SECTION 402. 46.997 (4) of the statutes is renumbered 48.647 (4) and amended to read:
48.647 (4) EVALUATION. From the appropriation under s. 20.435 (3) 20.437 (1) (f), the department shall conduct or shall select an evaluator to conduct an evaluation of the grant program under this section and, by June 1 of the 3rd calendar year beginning after the year in which the first grant under this section is awarded, shall submit a report on that evaluation to the governor and to the appropriate standing committees under s. 13.172 (3). The evaluation shall measure the economic self-sufficiency, parenting skills, independent living skills, and life choice decision-making skills of the eligible persons who received services under the program and any other criteria that the department determines to be appropriate for evaluation.
SECTION 403. 48.01 (1) (h) of the statutes is created to read:
48.01 (1) (h) To provide a just and humane program of services to nonmarital children, children and unborn children in need of protection or services, and the expectant mothers of those unborn children; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a program of services to children and families.
SECTION 404. 48.02 (4) of the statutes is amended to read:
48.02 (4) "Department" means the department of health and family services children and families.
SECTION 405. 48.02 (16) of the statutes is created to read:
48.02 (16) "Secretary" means the secretary of children and families.
SECTION 406. 48.06 (4) of the statutes is amended to read:
48.06 (4) STATE AID. State aid to any county for 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. Counties having a population of less than 500,000 may use funds received under s. 46.495 48.569 (1) (d), 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 407. 48.275 (2) (d) 2. of the statutes is amended to read:
48.275 (2) (d) 2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the secretary of administration, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under s. 20.435 (3) 20.437 (1) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).
SECTION 408. 48.30 (6) (b) of the statutes is amended to read:
48.30 (6) (b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (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 a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 49.345 (14) (g) and listing the factors that a court may consider under s. 46.10 49.345 (14) (c).
SECTION 409. 48.31 (7) (b) of the statutes is amended to read:
48.31 (7) (b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (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 a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 49.345 (14) (g) and listing the factors that a court may consider under s. 46.10 49.345 (14) (c).
SECTION 410. 48.33 (4m) (intro.) of the statutes is amended to read:
48.33 (4m) SUPPORT RECOMMENDATIONS; INFORMATION TO PARENTS. (intro.) In making a recommendation for an amount of child support under sub. (4), the agency shall consider the factors that the court considers under s. 46.10 49.345 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under s. 48.335, the agency shall provide the child's parent with all of the following:
SECTION 411. 48.33 (4m) (b) of the statutes is amended to read:
48.33 (4m) (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 49.345 (14) (c).
SECTION 412. 48.357 (5m) (a) of the statutes is amended to read:
48.357 (5m) (a) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses 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 a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 49.345 (14) (g) and listing the factors that a court may consider under s. 46.10 49.345 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 49.345 (14).
SECTION 413. 48.36 (1) (a) of the statutes is amended to read:
48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department under s. 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health and family services or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).
SECTION 414. 48.36 (1) (b) of the statutes is amended to read:
48.36 (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 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 child's parent to furnish a statement of income, assets, debts, and living expenses, 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 415. 48.36 (2) of the statutes is amended to read:
48.36 (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to s. 46.03 (18) 49.32 (1).
SECTION 416. 48.361 (2) (c) of the statutes is amended to read:
48.361 (2) (c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or adult expectant mother which is based upon the ability of the parent or adult expectant mother to pay. This subsection is subject to s. 46.03 (18) 49.32 (1).
SECTION 417. 48.362 (4) (c) of the statutes is amended to read:
48.362 (4) (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent or adult expectant mother, based on the ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18) 49.32 (1).
SECTION 418. 48.363 (1) (c) of the statutes is amended to read:
48.363 (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 child's parent to provide a statement of income, assets, debts and living expenses 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 a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 49.345 (14) (g) and listing the factors that a court may consider under s. 46.10 49.345 (14) (c).
SECTION 419. 48.363 (2) of the statutes is amended to read:
48.363 (2) If the court revises a dispositional order with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 46.10 49.345 (14).
SECTION 420. Subchapter XI (title) of chapter 48 [precedes 48.47] of the statutes is amended to read:
chapter 48
SUBCHAPTER XI
Duties and authority of department
SECTION 421. 48.47 (intro.) of the statutes is created to read:
48.47 Duties of department. (intro.) The department shall do all of the following:
SECTION 422. 48.47 (3) of the statutes is created to read:
48.47 (3) TRUSTEE DUTY. When ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or a circuit court commissioner under s. 767.82 (7).
SECTION 423. 48.47 (4) of the statutes is created to read:
48.47 (4) EDUCATION AND PREVENTION. Develop and maintain education and prevention programs that the department considers to be proper.
SECTION 424. 48.47 (7) (title) of the statutes is created to read:
48.47 (7) (title) CHILDREN AND YOUTH.
SECTION 425. 48.48 (2b) of the statutes is created to read:
48.48 (2b) To accept gifts, grants, or donations of money or of property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and may be appropriated from that fund as provided in s. 20.437 (1) (i).
SECTION 426. 48.48 (4) of the statutes is created to read:
48.48 (4) In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, to study causes and methods of prevention and treatment of problems among children and families and related social problems. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other appropriate agencies and state departments.
SECTION 427. 48.48 (12) (a) of the statutes is amended to read:
48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with s. 48.975. Payments shall be made from the appropriation under s. 20.435 (3) 20.437 (1) (dd).
SECTION 428. 48.48 (17) (am) of the statutes is created to read:
48.48 (17) (am) The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under par. (a).
SECTION 429. 48.48 (17) (c) (intro.) of the statutes is amended to read:
48.48 (17) (c) (intro.) From the appropriations under s. 20.435 (3) 20.437 (1) (cx), (gx), (kw), and (mx), the department may provide funding for the maintenance of any child who meets all of the following criteria:
SECTION 430. 48.48 (17) (c) 3. of the statutes is amended to read:
48.48 (17) (c) 3. Received funding under s. 20.437 (1) (cx) or 48.569 (1) (d) or under s. 20.435 (3) (cx), 2005 stats., or 46.495 (1) (d), 2005 stats., immediately prior to his or her 18th birthday.
SECTION 431. 48.48 (17) (d) of the statutes is amended to read:
48.48 (17) (d) The funding provided for the maintenance of a child under par. (c) shall be in an amount equal to that which the child would receive under s. 20.435 (3) 20.437 (1) (cx), (gx), (kw), and (mx) or 46.495 48.569 (1) (d) if the child were 17 years of age.
SECTION 432. 48.48 (18) of the statutes is created to read:
48.48 (18) To contract with public or voluntary agencies or others for the following purposes:
(a) To purchase in full or in part care and services that the department is authorized by any statute to provide as an alternative to providing that care and those services itself.
(b) To purchase or provide in full or in part the care and services that county agencies may provide or purchase under any statute and to sell to county agencies such portions of that care and those services as the county agency may desire to purchase.
(d) To sell services, under contract, that the department is authorized to provide by statute, to any federally recognized tribal governing body.
SECTION 433. 48.543 (1) (intro.) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
48.543 (1) (intro.) From the appropriation account under s. 20.435 (3) 20.437 (1) (ky), the department shall distribute the following amounts in each fiscal year in Milwaukee County to organizations:
****NOTE: This is reconciled s. 48.543 (1) (intro.). This SECTION has been affected by drafts with the following LRB numbers: -1261 and -1508.
SECTION 434. 48.543 (2) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
48.543 (2) From the appropriation account under s. 20.435 20.437 (1) (kz), the department shall distribute $500,000 in each fiscal year for comprehensive early childhood initiatives in Dane County that provide home visiting and employment preparation and support for low-income families.
****NOTE: This is reconciled s. 48.543 (2). This SECTION has been affected by drafts with the following LRB numbers: -1261 and -1508.
SECTION 435. 48.547 (2) of the statutes is amended to read:
48.547 (2) DEPARTMENT RESPONSIBILITIES. Within the availability of funding under s. 20.435 (7) 20.437 (1) (mb) that is available for the program, the department shall select counties to participate in the program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a program, the application submitted to the department 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 shall select counties in accordance with the request for proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.
SECTION 436. 48.55 (1) of the statutes is amended to read:
48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) 20.437 (1) (dg), the department may provide not more than $163,700 in fiscal year 2001-02 and not more than $171,300 in each fiscal year thereafter as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.
SECTION 437. 48.561 (3) (a) 1. of the statutes is amended to read:
48.561 (3) (a) 1. Through a reduction of $37,209,200 from the amount amounts distributed to that county under s. ss. 46.40 (2) and 48.563 (2) in each state fiscal year.
SECTION 438. 48.561 (3) (b) of the statutes is amended to read:
48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.435 (3) 20.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.435 (3) 20.437 (1) (kw) are exhausted.
SECTION 439. 48.563 of the statutes is created to read:
48.563 Children and family aids funding. (1) DISTRIBUTION LIMITS. (a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b) and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.
(d) If the department receives from the department of health and family services under s. 46.40 (1) (d) any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. (2) that is budgeted from federal funds.
(2) BASIC COUNTY ALLOCATION. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $67,265,000 in each fiscal year.
SECTION 440. 48.565 of the statutes is created to read:
48.565 Carry-over of children and family aids funds. Funds allocated by the department under s. 48.569 (1) (d) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes, or private nonprofit organizations by December 31 of each year and funds recovered under s. 48.569 (2) (b) and deposited into the appropriation account under s. 20.437 (1) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.437 (1) (b) or as follows:
(3) At the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3 percent of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year. All funds carried forward for a tribal governing body or nonprofit organization and all federal child welfare funds under 42 USC 620 to 626 carried forward for a county shall be used for the purpose for which the funds were originally allocated. Other funds carried forward under this subsection may be used for any purpose under s. 20.437 (1) (b), except that a county may not use any funds carried forward under this subsection for administrative or staff costs. An allocation of carried-forward funding under this subsection does not affect a county's base allocation under s. 48.563 (2).
(6) The department may carry forward 10 percent of any funds specified in sub. (3) that are not carried forward under sub. (3) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this subsection does not affect a county's base allocation under s. 48.563 (2).
SECTION 441. 48.567 of the statutes is created to read:
48.567 Expenditure of income augmentation services receipts. (1) From the appropriation account under s. 20.437 (3) (mp), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a and to any other purpose provided for by the legislature by law or in budget determinations. In addition, the department may expend moneys from the appropriation account under s. 20.437 (3) (mp) as provided in subs. (1m) and (2).
(2) If the department proposes to use any moneys from the appropriation account under s. 20.437 (3) (mp) for any purpose other than the purposes specified in subs. (1) and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.
SECTION 442. 48.568 of the statutes is created to read:
48.568 Allocation of federal funds for children and family aids and child welfare. Subject to s. 48.563 (1) (b) and (c), if the department receives unanticipated federal foster care and adoption assistance payments under 42 USC 670 to 679a and it proposes to allocate the unanticipated funds so that an allocation limit in s. 48.563 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 48.563. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 48.563, only with the approval of the committee.
