767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:
SECTION 945. 767.59 (1f) (b) 4. of the statutes is amended to read:
767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.
SECTION 946. 767.59 (2) (c) of the statutes is amended to read:
767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is applicable.
SECTION 947. 767.59 (2s) of the statutes is amended to read:
767.59 (2s) STIPULATION FOR REVISION OF SUPPORT. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.
SECTION 948. 767.87 (2m) of the statutes is amended to read:
767.87 (2m) ADMISSIBILITY OF CERTAIN MEDICAL AND GENETIC INFORMATION. Medical and genetic information filed with the department of health and family services or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the paternity of the child.
SECTION 949. 767.87 (6) (a) of the statutes is amended to read:
767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.
SECTION 950. 769.201 (7) of the statutes is amended to read:
769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and family services children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.
SECTION 951. 769.31 (1) of the statutes is amended to read:
769.31 (1) The department of workforce development children and families is the state information agency under this chapter.
SECTION 952. 809.105 (13) of the statutes is amended to read:
809.105 (13) CERTAIN PERSONS BARRED FROM PROCEEDINGS. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.
SECTION 953. 813.12 (5) (b) of the statutes is amended to read:
813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 46.95 49.165 (3) (c) to help a person file a petition.
SECTION 954. 813.122 (6) (b) of the statutes is amended to read:
813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.
SECTION 955. 814.75 (22m) of the statutes is amended to read:
814.75 (22m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).
SECTION 956. 814.76 (15m) of the statutes is amended to read:
814.76 (15m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).
SECTION 957. 814.80 (11) of the statutes is amended to read:
814.80 (11) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).
SECTION 958. 859.07 (2) (a) (intro.) of the statutes is amended to read:
859.07 (2) (a) (intro.) The personal representative shall provide notice of the date set under s. 859.01 to the department of health and family services, the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:
SECTION 959. 859.07 (2) (a) 2. of the statutes is amended to read:
859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.
SECTION 960. 859.15 of the statutes is amended to read:
859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation which that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.
SECTION 961. 885.01 (5) of the statutes is amended to read:
885.01 (5) By the department of workforce development children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.
SECTION 962. 895.45 (1) (a) of the statutes is amended to read:
895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.
SECTION 963. 895.4803 of the statutes is amended to read:
895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.
SECTION 964. 895.485 (4) (a) of the statutes is amended to read:
895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which relates to a medical, physical, mental, or emotional condition of the child.
SECTION 965. 905.15 (1) of the statutes is amended to read:
905.15 (1) An employee of the department of health and family services, the department of workforce development children and families or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.
SECTION 966. 938.02 (6) of the statutes is amended to read:
938.02 (6) "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 children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
SECTION 967. 938.02 (7) of the statutes is amended to read:
938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.
SECTION 968. 938.02 (17) of the statutes is amended to read:
938.02 (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 children and families under s. 48.66 (1) (a).
SECTION 969. 938.06 (1) (b) of the statutes is amended to read:
938.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. ss. 46.495 and 48.569.
SECTION 970. 938.06 (4) of the statutes is amended to read:
938.06 (4) STATE AID. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 46.495 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 may use funds received under ss. 46.495 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 46.495 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.
SECTION 971. 938.22 (1) (a) of the statutes is amended to read:
938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 46.16 and 46.17 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.16, 46.17, and 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.
SECTION 972. 938.22 (2) (a) of the statutes is amended to read:
938.22 (2) (a) Counties shall submit plans for a juvenile detention facility or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of health and family services children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.
SECTION 973. 938.22 (7) (a) of the statutes is amended to read:
938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services children and families under s. 48.67, meet the requirements specified in s. 48.685, and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
SECTION 974. 938.22 (7) (b) of the statutes is amended to read:
938.22 (7) (b) Before the department of health and family services children and families may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility shall pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the license. A new shelter care facility shall pay the fee by no later than 30 days before the opening of the shelter care facility.
SECTION 975. 938.30 (6) (b) of the statutes is amended to read:
938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).
SECTION 976. 938.31 (7) (b) of the statutes is amended to read:
938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).
SECTION 977. 938.355 (2b) of the statutes is amended to read:
938.355 (2b) CONCURRENT REASONABLE EFFORTS PERMITTED. A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of health and family services children and families, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement.
SECTION 978. 938.357 (4) (a) of the statutes is amended to read:
938.357 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department places a juvenile in a Type 2 juvenile correctional facility operated by a child welfare agency, the department shall reimburse the child welfare agency at the rate established under s. 46.037 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth remains under the supervision of the department, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).
SECTION 979. 938.357 (4) (b) 2. of the statutes is amended to read:
938.357 (4) (b) 2. If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department, and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2., for not more than 10 days. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision, the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 46.037 49.343, and that child welfare agency shall reimburse the department at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility.
SECTION 980. 938.357 (4) (c) 1. of the statutes is amended to read:
938.357 (4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility operated by a child welfare agency under par. (a) and it appears that a less restrictive placement would be appropriate for the juvenile, the department, after consulting with the child welfare agency that is operating the Type 2 juvenile correctional facility, may place the juvenile in a less restrictive placement, and may return the juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037 49.343.
SECTION 981. 938.357 (4) (c) 2. of the statutes is amended to read:
938.357 (4) (c) 2. If a juvenile is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) and it appears that a less restrictive placement would be appropriate for the juvenile, the child welfare agency operating the Type 2 residential care center for children and youth shall notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency may place the juvenile in a less restrictive placement. A child welfare agency may also, with the agreement of the county department that has supervision over a juvenile who is placed in a less restrictive placement under this subdivision, return the juvenile to the Type 2 residential care center for children and youth without a hearing under sub. (1) (am) 2. The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037 49.343.
SECTION 982. 938.357 (5m) (a) of the statutes is amended to read:
938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).
SECTION 983. 938.36 (1) (b) of the statutes is amended to read:
938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of workforce development children and families, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
SECTION 984. 938.363 (1) (c) of the statutes is amended to read:
938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).
SECTION 985. 938.396 (2g) (b) of the statutes is amended to read:
938.396 (2g) (b) Federal program monitoring. Upon request of the department of health and family services, the department of corrections children and families, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection by authorized representatives of that department or federal agency.
SECTION 986. 938.538 (6) of the statutes is amended to read:
938.538 (6) PURCHASE OF SERVICES. The department of corrections may contract with the department of health and family services, the department of children and families, a county department, or any public or private agency for the purchase of goods, care, and services for participants in the program under this section. The department of corrections shall reimburse a person from whom it purchases goods, care, or services under this subsection from the appropriation under s. 20.410 (3) (cg).
SECTION 987. 938.547 (2) of the statutes is amended to read:
938.547 (2) DEPARTMENT RESPONSIBILITIES. Within the availability of funding under s. 20.435 (7) 20.437 (1) (mb) that is available for the pilot program, the department of health and family services children and families shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department of health and family services children and families shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department of health and family services children and families shall select counties in accordance with the request-for-proposal procedures established by that department. The department of health and family services children and families shall give a preference to county applications that include a plan for case management.
SECTION 988. 938.548 of the statutes is amended to read:
938.548 Multidisciplinary screen and assessment criteria. The department of health and family services children and families shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.
