SB317: Bill Text

Current law allows DCF to carry forward up to 10 percent of allocated children and family services funds, less any amount carried forward as requested, for emergencies, justifiable costs above planned levels, and increased costs due to population shifts. This bill instead requires DCF, at a county's request, to carry forward up to 10 percent of those funds for emergencies or other circumstances that DCF agrees were unforeseen when the original allocation to the county was made. In addition, this bill requires any children and family services funds carried forward from one calendar year to the next to be used for children and family services and not general county administrative costs. The bill also prohibits any amount of funds carried forward from affecting the determination of a county's share of the children and family services funding allocated for a calendar year.

Under current law, DCF provides grants to certain counties, private agencies, and Indian tribes to fund home visitation programs. In a home visitation program, pregnant women who are eligible for Medical Assistance (MA) are offered an opportunity to undergo a risk assessment to determine whether they present risk factors for poor birth outcomes or for perpetrating child abuse or neglect. A person who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his or her child is offered home visitation program services that begin during the prenatal period and may continue up until the child reaches five years of age. This bill allows DCF to provide these grants to cities as well.

Also under current law, DCF determines the amount of a home visitation program grant awarded to a county, private agency, or Indian tribe based on a formula that determines need based on the number of births that are funded by MA in the county, service area of the private agency, or reservation of the tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes in that county, service area, or reservation. This bill changes how DCF determines the amount of a home visitation program grant by requiring the amount to be based on the need of the county, city, private agency, or Indian tribe and its capacity to participate in the home visitation program.

Various statutes are limited in application to Milwaukee County by references to "a county that has a population of 500,000 or more." Because of population increases in the state, this bill changes certain of those references that relate to children or DCF or Department of Health Services (DHS) responsibilities to "a county that has a population of 750,000 or more" so that those statutes continue to apply only to Milwaukee County.

Medical Assistance

Under current law, certain federal MA moneys that are received in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under Title IV-E of the federal Social Security Act (Title IV-E) are appropriated to DHS, transferred to DCF, and used to support the costs of augmenting the amount of moneys received under Title IV-E and of implementing the statewide automated child welfare information system and to provide services to children and families. This bill eliminates the transfer of MA moneys from DHS to DCF for these purposes and eliminates the requirement that DCF support the costs of augmenting the moneys received under Title IV-E.

Other health and human services

Under current law, the state receives federal moneys as a result of a contract in conjunction with the federal Medicare and Medicaid programs (income augmentation funds). DHS is required to distribute a certain portion of these income augmentation funds to certain counties receiving community aids for providing community social, mental health, developmental disabilities, and alcohol and other drug abuse services. This bill eliminates the statutory requirements on spending income augmentation funds by DHS.

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:

SB317,1 Section 1. 20.435 (8) (mb) of the statutes is amended to read:

SB317,6,11 20.435 (8) (mb) Income augmentation services receipts. All moneys that are received under 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v as the result of income augmentation activities for which the state has contracted, to be used as provided in s. 46.46; and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be transferred to the appropriation account under s. 20.437 (3) (kp) , 2013 stats. All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in ss. s. 46.46 and 48.567, 2013 stats., shall be deposited in the general fund as a nonappropriated receipt.

SB317,2 Section 2. 20.435 (8) (mm) of the statutes is amended to read:

SB317,7,11 20.435 (8) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. s. 46.46, 2013 stats., and ss. 49.45 (6u), and 49.49, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties and the costs of any corrective action affecting the department of health services. Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.

SB317,3 Section 3. 20.437 (1) (b) of the statutes is amended to read:

SB317,8,4 20.437 (1) (b) Children and family aids payments. The amounts in the schedule for services for children and families under s. 48.563, for reimbursement to counties having a population of less than 500,000 750,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22, and for foster care and subsidized guardianship care under ss. 48.645 and 49.19 (10). Social services disbursements under s. 49.32 (2) (b) may be made from this appropriation. Refunds received relating to payments made under s. 49.32 (2) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under s. 48.569 (2) (b), from prior fiscal year audit adjustments. Except for amounts authorized to be carried forward under s. 48.565, all funds recovered under s. 48.569 (2) (b) and all funds allocated under s. 48.563 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB317,4 Section 4. 20.437 (1) (d) of the statutes is repealed.

SB317,5 Section 5. 20.437 (1) (da) of the statutes is repealed.

SB317,6 Section 6. 20.437 (1) (km) of the statutes is amended to read:

SB317,8,11 20.437 (1) (km) Interagency and intra-agency aids; children and family aids; local assistance. All moneys transferred from the appropriation accounts account under sub. (2) (md) and s. 20.435 (7) (o), for services for children and families under s. 48.563.

SB317,7 Section 7. 20.437 (1) (m) of the statutes is amended to read:

SB317,8,15 20.437 (1) (m) Federal project operations. All moneys received from the federal government or any of its agencies for the state administration of specific limited term projects to be expended for the such purposes specified.

SB317,8 Section 8. 20.437 (1) (ma) of the statutes is amended to read:

SB317,8,19 20.437 (1) (ma) Federal project aids. All moneys received from the federal government or any of its agencies for specific limited term projects to be expended as aids to individuals or organizations for the such purposes specified.

SB317,9 Section 9. 20.437 (1) (mc) of the statutes is amended to read:

SB317,8,24 20.437 (1) (mc) Federal block grant operations. Except as provided in sub. (2) (mc) and (mg), all block grant moneys received from the federal government or any of its agencies for the state administration of federal block grants , for the such purposes specified.

SB317,10 Section 10. 20.437 (1) (md) of the statutes is amended to read:

SB317,9,4 20.437 (1) (md) Federal block grant aids. Except as provided in par. (mc) and sub. (2) (md) and (mg), all block grant moneys received from the federal government or any of its agencies to be expended as local assistance or aids to individuals or organizations, for such purposes.

SB317,11 Section 11. 20.437 (1) (me) of the statutes is repealed.

SB317,12 Section 12. 20.437 (1) (n) of the statutes is amended to read:

SB317,9,10 20.437 (1) (n) Federal program operations. All Except as provided in pars. (m), (mc), and (mw), all moneys received from the federal government or any of its agencies for the state administration of continuing programs to be expended under this subsection, for the such purposes specified.

SB317,13 Section 13. 20.437 (1) (na) of the statutes is amended to read:

SB317,9,15 20.437 (1) (na) Federal program aids. All Except as provided in pars. (ma), (md), and (mx), all moneys received from the federal government or any of its agencies for continuing programs to be expended as aids to individuals or organizations, for the such purposes specified.

SB317,14 Section 14. 20.437 (2) (dz) of the statutes is amended to read:

SB317,9,25 20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; for kinship care and long-term kinship care assistance as specified under s. 49.175 (1) (s); for aid payments and local administration with respect to any services or program specified under s. 49.175 (1); and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

SB317,15 Section 15. 20.437 (2) (ja) of the statutes is amended to read:

SB317,11,2 20.437 (2) (ja) Child support state operations — fees and, reimbursements , and collections. All moneys received from fees charged under s. 49.22 (8), from fees ordered or otherwise owed under s. 767.57 (1e) (a), from fees collected under ss. 49.854 (11) (b) and 767.57 (1e) (b) 1m. and (c), from reimbursements under s. 108.13 (4) (f), from fees charged and incentive payments and collections retained under s. 49.22 (7m), and under s. 49.855 (4) or (4m) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service or the department of administration for unpaid fees ordered or otherwise owed under s. 767.57 (1e) (a), for costs associated with receiving and disbursing support and support-related payments, including any contract costs, and for administering the program under s. 49.22 and all other purposes specified in s. 49.22; and all moneys received under s. 49.855 (4m) from the department of administration that were withheld for child support, family support, maintenance, medical expenses, or birth expenses, to be distributed in accordance with state law and federal regulations.

SB317,16 Section 16. 20.437 (2) (kp) of the statutes is repealed.

SB317,17 Section 17. 20.437 (2) (md) of the statutes is amended to read:

SB317,11,13 20.437 (2) (md) Federal block grant aids. The amounts in the schedule for aids to individuals or organizations and to be transferred to the appropriation accounts under sub. (1) (km) and ss. 20.435 (4) (kz), (6) (kx), (7) (ky), and (8) (kx) and 20.835 (2) (kf). All block grant moneys received for these purposes from the federal government or any of its agencies shall be credited to this appropriation account. The department may credit to this appropriation account the amount of any returned check, or payment in other form, that is subject to expenditure in the same contract period in which the original payment attempt was made, regardless of the fiscal year in which the original payment attempt was made.

