Amendment ASA1-SB40

SB40-ASA1, s. 1021 Section 1021. 46.95 (2m) of the statutes is renumbered 49.165 (2m).

SB40-ASA1, s. 1022 Section 1022. 46.95 (3) of the statutes is renumbered 49.165 (3).

SB40-ASA1, s. 1023 Section 1023. 46.95 (4) of the statutes is renumbered 49.165 (4).

SB40-ASA1, s. 1024 Section 1024. 46.976 of the statutes is repealed.

SB40-ASA1, s. 1025 Section 1025. 46.985 (2) (a) 2. of the statutes is repealed.

SB40-ASA1, s. 1026 Section 1026. 46.985 (2) (f) of the statutes is created to read:

SB40-ASA1,586,19 46.985 (2) (f) Establish criteria for priority of services that take into account urgency of need, statewide consistency, developmental impact on eligible children, and other factors, so as to ensure that available funds are used consistently and effectively.

SB40-ASA1, s. 1027 Section 1027. 46.99 (title) of the statutes is renumbered 48.545 (title).

SB40-ASA1, s. 1028 Section 1028. 46.99 (1) of the statutes is renumbered 48.545 (1).

SB40-ASA1, s. 1029 Section 1029. 46.99 (2) (title) of the statutes is renumbered 48.545 (2) (title).

SB40-ASA1, s. 1030 Section 1030. 46.99 (2) (a) (intro.) of the statutes is renumbered 48.545 (2) (a) (intro.) and amended to read:

SB40-ASA1,587,7 48.545 (2) (a) (intro.) From the appropriations under s. 20.435 (3) 20.437 (1) (eg) and (nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

SB40-ASA1, s. 1031 Section 1031. 46.99 (2) (a) 1. of the statutes is renumbered 48.545 (2) (a) 1.

SB40-ASA1, s. 1032 Section 1032. 46.99 (2) (a) 2. of the statutes is renumbered 48.545 (2) (a) 2.

SB40-ASA1, s. 1033 Section 1033. 46.99 (2) (a) 3. of the statutes is renumbered 48.545 (2) (a) 3.

SB40-ASA1, s. 1034 Section 1034. 46.99 (2) (a) 4. of the statutes is renumbered 48.545 (2) (a) 4.

SB40-ASA1, s. 1035 Section 1035. 46.99 (2) (a) 5. of the statutes is renumbered 48.545 (2) (a) 5.

SB40-ASA1, s. 1036 Section 1036. 46.99 (2) (b) of the statutes is renumbered 48.545 (2) (b).

SB40-ASA1, s. 1037 Section 1037. 46.99 (3) of the statutes is renumbered 48.545 (3).

SB40-ASA1, s. 1038 Section 1038. 46.995 (title) of the statutes is renumbered 48.487 (title).

SB40-ASA1, s. 1039 Section 1039. 46.995 (1m) of the statutes is renumbered 48.487 (1m) and amended to read:

SB40-ASA1,587,20 48.487 (1m) Tribal adolescent services allocation. From the appropriation account under s. 20.435 (3) 20.437 (1) (eg), the department may allocate $210,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b), and (4m) (b).

SB40-ASA1, s. 1040 Section 1040. 46.995 (2) of the statutes is renumbered 48.487 (2).

SB40-ASA1, s. 1041 Section 1041. 46.995 (3) of the statutes is renumbered 48.487 (3).

SB40-ASA1, s. 1042 Section 1042. 46.995 (4m) of the statutes is renumbered 48.487 (4m).

SB40-ASA1, s. 1043 Section 1043. 46.997 (title) of the statutes is renumbered 48.647 (title).

SB40-ASA1, s. 1044 Section 1044. 46.997 (1) of the statutes is renumbered 48.647 (1).

SB40-ASA1, s. 1045 Section 1045. 46.997 (2) (title) of the statutes is renumbered 48.647 (2) (title).

SB40-ASA1, s. 1046 Section 1046. 46.997 (2) (a) of the statutes is renumbered 48.647 (2) (a) and amended to read:

SB40-ASA1,588,16 48.647 (2) (a) From the appropriation under s. 20.435 (3) 20.437 (1) (f), the department shall distribute not more than $0 in each fiscal year as grants to private agencies to provide 2nd-chance homes and related services to eligible persons who are placed under s. 48.63 (5) in 2nd-chance homes operated by those private agencies. A private agency that is awarded a grant under this paragraph may use the amount awarded under the grant to provide care and maintenance to eligible persons who are placed under s. 48.63 (5) in a 2nd-chance home operated by the private agency; provide services, including the services specified in sub. (3), to eligible persons who currently are or formerly were placed under s. 48.63 (5) in the 2nd-chance home, to the children and families of those eligible persons, and to the noncustodial parents of the children of those eligible persons; and, in the first year of the grant period, pay for the start-up costs, other than capital costs, of the private agency's program funded under this paragraph.

SB40-ASA1, s. 1047 Section 1047. 46.997 (2) (b) of the statutes is renumbered 48.647 (2) (b) and amended to read:

SB40-ASA1,589,9 48.647 (2) (b) The department of health and family services shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department of health and family services shall prescribe in consultation with the department of workforce development, local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under par. (a), the department of health and family services shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.

SB40-ASA1, s. 1048 Section 1048. 46.997 (2) (c) of the statutes is renumbered 48.647 (2) (c).

SB40-ASA1, s. 1049 Section 1049. 46.997 (2) (d) of the statutes is renumbered 48.647 (2) (d).

SB40-ASA1, s. 1050 Section 1050. 46.997 (2) (e) of the statutes is renumbered 48.647 (2) (e).

SB40-ASA1, s. 1051 Section 1051. 46.997 (3) of the statutes is renumbered 48.647 (3).

SB40-ASA1, s. 1052 Section 1052. 46.997 (4) of the statutes is renumbered 48.647 (4) and amended to read:

SB40-ASA1,589,25 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.

SB40-ASA1, s. 1053 Section 1053. 48.01 (1) (h) of the statutes is created to read:

SB40-ASA1,590,6 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.

SB40-ASA1, s. 1054 Section 1054. 48.02 (4) of the statutes is amended to read:

SB40-ASA1,590,9 48.02 (4) "Department" means the department of health and family services children and families.

SB40-ASA1, s. 1055 Section 1055. 48.02 (16) of the statutes is created to read:

SB40-ASA1,590,11 48.02 (16) "Secretary" means the secretary of children and families.

SB40-ASA1, s. 1056 Section 1056. 48.06 (4) of the statutes is amended to read:

SB40-ASA1,590,20 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.

SB40-ASA1, s. 1057 Section 1057. 48.21 (5) (b) 1. of the statutes is renumbered 48.21 (5) (b) 1. a. and amended to read:

SB40-ASA1,591,2 48.21 (5) (b) 1. a. A finding that continued placement of the child in his or her home would be contrary to the welfare of the child. Unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, the order shall in addition include a 

SB40-ASA1,591,7 b. A finding as to whether the person who took the child into custody and the intake worker have 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, and a unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB40-ASA1,591,10 c. A finding as to whether the person who took the child into custody and the intake worker have made reasonable efforts to make it possible for the child to return safely home or, if.

SB40-ASA1,591,22 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 those 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 those 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 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 of on which the order is granted.

SB40-ASA1, s. 1058 Section 1058. 48.21 (5) (b) 1. d. of the statutes is created to read:

SB40-ASA1,592,4 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 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.

SB40-ASA1, s. 1059 Section 1059. 48.21 (5) (c) of the statutes is amended to read:

SB40-ASA1,592,13 48.21 (5) (c) The judge or circuit court commissioner shall make the findings specified in par. (b) 1., 1m., and 3. 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 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.

SB40-ASA1, s. 1060 Section 1060. 48.235 (4) (b) of the statutes is amended to read:

SB40-ASA1,592,17 48.235 (4) (b) The court shall order the agency identified under s. 48.355 (2) (b) 1. 48.33 (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).

SB40-ASA1, s. 1061 Section 1061. 48.235 (4m) (b) of the statutes is amended to read:

SB40-ASA1,592,21 48.235 (4m) (b) The court shall order the agency identified under s. 48.355 (2) (b) 1. 48.33 (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).

SB40-ASA1, s. 1062 Section 1062. 48.275 (2) (d) 2. of the statutes is amended to read:

SB40-ASA1,593,3 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).

SB40-ASA1, s. 1063 Section 1063. 48.30 (6) (b) of the statutes is amended to read:

SB40-ASA1,593,15 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).

SB40-ASA1, s. 1064 Section 1064. 48.31 (7) (b) of the statutes is amended to read:

SB40-ASA1,594,2 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).

SB40-ASA1, s. 1065 Section 1065. 48.315 (2m) (a) 1. of the statutes is amended to read:

SB40-ASA1,594,10 48.315 (2m) (a) 1. The court making an initial finding under s. 48.21 (5) (b) 1. or 1m., 48.355 (2) (b) 6., or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.355 (2) (b) 6r., or 48.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after the date on which the child was removed from the home.

SB40-ASA1, s. 1066 Section 1066. 48.32 (1) (b) 1. of the statutes is renumbered 48.32 (1) (b) 1. (intro.) and amended to read:

SB40-ASA1,594,17 48.32 (1) (b) 1. (intro.) If at the time the consent decree is entered into the child is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the child in that placement or other living arrangement, the consent decree shall include a all of the following:

SB40-ASA1,594,19 a. A finding that placement of the child in his or her home would be contrary to the welfare of the child, a .

SB40-ASA1,594,25 b. A finding as to whether the county department, the department, in a county having a population of 500,000 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 , and a .

SB40-ASA1,595,5 c. A finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB40-ASA1, s. 1067 Section 1067. 48.32 (1) (b) 1. d. of the statutes is created to read:

SB40-ASA1,595,12 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 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.

SB40-ASA1, s. 1068 Section 1068. 48.33 (4m) (intro.) of the statutes is amended to read:

SB40-ASA1,595,18 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:

SB40-ASA1, s. 1069 Section 1069. 48.33 (4m) (b) of the statutes is amended to read:

SB40-ASA1,595,21 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).

SB40-ASA1, s. 1070 Section 1070. 48.335 (3g) of the statutes is renumbered 48.335 (3g) (intro.) and amended to read:

SB40-ASA1,596,3 48.335 (3g) (intro.) At hearings under this section, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the child in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent, the agency shall present as evidence specific information showing that all of the following:

SB40-ASA1,596,5 (a) That continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that.

SB40-ASA1,596,11 (b) That the county department, the department, in a county having a population of 500,000 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 specific information showing that.

SB40-ASA1,596,15 (c) That the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.

SB40-ASA1, s. 1071 Section 1071. 48.355 (2) (b) 1. of the statutes is amended to read:

SB40-ASA1,596,23 48.355 (2) (b) 1. The specific services or continuum of services to be provided to the child and family, to the child expectant mother and family, or to the adult expectant mother, the identity of the agencies which are to be primarily responsible for the provision of the services ordered by the judge, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody of the child is to be transferred to effect the treatment plan, the identity of the legal custodian.

SB40-ASA1, s. 1072 Section 1072. 48.355 (2) (b) 6g. of the statutes is created to read:

SB40-ASA1,597,6 48.355 (2) (b) 6g. If the child is placed outside the home under the supervision of the county department or, in a county having a population of 500,000 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.

SB40-ASA1, s. 1073 Section 1073. 48.357 (1) (am) 3. of the statutes is amended to read:

SB40-ASA1,597,11 48.357 (1) (am) 3. If the court changes the child'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 specified in sub. (2v) (a) 1m. and the applicable statement specified in sub. (2v) (a) 2.