SECTION 16. 48.38 (2) (intro.) of the statutes is amended to read:
48.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:
SECTION 17. 48.417 (2) (c) of the statutes is amended to read:
48.417 (2) (c) The agency primarily responsible for providing services to the child and the family under a court order, if required under s. 48.355 (2) (b) 6. to make reasonable efforts to make it possible for the child to return safely to his or her home, has not provided to the family of the child, consistent with the time period in the child's permanency plan, the services necessary for the safe return of the child to his or her home.
SECTION 18. 48.425 (1) (c) of the statutes is amended to read:
48.425 (1) (c) If the child has been previously adjudicated to be in need of protection and services, a statement of the steps the agency or person responsible for provision of services has taken to remedy the conditions responsible for court intervention and the parent's response to and cooperation with these services. If the child has been removed from the home, the report should shall also include a statement of the reasons why the child cannot be returned safely to the family, and the steps the person or agency has taken to effect this return. If a permanency plan has previously been prepared for the child, the report shall also include specific information showing that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goal of the child's permanency plan.
SECTION 19. 48.43 (1) (am) of the statutes is created to read:
48.43 (1) (am) If the department or a county department receives guardianship or custody of the child under par. (a), an order ordering the child into the placement and care responsibility of the department or county department as required under 42 USC 672 (a) (2) and assigning the department or county department primary responsibility for providing services to the child.
SECTION 20. 48.43 (1) (cm) of the statutes is created to read:
48.43 (1) (cm) If a permanency plan has previously been prepared for the child, a finding as to whether the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goal of the child's permanency plan. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the order. An order that merely references this paragraph without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this paragraph is not sufficient to comply with this paragraph.
SECTION 21. 48.63 (1) of the statutes is amended to read:
48.63 (1) Acting under court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, or a child welfare agency licensed to place children in foster homes, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 180 days from the date on which the child was removed from the home under the voluntary agreement. A group home placement under a voluntary agreement may not exceed 15 days from the date on which the child was removed from the home under the voluntary agreement, except as provided in sub. (5). These time limitations do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and sub. (5) (b) and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older. If a county department, the department, or the department of corrections places a child or negotiates or acts as intermediary for the placement of a child under this subsection, the voluntary agreement shall also specifically state that the county department, department, or department of corrections has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child.
SECTION 22. 48.75 (1g) (c) 1. of the statutes is amended to read:
48.75 (1g) (c) 1. A statement that the public licensing agency issuing the license is responsible has placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child who is placed in the foster home, as specified in the agreement.
SECTION 23. 767.41 (3) (a) of the statutes is amended to read:
767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), or to a licensed child welfare agency, or, in a county having a population of 500,000 or more, the department of health and family services. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.
SECTION 24. 767.41 (3) (am) of the statutes is created to read:
767.41 (3) (am) If the court transfers legal custody of a child under this subsection, the order transferring custody shall include a finding that placement of the child in his or her home would be contrary to the welfare of the child and a finding that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the health and safety of the child are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. If the legal custodian appointed under par. (a) is a county department, the court shall order the child into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the child. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this paragraph without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this paragraph is not sufficient to comply with this paragraph.
SECTION 25. 767.451 (7) of the statutes is amended to read:
767.451 (7) TRANSFER TO DEPARTMENT. The court may order custody transferred to the department of health and family services only if that department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).
SECTION 26. 938.21 (5) (b) 1. of the statutes is renumbered 938.21 (5) (b) 1. a. and amended to read:
938.21 (5) (b) 1. a. A finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile. Unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, the order shall in addition include a
b. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, and a unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.
c. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to make it possible for the juvenile to return safely home.
1m. If for good cause shown sufficient information is not available for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home, the order shall include while assuring that the juvenile's health and safety are the paramount concerns, a finding as to whether those reasonable efforts were made to make it possible for the juvenile to return safely home and an order for the county department or agency primarily responsible for providing services to the juvenile under the custody order to file with the court sufficient information for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home by no later than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of on which the order is granted.