SB317,18 Section 18. 20.437 (2) (pz) of the statutes is repealed.

SB317,19 Section 19. 20.437 (3) (kp) of the statutes is amended to read:

SB317,11,22 20.437 (3) (kp) Interagency and intra-agency aids; income augmentation services receipts. All moneys transferred from the appropriation account under s. 20.435 (8) (mb) and all moneys credited to this appropriation account under s. 48.565 (2) (c), 2013 stats., to be used as provided in s. 48.567, 2013 stats. All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in s. 48.567, 2013 stats., shall be deposited into the general fund as a nonappropriated receipt.

SB317,20 Section 20. 20.437 (3) (mm) of the statutes is amended to read:

SB317,12,12 20.437 (3) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. 48.565 (2) and 48.567, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions, or penalties and the costs of any corrective action affecting the department of children and families. Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.

SB317,21 Section 21. 46.46 of the statutes is repealed.

SB317,22 Section 22. 48.07 (3) of the statutes is amended to read:

SB317,12,21 48.07 (3) The department in populous counties. In counties having a population of 500,000 750,000 or more, the department may be ordered by the court to provide services for furnishing emergency shelter care to any child whose need therefor is determined by the intake worker under s. 48.205. The court may authorize the department to appoint members of the department to furnish emergency shelter care services for the child. The emergency shelter care may be provided as specified in s. 48.207.

SB317,23 Section 23. 48.207 (2) (a) of the statutes is amended to read:

SB317,13,7 48.207 (2) (a) If a facility listed in sub. (1) (b) to (k) is used to hold a child in custody, or if supervisory services of a home detention program are provided to a child held under sub. (1) (a), the authorized rate of the facility for the care of the child or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 750,000 or by the department in a county having a population of 500,000 750,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 750,000 or by the department in a county having a population of 500,000 750,000 or more for the supervision or care of the child.

SB317,24 Section 24. 48.207 (2) (b) of the statutes is amended to read:

SB317,13,19 48.207 (2) (b) If a facility listed in sub. (1m) (b) to (e) is used to hold an expectant mother of an unborn child in custody, or if supervisory services of a home detention program are provided to an expectant mother held under sub. (1m) (a), the authorized rate of the facility for the care of the expectant mother or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 750,000 or by the department in a county having a population of 500,000 750,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 750,000 or by the department in a county having a population of 500,000 750,000 or more for the supervision or care of the expectant mother.

SB317,25 Section 25. 48.21 (3) (f) of the statutes is amended to read:

SB317,14,3 48.21 (3) (f) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child. If the parent does not provide that information at the hearing, the county department, the department in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for providing services to the child under the custody order shall permit the parent to provide the information at a later date.

SB317,26 Section 26. 48.21 (5) (b) 1. d. of the statutes is amended to read:

SB317,14,10 48.21 (5) (b) 1. d. If the child is under the supervision of the county department or, in a county having a population of 500,000 750,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.

SB317,27 Section 27. 48.21 (5) (b) 1m. of the statutes is amended to read:

SB317,14,23 48.21 (5) (b) 1m. If for good cause shown sufficient information is not available for the judge or circuit court commissioner to make a finding as to whether reasonable efforts were made to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, a finding as to whether reasonable efforts were made to make it possible for the child to return safely home and an order for the county department, department, in a county having a population of 500,000 750,000 or more, or agency primarily responsible for providing services to the child under the custody order to file with the court sufficient information for the judge or circuit court commissioner to make a finding as to whether those reasonable efforts were made to prevent the removal of the child from the home by no later than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date on which the order is granted.

SB317,28 Section 28. 48.21 (5) (b) 2m. of the statutes is amended to read:

SB317,15,13 48.21 (5) (b) 2m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, a finding as to whether the intake worker has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department in a county having a population of 500,000 750,000 or more, or agency primarily responsible for providing services to the child under the custody order to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

SB317,29 Section 29. 48.21 (5) (b) 3. of the statutes is amended to read:

SB317,15,21 48.21 (5) (b) 3. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county department, department, in a county having a population of 500,000 750,000 or more, or agency primarily responsible for providing services under the custody order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.

SB317,30 Section 30. 48.21 (5) (e) 2. (intro.) of the statutes is amended to read:

SB317,16,14 48.21 (5) (e) 2. (intro.) The court shall order the county department, the department in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for providing services to the child under the custody order to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all relatives of the child named under sub. (3) (f) and to all adult relatives of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county department, department, or agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all other adult individuals named under sub. (3) (f) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The county department, department, or agency may not provide that notice to a person named under sub. (3) (f) or to an adult relative if the county department, department, or agency has reason to believe that it would be dangerous to the child or to the parent if the child were placed with that person or adult relative. The notice shall include all of the following:

SB317,31 Section 31. 48.24 (5) of the statutes is amended to read:

SB317,17,10 48.24 (5) The intake worker shall request that a petition be filed, enter into an informal disposition, or close the case within 60 days after receipt of referral information. If the referral information is a report received by a county department or, in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency under contract with the department under s. 48.981 (3) (a) 1., 2., or 2d., that 60-day period shall begin on the day on which the report is received by the county department, department, or licensed child welfare agency. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel, or other official under s. 48.09 shall receive written notice of that action. If a law enforcement officer has made a recommendation concerning the child, or the unborn child and the expectant mother of the unborn child, the intake worker shall forward this recommendation to the district attorney, corporation counsel, or other official under s. 48.09. If a petition is filed, the petition may include information received more than 60 days before filing the petition to establish a condition or pattern which, together with information received within the 60-day period, provides a basis for conferring jurisdiction on the court. The court shall grant appropriate relief as provided in s. 48.315 (3) with respect to any petition that is not referred or filed within the time periods specified in this subsection. Failure to object to the fact that a petition is not requested within the time period specified in this subsection waives any challenge to the court's competency to act on the petition.

SB317,32 Section 32. 48.275 (2) (d) 1. of the statutes is amended to read:

SB317,17,20 48.275 (2) (d) 1. In a county having a population of less than 500,000 750,000, 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 county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB317,33 Section 33. 48.275 (2) (d) 2. of the statutes is amended to read:

SB317,18,2 48.275 (2) (d) 2. In a county having a population of 500,000 750,000 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. 20.437 (1) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).

SB317,34 Section 34. 48.295 (1) of the statutes is amended to read:

SB317,19,2 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or the child's parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 750,000 or by the department in a county having a population of 500,000 750,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

SB317,35 Section 35. 48.30 (6) (c) of the statutes is amended to read:

SB317,19,19 48.30 (6) (c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 750,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 750,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child.

SB317,36 Section 36. 48.31 (7) (c) of the statutes is amended to read:

SB317,20,11 48.31 (7) (c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 750,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 750,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 750,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 750,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child.

SB317,37 Section 37. 48.32 (1) (b) 1. b. of the statutes is amended to read:

SB317,20,19 48.32 (1) (b) 1. b. A finding as to whether the county department, the department, in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB317,38 Section 38. 48.32 (1) (b) 1. d. of the statutes is amended to read:

SB317,21,2 48.32 (1) (b) 1. d. If the child's placement or other living arrangement is under the supervision of the county department or, in a county having a population of 500,000 750,000 or more, the department, an order ordering the child into the placement and care responsibility of the county department or department as required under 42 USC 672 (a) (2) and assigning the county department or department primary responsibility for providing services to the child.

SB317,39 Section 39. 48.32 (1) (b) 1m. of the statutes is amended to read:

SB317,21,16 48.32 (1) (b) 1m. If the child has one or more siblings, as defined in s. 48.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department, department in a county having a population of 500,000 750,000 or more, or agency primarily responsible for providing services to the child has made reasonable efforts to place the child in a placement that enables the sibling group to remain together, unless the judge or circuit court commissioner determines that a joint placement would be contrary to the safety or well-being of the child or any of those siblings, in which case the judge or circuit court commissioner shall order the county department, department, or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child and the siblings, unless the judge or circuit court commissioner determines that such visitation or interaction would be contrary to the safety or well-being of the child or any of those siblings.

SB317,40 Section 40. 48.32 (1) (b) 2. of the statutes is amended to read:

SB317,21,24 48.32 (1) (b) 2. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the consent decree shall include a determination that the county department, department, in a county having a population of 500,000 750,000 or more, or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.

SB317,41 Section 41. 48.33 (4) (c) of the statutes is amended to read:

SB317,22,11 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 750,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.

SB317,42 Section 42. 48.33 (4) (d) 1. of the statutes is amended to read: