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.
SECTION 989. 938.57 (3) (a) (intro.) of the statutes is amended to read:
938.57 (3) (a) (intro.) From the reimbursement received under s. 46.495 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:
SECTION 990. 938.57 (3) (a) 3. of the statutes is amended to read:
938.57 (3) (a) 3. Received funding under s. 46.495 48.569 (1) (d) immediately prior to his or her 17th birthday.
SECTION 991. 938.57 (3) (b) of the statutes is amended to read:
938.57 (3) (b) The funding provided for the maintenance of a juvenile under par. (a) shall be in an amount equal to that to which the juvenile would receive under s. 46.495 48.569 (1) (d) if the juvenile were 16 years of age.
SECTION 992. 938.78 (2) (h) of the statutes is amended to read:
938.78 (2) (h) Paragraph (a) does not prohibit the department of health and family services children and families, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by that department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 993. 948.22 (4) (b) of the statutes is amended to read:
948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development children and families under s. 49.22 (9) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).
SECTION 994. 948.31 (1) (a) 2. of the statutes is amended to read:
948.31 (1) (a) 2. The department of health and family services children and families 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.
SECTION 995. 973.05 (2m) (r) of the statutes is amended to read:
973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17 (4) (c) until paid in full.
SECTION 996. 973.055 (3) of the statutes is amended to read:
973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited by the secretary of administration in s. 20.435 (3) 20.437 (1) (hh) and utilized in accordance with s. 46.95 49.165.
SECTION 997. 977.06 (4) (bm) of the statutes is amended to read:
977.06 (4) (bm) In response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the state public defender shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual, if the name, address or financial information is included in any statement, affidavit or other information provided by the individual regarding financial eligibility under s. 977.07 and if, at the time the request for information is made, the individual is represented by the state public defender or by counsel assigned under s. 977.08.
SECTION 998. 978.05 (4m) of the statutes is amended to read:
978.05 (4m) WELFARE FRAUD INVESTIGATIONS. Cooperate with the departments of workforce development children and families and health and family services regarding the fraud investigation programs under ss. 49.197 (1m) and 49.845 (1).
SECTION 999. 995.67 (1) (a) of the statutes is amended to read:
995.67 (1) (a) "Domestic abuse" has the meaning given in s. 46.95 49.165 (1) (a).
SECTION 9121. Nonstatutory provisions; Health and Family Services.
(1) TRANSFER TO THE DEPARTMENT OF CHILDREN AND FAMILIES.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.
(b) Employee transfers.
1. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, are transferred to the department of children and families.
2. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to general administration and program support that the secretary of administration determines should be transferred to the department of children and families are transferred to that department. Upon determination of these employees, the secretary of health and family services shall, by October 1, 2007, and in conjunction with the secretary of workforce development, submit a plan to the secretary of administration requesting the transfer of moneys between the general purpose revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue-service appropriations for the departments of health and family services and workforce development and the department of children and families, between the appropriations of given segregated funds for the departments of health and family services and workforce development and the department of children and families, and between the federal revenue appropriations for the departments of health and family services and workforce development and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.