SECTION 27. 938.21 (5) (b) 1. d. of the statutes is created to read:
938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
SECTION 28. 938.21 (5) (c) of the statutes is amended to read:
938.21 (5) (c) The court shall make the findings specified in par. (b) 1., 1m., and 3. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the custody order. A custody order that merely references par. (b) 1., 1m., or 3. without documenting or referencing that specific information in the custody order or an amended custody order that retroactively corrects an earlier custody order that does not comply with this paragraph is not sufficient to comply with this paragraph.
SECTION 29. 938.235 (4) (b) of the statutes is amended to read:
938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. 938.33 (1) (c) as primarily responsible for the provision of services to notify the guardian ad litem, if any, regarding actions to be taken under par. (a).
SECTION 30. 938.315 (2m) (a) of the statutes is amended to read:
938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1. or 1m., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more than 60 days after the date on which the juvenile was removed from the home.
SECTION 31. 938.32 (1) (c) 1. d. of the statutes is created to read:
938.32 (1) (c) 1. d. If the juvenile's placement or other living arrangement is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
SECTION 32. 938.355 (2) (b) 1. of the statutes is amended to read:
938.355 (2) (b) 1. The specific services or continuum of services to be provided to the juvenile and the juvenile's family, the identity of the agencies that are primarily responsible for the provision of the services, the identity of the person or agency that will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
SECTION 33. 938.355 (2) (b) 6g. of the statutes is created to read:
938.355 (2) (b) 6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
SECTION 34. 938.355 (6) (d) 1. of the statutes is amended to read:
938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
SECTION 35. 938.355 (6m) (a) 1g. of the statutes is amended to read:
938.355 (6m) (a) 1g. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
SECTION 36. 938.357 (1) (am) 3. of the statutes is amended to read:
938.357 (1) (am) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain one of the statements the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.
SECTION 37. 938.357 (1) (c) 3. of the statutes is amended to read:
938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3.
SECTION 38. 938.357 (2m) (c) of the statutes is amended to read:
938.357 (2m) (c) In-home to out-of-home placement; findings Findings required. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.
SECTION 39. 938.357 (2v) (a) 1m. of the statutes is created to read:
938.357 (2v) (a) 1m. If the change in placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the juvenile's home, whether from a placement in the home or from another placement outside the home, an order ordering the juvenile into, or to be continued in, the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility, or continued primary responsibility, for providing services to the juvenile.
SECTION 40. 938.38 (2) (intro.) of the statutes is amended to read:
938.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:
SECTION 9321. Initial applicability; Health and Family Services.
(1) OUT-OF-HOME PLACEMENTS OF CHILDREN.
(a) Juvenile court reports. The treatment of section 48.425 (1) (c) of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this paragraph.
(b) Orders placing child outside home. The treatment of sections 48.21 (5) (c), 48.235 (4) (b) and (4m) (b), 48.355 (2) (b) 1. and 6g., 48.357 (1) (am) 3. and (c) 3., (2m) (c), and (2v) (a) 1m., 48.38 (2) (intro.), 48.417 (2) (c), 48.43 (1) (am) and (cm), 767.41 (3) (a) (with respect to transferring legal custody of a child to the department of health and family services) and (am), 767.451 (7) (with respect to transferring legal custody of a child to the department of health and family services), 938.21 (5) (c), 938.235 (4) (b), 938.32 (1) (c) 1. d., 938.355 (2) (b) 1. and 6g., (6) (d) 1., and (6m) (a) 1g., 938.357 (1) (am) 3. and (c) 3., (2m) (c), and (2v) (a) 1m., and 938.38 (2) (intro.) of the statutes, the renumbering and amendment of sections 48.21 (5) (b) 1., 48.32 (1) (b) 1., and 938.21 (5) (b) 1. of the statutes and the creation of sections 48.21 (5) (b) 1. d., 48.32 (1) (b) 1. d., and 938.21 (5) (b) 1. d. of the statutes first apply to court orders granted on the effective date of this paragraph.
****NOTE: This is reconciled SECTION 9321 (1) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0261 and LRB-1261.
(c) Voluntary agreements placing child outside home. The treatment of sections 48.63 (1) and 48.75 (1g) (c) 1. of the statutes first applies to voluntary agreements placing a child outside the home entered into on the effective date of this paragraph.
(End)
LRB-0262LRB-0262/1
GMM:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Dombrowski, BB0070 - TEACH--Expand use of e-rate funds
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Other educational and cultural agencies
Under current law, DOA administers an Educational Telecommunications Access Program under which DOA provides, or contracts for provision of, Internet access and two-way interactive video links to educational agencies. Under that program, an educational agency is charged a monthly fee for that access, and any costs incurred by DOA that exceed that monthly fee are paid from the universal service fund, which is a separate trust fund that consists of contributions made by certain telecommunications providers and that is used to promote universal access to telecommunications services (universal service). In addition, DOA receives aid from a federal program that supports universal service, commonly referred to as the E-Rate Program, that DOA uses to pay administrative expenses, to reimburse the Building Commission for public debt incurred in providing educational technology infrastructure to school districts and public libraries (public debt), and to provide additional educational telecommunications access to educational agencies that are eligible for a rate discount under the E-Rate Program, specifically, public or private elementary and secondary schools and public libraries.
This bill permits DOA to use moneys received under the E-Rate Program (E-Rate funds) to make payments to telecommunications providers that provide educational telecommunications access to educational agencies that are eligible for a rate discount under the E-Rate Program. DOA may use E-Rate funds to make those payments, however, only to the extent that sufficient E-Rate funds for the provision of that access are available after payment of administrative expenses and reimbursement of the Building Commission for public debt.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.505 (4) (mp) of the statutes is amended to read:
20.505 (4) (mp) Federal e-rate aid. All federal moneys received under 47 USC 254 for the provision of educational telecommunications access to educational agencies under s. 16.997 to pay administrative expenses relating to the receipt and disbursement of those federal moneys and, to reimburse pars. (es) and (et) as provided in s. 16.995 (3m), and, to the extent that sufficient moneys for the provision of that access are available after payment of those expenses and that reimbursement, to make payments to telecommunications providers that under contracts under s. 16.971 (13), (14), (15), or (16) provide that access to educational agencies that are eligible for a rate discount for telecommunications services under 47 USC 254; and all federal moneys received under 47 USC 254 for the provision of additional educational telecommunications access to educational agencies under s. 16.998 to reduce the rates charged those educational agencies for those services as provided in s. 16.998.
(End)
LRB-0263LRB-0263/4
PJK:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0010 - Eliminate MA outpatient prescription drug coverage for dual eligibles
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: prescription drug coverage under Medical Assistance.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program, under which eligible individuals, generally low-income, elderly, or disabled, receive health care benefits. Some individuals who are eligible for MA are also eligible for Medicare Part D, which is the portion of the federal health insurance program for individuals who are, generally, 65 years of age or older or disabled that provides prescription drug coverage. Enrollment in Medicare Part D is voluntary. Not all Part D plans in which individuals may enroll cover all of the prescription drugs that may be covered under Medicare Part D.
This bill provides that, for an individual who is eligible for both MA and Medicare Part D, benefits under MA do not include payment for any prescription drug for which there may be coverage under Medicare Part D, regardless of whether the individual is enrolled in Medicare Part D and, if he or she is enrolled, regardless of whether the individual's Part D plan covers the drug. Thus, to have coverage for a prescription drug for which Medicare Part D may provide coverage, an individual who is eligible for both MA and Medicare Part D must enroll in Medicare Part D in a Part D plan that covers the drug; MA will not cover it.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.46 (2) (b) (intro.) of the statutes is amended to read:
49.46 (2) (b) (intro.) Except as provided in par. pars. (be) and (dc), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:
SECTION 2. 49.46 (2) (dc) of the statutes is created to read:
