Amendment CSA1-SB40

SB40-CSA1, s. 1236 Section 1236. 48.21 (5) (c) of the statutes is amended to read:

SB40-CSA1,612,15 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-CSA1, s. 1237 Section 1237. 48.235 (4) (b) of the statutes is amended to read:

SB40-CSA1,612,19 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-CSA1, s. 1238 Section 1238. 48.235 (4m) (b) of the statutes is amended to read:

SB40-CSA1,612,23 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-CSA1, s. 1239 Section 1239. 48.275 (2) (d) 2. of the statutes is amended to read:

SB40-CSA1,613,6 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-CSA1, s. 1240 Section 1240. 48.30 (6) (b) of the statutes is amended to read:

SB40-CSA1,613,18 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-CSA1, s. 1241 Section 1241. 48.31 (7) (b) of the statutes is amended to read:

SB40-CSA1,614,5 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-CSA1, s. 1242 Section 1242. 48.315 (2m) (a) 1. of the statutes is amended to read:

SB40-CSA1,614,13 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-CSA1, s. 1243 Section 1243. 48.32 (1) (b) 1. of the statutes is renumbered 48.32 (1) (b) 1. (intro.) and amended to read:

SB40-CSA1,614,20 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-CSA1,614,22 a. A finding that placement of the child in his or her home would be contrary to the welfare of the child, a .

SB40-CSA1,615,3 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-CSA1,615,8 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-CSA1, s. 1244 Section 1244. 48.32 (1) (b) 1. d. of the statutes is created to read:

SB40-CSA1,615,15 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-CSA1, s. 1245 Section 1245. 48.33 (4m) (intro.) of the statutes is amended to read:

SB40-CSA1,615,21 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-CSA1, s. 1246 Section 1246. 48.33 (4m) (b) of the statutes is amended to read:

SB40-CSA1,615,24 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-CSA1, s. 1247 Section 1247. 48.335 (3g) of the statutes is renumbered 48.335 (3g) (intro.) and amended to read:

SB40-CSA1,616,7 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-CSA1,616,9 (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-CSA1,616,15 (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-CSA1,616,19 (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-CSA1, s. 1248 Section 1248. 48.355 (2) (b) 1. of the statutes is amended to read:

SB40-CSA1,617,2 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-CSA1, s. 1249 Section 1249. 48.355 (2) (b) 6g. of the statutes is created to read:

SB40-CSA1,617,9 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-CSA1, s. 1250 Section 1250. 48.357 (1) (am) 3. of the statutes is amended to read:

SB40-CSA1,617,14 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.

SB40-CSA1, s. 1251 Section 1251. 48.357 (1) (c) 3. of the statutes is amended to read:

SB40-CSA1,617,22 48.357 (1) (c) 3. If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement order shall contain the findings specified in sub. (2v) (a) 1., one of the statements the applicable order specified in sub. (2v) (a) 1m., the applicable statement specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination specified in sub. (2v) (a) 3.

SB40-CSA1, s. 1252 Section 1252. 48.357 (2m) (c) of the statutes is amended to read:

SB40-CSA1,618,8 48.357 (2m) (c) If the court changes the child's placement from a placement in the child's home to a placement outside the child's home, the change in placement order shall contain the findings specified in sub. (2v) (a) 1., one of the statements the applicable order specified in sub. (2v) (a) 1m., the applicable statement specified in sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the determination specified in sub. (2v) (a) 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 the applicable order specified in sub. (2v) (a) 1m. and the applicable statement specified in sub. (2v) (a) 2.

SB40-CSA1, s. 1253 Section 1253. 48.357 (2v) (a) 1m. of the statutes is created to read:

SB40-CSA1,618,18 48.357 (2v) (a) 1m. If the change in placement order changes the placement of a child who is under the supervision of the county department or, in a county having a population of 500,000 or more, the department to a placement outside the child's home, whether from a placement in the home or from another placement outside the home, an order ordering the child into, or to be continued in, 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, or continued primary responsibility, for providing services to the child.

SB40-CSA1, s. 1254 Section 1254. 48.357 (5m) (a) of the statutes is amended to read:

SB40-CSA1,619,7 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).

SB40-CSA1, s. 1255 Section 1255. 48.36 (1) (a) of the statutes is amended to read:

SB40-CSA1,619,23 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).

SB40-CSA1, s. 1256 Section 1256. 48.36 (1) (b) of the statutes is amended to read:

SB40-CSA1,620,9 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.

SB40-CSA1, s. 1257 Section 1257. 48.36 (2) of the statutes is amended to read:

SB40-CSA1,620,20 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).

SB40-CSA1, s. 1258 Section 1258. 48.361 (2) (c) of the statutes is amended to read:

SB40-CSA1,621,4 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).

SB40-CSA1, s. 1259 Section 1259. 48.362 (4) (c) of the statutes is amended to read:

SB40-CSA1,621,10 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).

SB40-CSA1, s. 1260 Section 1260. 48.363 (1) (c) of the statutes is amended to read:

SB40-CSA1,621,22 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).

SB40-CSA1, s. 1261 Section 1261. 48.363 (2) of the statutes is amended to read:

SB40-CSA1,622,3 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).

SB40-CSA1, s. 1262 Section 1262. 48.38 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,622,13 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:

SB40-CSA1, s. 1263 Section 1263. 48.417 (2) (c) of the statutes is amended to read:

SB40-CSA1,622,20 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.

SB40-CSA1, s. 1264 Section 1264. 48.425 (1) (c) of the statutes is amended to read:

SB40-CSA1,623,7 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.

SB40-CSA1, s. 1265 Section 1265. 48.43 (1) (am) of the statutes is created to read:

SB40-CSA1,623,13 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.

SB40-CSA1, s. 1266 Section 1266. 48.43 (1) (cm) of the statutes is created to read:

SB40-CSA1,623,24 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.

SB40-CSA1, s. 1267 Section 1267. Subchapter XI (title) of chapter 48 [precedes 48.468] of the statutes is amended to read:

SB40-CSA1,624,3 chapter 48

SB40-CSA1,624,4 subchapter XI

SB40-CSA1,624,6 purpose, duties, and authority of department

SB40-CSA1, s. 1267g Section 1267g. 48.468 of the statutes is created to read:

SB40-CSA1,624,11 48.468 Purpose of department. The purpose of the department is to focus on integrating the child welfare, child care, and child support services provided in this state and the services provided under the Wisconsin Works program and on increasing collaboration and efficiency in providing those services.

SB40-CSA1, s. 1268 Section 1268. 48.47 (intro.) of the statutes is created to read:

SB40-CSA1,624,14 48.47 Duties of department. (intro.) The department shall do all of the following:

SB40-CSA1, s. 1269 Section 1269. 48.47 (3) of the statutes is created to read:

SB40-CSA1,624,18 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).

SB40-CSA1, s. 1270 Section 1270. 48.47 (4) of the statutes is created to read:

SB40-CSA1,624,21 48.47 (4) Education and prevention. Develop and maintain education and prevention programs that the department considers to be proper.

SB40-CSA1, s. 1271 Section 1271. 48.47 (7) (title) of the statutes is created to read:

SB40-CSA1,624,23 48.47 (7) (title) Children and youth.

SB40-CSA1, s. 1272 Section 1272. 48.48 (2b) of the statutes is created to read:

SB40-CSA1,625,4 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).

SB40-CSA1, s. 1273 Section 1273. 48.48 (4) of the statutes is created to read:

SB40-CSA1,625,12 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.

SB40-CSA1, s. 1274 Section 1274. 48.48 (12) (a) of the statutes is amended to read:

SB40-CSA1,625,18 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).

SB40-CSA1, s. 1275 Section 1275. 48.48 (17) (am) of the statutes is created to read: