permanency
7plan.
SB40-CSA1,623,139
48.43
(1) (am) If the department or a county department receives guardianship
10or custody of the child under par. (a), an order ordering the child into the placement
11and care responsibility of the department or county department as required under
1242 USC 672 (a) (2) and assigning the department or county department primary
13responsibility for providing services to the child.
SB40-CSA1,623,2415
48.43
(1) (cm) If a permanency plan has previously been prepared for the child,
16a finding as to whether the agency primarily responsible for providing services to the
17child has made reasonable efforts to achieve the goal of the child's permanency plan.
18The court shall make the findings specified in this paragraph on a case-by-case basis
19based on circumstances specific to the child and shall document or reference the
20specific information on which those findings are based in the order. An order that
21merely references this paragraph without documenting or referencing that specific
22information in the order or an amended order that retroactively corrects an earlier
23order that does not comply with this paragraph is not sufficient to comply with this
24paragraph.
SB40-CSA1, s. 1267
1Section
1267. Subchapter XI (title) of chapter 48 [precedes 48.468] of the
2statutes is amended to read:
SB40-CSA1,624,44
subchapter XI
SB40-CSA1,624,6
5purpose, duties, and authority
6of department
SB40-CSA1,624,11
848.468 Purpose of department. The purpose of the department is to focus
9on integrating the child welfare, child care, and child support services provided in
10this state and the services provided under the Wisconsin Works program and on
11increasing collaboration and efficiency in providing those services.
SB40-CSA1,624,14
1348.47 Duties of department. (intro.)
The department shall do all of the
14following:
SB40-CSA1,624,1816
48.47
(3) Trustee duty. When ordered by the court, act as trustee of funds paid
17for the support of any child if appointed by the court or a circuit court commissioner
18under s. 767.82 (7).
SB40-CSA1,624,2120
48.47
(4) Education and prevention. Develop and maintain education and
21prevention programs that the department considers to be proper.
SB40-CSA1,624,2323
48.47
(7) (title)
Children and youth.
SB40-CSA1,625,4
148.48
(2b) To accept gifts, grants, or donations of money or of property from
2private sources to be administered by the department for the execution of its
3functions. All moneys so received shall be paid into the general fund and may be
4appropriated from that fund as provided in s. 20.437 (1) (i).
SB40-CSA1,625,126
48.48
(4) In order to discharge more effectively its responsibilities under this
7chapter and other relevant provisions of the statutes, to study causes and methods
8of prevention and treatment of problems among children and families and related
9social problems. The department may utilize all powers provided by the statutes,
10including the authority to accept grants of money or property from federal, state, or
11private sources, and enlist the cooperation of other appropriate agencies and state
12departments.
SB40-CSA1,625,1814
48.48
(12) (a) To enter into an agreement to assist in the cost of care of a child
15after legal adoption when the department has determined that such assistance is
16necessary to assure the child's adoption. Agreements under this paragraph shall be
17made in accordance with s. 48.975. Payments shall be made from the appropriation
18under s.
20.435 (3) 20.437 (1) (dd).
SB40-CSA1,625,2220
48.48
(17) (am) The requirement of statewide uniformity with respect to the
21organization and governance of human services does not apply to the administration
22of child welfare services under par. (a).
SB40-CSA1, s. 1276
23Section
1276. 48.48 (17) (c) (intro.) of the statutes is amended to read:
SB40-CSA1,626,3
148.48
(17) (c) (intro.) From the appropriations under s.
20.435 (3) 20.437 (1) 2(cx), (gx), (kw)
, and (mx), the department may provide funding for the maintenance
3of any child who meets all of the following criteria:
SB40-CSA1,626,75
48.48
(17) (c) 3. Received funding under
s. 20.437 (1) (cx) or 48.569 (1) (d) or
6under s. 20.435 (3) (cx)
, 2005 stats., or 46.495 (1) (d)
, 2005 stats., immediately prior
7to his or her 18th birthday.
SB40-CSA1,626,129
48.48
(17) (d) The funding provided for the maintenance of a child under par.
10(c) shall be in an amount equal to that which the child would receive under s.
20.435
11(3) 20.437 (1) (cx), (gx), (kw)
, and (mx) or
46.495 48.569 (1) (d) if the child were 17
12years of age.
SB40-CSA1,626,1514
48.48
(18) To contract with public or voluntary agencies or others for the
15following purposes:
SB40-CSA1,626,1816
(a) To purchase in full or in part care and services that the department is
17authorized by any statute to provide as an alternative to providing that care and
18those services itself.
SB40-CSA1,626,2219
(b) To purchase or provide in full or in part the care and services that county
20agencies may provide or purchase under any statute and to sell to county agencies
21such portions of that care and those services as the county agency may desire to
22purchase.
SB40-CSA1,626,2423
(d) To sell services, under contract, that the department is authorized to
24provide by statute, to any federally recognized tribal governing body.
SB40-CSA1,627,10
148.547
(2) Department responsibilities. Within the availability of funding
2under s.
20.435 (7) 20.437 (1) (mb) that is available for the program, the department
3shall select counties to participate in the program. Unless a county department of
4human services has been established under s. 46.23 in the county that is seeking to
5implement a program, the application submitted to the department shall be a joint
6application by the county department that provides social services and the county
7department established under s. 51.42 or 51.437. The department shall select
8counties in accordance with the request for proposal procedures established by the
9department. The department shall give a preference to county applications that
10include a plan for case management.
SB40-CSA1,627,2012
48.55
(1) The department shall establish a state adoption information
13exchange for the purpose of finding adoptive homes for children with special needs
14who do not have permanent homes and a state adoption center for the purposes of
15increasing public knowledge of adoption and promoting to adolescents and pregnant
16women the availability of adoption services. From the appropriation under s.
20.435
17(3) 20.437 (1) (dg), the department may provide not more than
$163,700 in fiscal year
182001-02 and not more than $171,300 in each fiscal year
thereafter as grants to
19individuals and private agencies to provide adoption information exchange services
20and to operate the state adoption center.
SB40-CSA1,627,2322
48.561
(3) (a) 1. Through a reduction of $37,209,200 from the
amount amounts 23distributed to that county under
s. ss. 46.40 (2)
and 48.563 (2) in each state fiscal year.
SB40-CSA1,628,13
148.561
(3) (b) The department of administration shall collect the amount
2specified in par. (a) 3. from a county having a population of 500,000 or more by
3deducting all or part of that amount from any state payment due that county under
4s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall
5notify the department of revenue, by September 15 of each year, of the amount to be
6deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08.
7The department of administration shall credit all amounts collected under this
8paragraph to the appropriation account under s.
20.435 (3) 20.437 (1) (kw) and shall
9notify the county from which those amounts are collected of that collection. The
10department may not expend any moneys from the appropriation account under s.
1120.435 (3) 20.437 (1) (cx) for providing services to children and families under s. 48.48
12(17) until the amounts in the appropriation account under s.
20.435 (3) 20.437 (1) 13(kw) are exhausted.
SB40-CSA1,628,18
1548.563 Children and family aids funding. (1) Distribution limits. (a)
16Within the limits of available federal funds and of the appropriations under s. 20.437
17(1) (b) and (o), the department shall distribute funds for children and family services
18to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.
SB40-CSA1,628,2319
(d) If the department receives from the department of health and family
20services under s. 46.40 (1) (d) any federal moneys under
42 USC 1396 to
1396v in
21reimbursement of the cost of preventing out-of-home placements of children, the
22department shall use those moneys as the first source of moneys used to meet the
23amount of the allocation under sub. (2) that is budgeted from federal funds.
SB40-CSA1,628,25
24(2) Basic county allocation. For children and family services under s. 48.569
25(1) (d), the department shall distribute not more than $67,452,000 in each fiscal year.
SB40-CSA1,629,6
1(14m) County children and family aids budgets. Before December 1 of each
2year, each county department and each tribal governing body shall submit to the
3department a proposed budget for the expenditure of funds allocated under this
4section, distributed under s. 48.565 (2) (a), or carried forward under s. 48.565 (3). The
5proposed budget shall be submitted on a form developed by the department and
6approved by the department of administration.
SB40-CSA1,629,14
848.565 Carry-over of children and family aids funds. Funds allocated by
9the department under s. 48.569 (1) (d) but not spent or encumbered by counties,
10governing bodies of federally recognized American Indian tribes, or private nonprofit
11organizations by December 31 of each year and funds recovered under s. 48.569 (2)
12(b) and deposited into the appropriation account under s. 20.437 (1) (b) lapse to the
13general fund on the succeeding January 1 unless carried forward to the next calendar
14year under s. 20.437 (1) (b) or as follows:
SB40-CSA1,629,25
15(3) At the request of a county, tribal governing body, or private nonprofit
16organization, the department shall carry forward up to 3 percent of the total amount
17allocated to the county, tribal governing body, or nonprofit organization for a
18calendar year. All funds carried forward for a tribal governing body or nonprofit
19organization and all federal child welfare funds under
42 USC 620 to
626 carried
20forward for a county shall be used for the purpose for which the funds were originally
21allocated. Other funds carried forward under this subsection may be used for any
22purpose under s. 20.437 (1) (b), except that a county may not use any funds carried
23forward under this subsection for administrative or staff costs. An allocation of
24carried-forward funding under this subsection does not affect a county's base
25allocation under s. 48.563 (2).
SB40-CSA1,630,5
1(6) The department may carry forward 10 percent of any funds specified in sub.
2(3) that are not carried forward under sub. (3) for emergencies, for justifiable unit
3services costs above planned levels, and for increased costs due to population shifts.
4An allocation of carried-forward funding under this subsection does not affect a
5county's base allocation under s. 48.563 (2).
SB40-CSA1,630,13
748.567 Expenditure of income augmentation services receipts. (1) 8From the appropriation account under s. 20.437 (3) (mp), the department shall
9support costs that are exclusively related to the ongoing and recurring operational
10costs of augmenting the amount of moneys received under
42 USC 670 to
679a and
11to any other purpose provided for by the legislature by law or in budget
12determinations. In addition, the department may expend moneys from the
13appropriation account under s. 20.437 (3) (mp) as provided in subs. (1m) and (2).
SB40-CSA1,631,3
14(2) If the department proposes to use any moneys from the appropriation
15account under s. 20.437 (3) (mp) for any purpose other than the purposes specified
16in subs. (1) and (1m), the department shall submit a plan for the proposed use of those
17moneys to the secretary of administration by September 1 of the fiscal year after the
18fiscal year in which those moneys were received. If the secretary of administration
19approves the plan, he or she shall submit the plan to the joint committee on finance
20by October 1 of the fiscal year after the fiscal year in which those moneys were
21received. If the cochairpersons of the committee do not notify the secretary of
22administration within 14 working days after the date of submittal of the plan that
23the committee has scheduled a meeting for the purpose of reviewing the plan, the
24department may implement the plan. If within 14 working days after the date of the
25submittal by the secretary of administration the cochairpersons of the committee
1notify him or her that the committee has scheduled a meeting for the purpose of
2reviewing the plan, the department may implement the plan only with the approval
3of the committee.
SB40-CSA1,631,20
548.568 Allocation of federal funds for children and family aids and
6child welfare. Subject to s. 48.563 (1) (b) and (c), if the department receives
7unanticipated federal foster care and adoption assistance payments under
42 USC
8670 to
679a and it proposes to allocate the unanticipated funds so that an allocation
9limit in s. 48.563 is exceeded, the department shall submit a plan for the proposed
10allocation to the secretary of administration. If the secretary of administration
11approves the plan, he or she shall submit it to the joint committee on finance. If the
12cochairpersons of the committee do not notify the secretary of administration that
13the committee has scheduled a meeting for the purpose of reviewing the plan within
1414 working days after the date of his or her submittal, the department may
15implement the plan, notwithstanding any allocation limits under s. 48.563. If within
1614 working days after the date of the submittal by the secretary of administration
17the cochairpersons of the committee notify him or her that the committee has
18scheduled a meeting for the purpose of reviewing the plan, the department may
19implement the plan, notwithstanding s. 48.563, only with the approval of the
20committee.
SB40-CSA1,631,25
2248.569 Distribution of children and family aids funds to counties. (1) 23(am) The department shall reimburse each county from the appropriations under
24s. 20.437 (1) (b) and (o) for children and family services as approved by the
25department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.
SB40-CSA1,632,14
1(d) From the appropriations under s. 20.437 (1) (b) and (o), the department shall
2distribute the funding for children and family services, including funding for foster
3care, treatment foster care, or subsidized guardianship care of a child on whose
4behalf aid is received under s. 48.645 to county departments as provided under s.
548.563. County matching funds are required for the distribution under s. 48.563 (2).
6Each county's required match for the distribution under s. 48.563 (2) shall be
7specified in a schedule established annually by the department. Matching funds
8may be from county tax levies, federal and state revenue sharing funds, or private
9donations to the county that meet the requirements specified in sub. (1m). Private
10donations may not exceed 25 percent of the total county match. If the county match
11is less than the amount required to generate the full amount of state and federal
12funds distributed for this period, the decrease in the amount of state and federal
13funds equals the difference between the required and the actual amount of county
14matching funds.
SB40-CSA1,632,1615
(dc) The department shall prorate the amount allocated to any county
16department under par. (d) to reflect actual federal funds available.