SB40-SSA1, s. 789 21Section 789. 45.51 (13) (a) of the statutes is amended to read:
SB40-SSA1,492,222 45.51 (13) (a) Persons with sufficient income and resources to meet the
23expenses of care for one or more months may be admitted to the skilled nursing
24facility but shall apply income and resources to costs to the extent required under ss.

149.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those
2sections.
SB40-SSA1, s. 790 3Section 790. 45.51 (13) (b) of the statutes is amended to read:
SB40-SSA1,492,94 45.51 (13) (b) Persons who meet all the requirements of this section but whose
5degree of physical disability does not meet the minimum requirements under ss.
649.45 and 49.46 and rules promulgated under those sections may be admitted to the
7skilled nursing facility but shall apply income and resources to costs to the extent
8required by ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated
9under those sections.
SB40-SSA1, s. 791 10Section 791. 45.61 (2) (a) of the statutes is amended to read:
SB40-SSA1,492,1411 45.61 (2) (a) A person who died while on active duty or who was discharged or
12released from active duty in the U.S. armed forces under honorable conditions other
13than dishonorable
and who was a resident of this state at the time of his or her entry
14or reentry into active service and his or her dependent child and surviving spouse.
SB40-SSA1, s. 792 15Section 792. 45.61 (2) (b) of the statutes is amended to read:
SB40-SSA1,492,1916 45.61 (2) (b) A person who was discharged or released from active duty in the
17U.S. armed forces under honorable conditions other than dishonorable and who was
18a resident of this state at the time of his or her death and his or her dependent child
19and surviving spouse.
SB40-SSA1, s. 793 20Section 793. 46.001 of the statutes is amended to read:
SB40-SSA1,493,5 2146.001 Purposes of chapter. The purposes of this chapter are to conserve
22human resources in Wisconsin; to provide a just and humane program of services to
23children and unborn children in need of protection or services, nonmarital children
24and the expectant mothers of those unborn children;
to prevent dependency, mental
25illness, developmental disability, mental infirmity, and other forms of social

1maladjustment by a continuous attack on causes; to provide effective aid and services
2to all persons in need thereof of that aid and those services and to assist those persons
3to achieve or regain self-dependence at the earliest possible date; to avoid
4duplication and waste of effort and money on the part of public and private agencies;
5and to coordinate and integrate a social welfare program.
SB40-SSA1, s. 794 6Section 794. 46.011 (intro.) of the statutes is amended to read:
SB40-SSA1,493,7 746.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55, and 58:
SB40-SSA1, s. 795 8Section 795. 46.011 (1g) of the statutes is created to read:
SB40-SSA1,493,119 46.011 (1g) "Disabled children's long-term support program" means the
10programs described under 2001 Wisconsin Act 16, section 9123 (16rs), and 2003
11Wisconsin Act 33
, section 9124 (8c).
SB40-SSA1, s. 796 12Section 796. 46.014 (4) of the statutes is renumbered 49.265 (6) and amended
13to read:
SB40-SSA1,493,1814 49.265 (6) Reports. At least annually, the secretary shall submit a report to
15the chief clerk of each house of the legislature, for distribution to the appropriate
16standing committees under s. 13.172 (3), concerning activities of community action
17agencies under s. 46.30 this section and their effectiveness in promoting social and
18economic opportunities for poor persons.
SB40-SSA1, s. 797 19Section 797. 46.016 of the statutes is amended to read:
SB40-SSA1,493,23 2046.016 Cooperation with federal government. The department may
21cooperate with the federal government in carrying out federal acts concerning public
22assistance, social security, child welfare and youth services, mental hygiene, services
23for the blind, and in other matters of mutual concern pertaining to public welfare.
SB40-SSA1, s. 798 24Section 798. 46.02 of the statutes is amended to read:
SB40-SSA1,494,5
146.02 Agency powers and duties. Any institution which that is subject to
2chs. 46, 48 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of
3conflict between chs. 46, 48 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150.
4The department shall promulgate rules and establish procedures for resolving any
5such controversy a conflict.
SB40-SSA1, s. 799 6Section 799. 46.023 of the statutes is renumbered 48.562.
SB40-SSA1, s. 800 7Section 800. 46.03 (4) (b) of the statutes is amended to read:
SB40-SSA1,494,188 46.03 (4) (b) In order to discharge more effectively its responsibilities under
9this chapter and ch. 48 and other relevant provisions of the statutes, be authorized
10to study causes and methods of prevention and treatment of mental illness, mental
11deficiency, mental infirmity, and related social problems, including establishment of
12demonstration projects to apply and evaluate such methods in actual cases. The
13department is directed and authorized to utilize all powers provided by the statutes,
14including the authority under sub. (2a), to accept grants of money or property from
15federal, state, or private sources, and to enlist the cooperation of other appropriate
16agencies and state departments. The department may enter into agreements with
17local government subdivisions, departments, and agencies for the joint conduct of
18these projects, and it may purchase services when deemed considered appropriate.
SB40-SSA1, s. 801 19Section 801. 46.03 (7) (a) of the statutes is amended to read:
SB40-SSA1,495,220 46.03 (7) (a) Promote the enforcement of laws for the protection of
21developmentally disabled children, children and unborn children in need of
22protection or services and nonmarital children
; and to this end cooperate with courts
23assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare
24agencies, and public and private institutions and take the initiative in all matters
25involving the interests of those children and unborn children when adequate

1provision for those interests has not already been made, including the establishment
2and enforcement of standards for services provided under ss. 48.345 and 48.347.
SB40-SSA1, s. 802 3Section 802. 46.03 (7) (bm) of the statutes is amended to read:
SB40-SSA1,495,154 46.03 (7) (bm) Maintain a file containing records of artificial inseminations
5under s. 891.40, declarations of paternal interest under s. 48.025, and statements
6acknowledging paternity under s. 69.15 (3) (b). The department may release those
7records, declarations, and statements only upon an order of the court except that the
8department may use nonidentifying information concerning artificial inseminations
9for the purpose of compiling statistics, declarations of paternal interest shall be
10released as provided in s. 48.025 (3) (b) and (c)
, and statements acknowledging
11paternity shall be released without a court order to the department of workforce
12development
children and families or a county child support agency under s. 59.53
13(5) upon the request of that department or county child support agency pursuant to
14the program responsibilities under s. 49.22 or to any other person with a direct and
15tangible interest in the statement.
SB40-SSA1, s. 803 16Section 803. 46.03 (7) (c) of the statutes is repealed.
SB40-SSA1, s. 804 17Section 804. 46.03 (7) (cm) of the statutes is renumbered 48.47 (7) (cm).
SB40-SSA1, s. 805 18Section 805. 46.03 (7) (d) of the statutes is renumbered 48.47 (7) (d).
SB40-SSA1, s. 806 19Section 806. 46.03 (7) (e) of the statutes is repealed.
SB40-SSA1, s. 807 20Section 807. 46.03 (7) (f) of the statutes is renumbered 48.47 (7) (f).
SB40-SSA1, s. 808 21Section 808. 46.03 (7) (h) of the statutes is renumbered 48.47 (7) (h).
SB40-SSA1, s. 809 22Section 809. 46.03 (7g) of the statutes is renumbered 48.47 (7g) and amended
23to read:
SB40-SSA1,496,1424 48.47 (7g) Statewide automated child welfare information system. Establish
25a statewide automated child welfare information system. Notwithstanding ss.

146.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
251.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396
3(1) and (2) (a)
938.396 (1) and (2), and 938.78 (2) (a), the department may enter the
4content of any record kept or information received by the department into the
5statewide automated child welfare information system, and a county department
6under s. 46.215, 46.22, or 46.23, the department, or any other organization that has
7entered into an information sharing and access agreement with the department or
8any of those county departments and that has been approved for access to the
9statewide automated child welfare information system by the department may have
10access to information that is maintained in that system, if necessary to enable the
11county department, department, or organization to perform its duties under this
12chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the
13delivery of services under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to
14679b.
SB40-SSA1, s. 810 15Section 810. 46.03 (7m) of the statutes is renumbered 48.62 (7) and amended
16to read:
SB40-SSA1,496,2117 48.62 (7) Foster care. In each federal fiscal year, the department shall ensure
18that there are no more than 2,200 children in foster care and treatment foster care
19placements for more than 24 months, consistent with the best interests of each child.
20Services provided in connection with this requirement shall comply with the
21requirements under P.L. 96-272.
SB40-SSA1, s. 812c 22Section 812c. 46.03 (18) (a) of the statutes is amended to read:
SB40-SSA1,497,1123 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of
24health and family services shall establish a uniform system of fees for services
25provided or purchased by the department of health and family services, or a county

1department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided
2under ch. 48 and subch. III of ch. 49; services relating to adoption; services provided
3to courts; outreach, information and referral services; or where when, as determined
4by the department of health and family services, a fee is administratively unfeasible
5or would significantly prevent accomplishing the purpose of the service. A county
6department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees which that
7it collects under this program to cover the cost of such those services. The
8department of health and family services shall report to the joint committee on
9finance no later than March 1 of each year on the number of children placed for
10adoption by the department of health and family services during the previous year
11and the costs to the state for services relating to such adoptions.
SB40-SSA1, s. 813 12Section 813. 46.03 (18) (am) of the statutes is amended to read:
SB40-SSA1,497,1713 46.03 (18) (am) Paragraph (a) does not prevent the department from charging
14and collecting the cost of adoptive placement investigations and child care as
15authorized under s. 48.837 (7).
Paragraph (a) also does not prevent a county
16department under s. 51.42 or 51.437 from charging and collecting the cost of an
17examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
SB40-SSA1, s. 814 18Section 814. 46.03 (18) (ar) of the statutes is created to read:
SB40-SSA1,497,2119 46.03 (18) (ar) A county may retain fees that it collects under this subsection
20for services the county provides without state funding under the disabled children's
21long-term support program.
SB40-SSA1, s. 815 22Section 815. 46.03 (20) (a) of the statutes is amended to read:
SB40-SSA1,498,323 46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49,
24the department may make payments directly to recipients of public assistance or to
25such persons authorized to receive such payments in accordance with law and rules

1of the department on behalf of the counties. Except for payments provided under ch.
248 or
subch. III of ch. 49, the department may charge the counties for the cost of
3operating public assistance systems which make such payments.
SB40-SSA1, s. 816 4Section 816. 46.03 (22) (title) of the statutes is amended to read:
SB40-SSA1,498,55 46.03 (22) (title) Community living arrangements for adults.
SB40-SSA1, s. 817 6Section 817. 46.03 (22) (a) of the statutes is amended to read:
SB40-SSA1,498,147 46.03 (22) (a) "Community In this subsection, "community living arrangement
8for adults" means any of the following facilities licensed or operated, or permitted
9under the authority of the department: residential care centers for children and
10youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under
11s. 48.60, group homes for children, as defined in s. 48.02 (7), and community-based
12residential facilities
a community-based residential facility, as defined in s. 50.01
13(1g); but does not include adult family homes, as defined in s. 50.01 (1), day care
14centers, nursing homes, general hospitals, special hospitals, prisons, and jails
.
SB40-SSA1, s. 818 15Section 818. 46.03 (22) (b) of the statutes is amended to read:
SB40-SSA1,498,1816 46.03 (22) (b) Community living arrangements for adults shall be subject to the
17same building and housing ordinances, codes, and regulations of the municipality or
18county as similar residences located in the area in which the facility is located.
SB40-SSA1, s. 819 19Section 819. 46.03 (22) (c) of the statutes is amended to read:
SB40-SSA1,499,220 46.03 (22) (c) The department shall designate a subunit to keep records and
21supply information on community living arrangements for adults under ss. 59.69
22(15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving
23all complaints regarding community living arrangements for adults and for
24coordinating all necessary investigatory and disciplinary actions under the laws of

1this state and under the rules of the department relating to the licensing of
2community living arrangements for adults.
SB40-SSA1, s. 820 3Section 820. 46.03 (22) (d) of the statutes is amended to read:
SB40-SSA1,499,104 46.03 (22) (d) A community living arrangement for adults with a capacity for
58 or fewer persons shall be a permissible use for purposes of any deed covenant which
6limits use of property to single-family or 2-family residences. A community living
7arrangement for adults with a capacity for 15 or fewer persons shall be a permissible
8use for purposes of any deed covenant which limits use of property to more than
92-family residences. Covenants in deeds which expressly prohibit use of property
10for community living arrangements for adults are void as against public policy.
SB40-SSA1, s. 821 11Section 821. 46.03 (22) (e) of the statutes is amended to read:
SB40-SSA1,499,1912 46.03 (22) (e) If a community living arrangement for adults is required to
13obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall,
14at the request of the unit of government responsible for granting the special zoning
15permission, inspect the proposed facility and review the program proposed for the
16facility. After such inspection and review, the department shall transmit to the unit
17of government responsible for granting the special zoning permission a statement
18that the proposed facility and its proposed program have been examined and are
19either approved or disapproved by the department.
SB40-SSA1, s. 822 20Section 822. 46.03 (29) of the statutes is repealed.
SB40-SSA1, s. 823 21Section 823. 46.03 (39) of the statutes is renumbered 48.47 (39).
SB40-SSA1, s. 824 22Section 824. 46.031 (3) (a) of the statutes is amended to read:
SB40-SSA1,500,1823 46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the
24county board of supervisors of each county or the county boards of supervisors of 2
25or more counties jointly shall establish a citizen advisory committee to the county

1departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory
2committee shall advise in the formulation of the budget under sub. (1). Membership
3on the committee shall be determined by the county board of supervisors in a county
4with a single-county committee or by the county boards of supervisors in counties
5with a multicounty committee and shall include representatives of those persons
6receiving services, providers of service and citizens. A majority of the members of the
7committee shall be citizen and service consumers. At least one member of the
8committee shall be chosen from the governing or administrative board of the
9community action agency serving the county or counties under s. 46.30, if any.
The
10committee's membership may not consist of more than 25% county supervisors, nor
11of more than 20% service providers. The chairperson of the committee shall be
12appointed by the county board of supervisors establishing it. In the case of a
13multicounty committee, the chairperson shall be nominated by the committee and
14approved by the county boards of supervisors establishing it. The county board of
15supervisors in a county with a single-county committee or the county boards of
16supervisors in counties with a multicounty committee may designate an agent to
17determine the membership of the committee and to appoint the committee
18chairperson or approve the nominee.
SB40-SSA1, s. 825 19Section 825. 46.034 (1) of the statutes is amended to read:
SB40-SSA1,501,620 46.034 (1) The department, in order to discharge more effectively its
21responsibilities under this chapter and chs. 48, 51, 250, and 251 and other relevant
22provisions of the statutes, may establish community human services pilot programs
23for the study, implementation, and evaluation of improved human services delivery
24systems. In the implementation of such those pilot programs, the requirement of
25statewide uniformity with respect to the organization and governance of human

1services shall not apply. The department and local governmental bodies may
2establish such departments, boards, committees, organizational structures, and
3procedures as may be needed to implement the pilot programs. The departments,
4boards, committees, and organizational structures may assume responsibilities
5currently assigned by statute to the departments, boards, committees , or
6organizational structures that are replaced.
SB40-SSA1, s. 826 7Section 826. 46.036 (1) of the statutes is amended to read:
SB40-SSA1,501,178 46.036 (1) All care and services purchased by the department or by a county
9department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, except as provided under
10subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the
11standards established under this section. The department may require the county
12departments to submit the contracts to the department for review and approval. For
13purchases of $10,000 or less the requirement for a written contract may be waived
14by the department. No contract is required for care provided by foster homes or
15treatment foster homes that are required to be licensed under s. 48.62.
When the
16department directly contracts for services, it shall follow the procedures in this
17section in addition to meeting purchasing requirements established in s. 16.75.
SB40-SSA1, s. 827 18Section 827. 46.036 (4) (a) of the statutes is amended to read:
SB40-SSA1,502,419 46.036 (4) (a) Except as provided in this paragraph, maintain a uniform double
20entry accounting system and a management information system which are
21compatible with cost accounting and control systems prescribed by the department.
22The department shall establish a simplified double entry bookkeeping system for use
23by family-operated group homes. Each purchaser shall determine whether a
24family-operated group home from which it purchases services shall use the double
25entry accounting system or the simplified system and shall include this

1determination in the purchase of service contract. In this paragraph,
2"family-operated group home" means a group home licensed under s. 48.66 (1) (a) for
3which the licensee is one or more individuals who operate not more than one group
4home.
SB40-SSA1, s. 829c 5Section 829c. 46.036 (4) (c) of the statutes is amended to read:
SB40-SSA1,502,116 46.036 (4) (c) Unless waived by the department, biennially, or annually if
7required under federal law, provide the purchaser with a certified financial and
8compliance audit report if the care and services purchased exceed $25,000. The audit
9shall follow standards that the department prescribes. A purchaser may waive the
10requirements of this paragraph for any family-operated group home, as defined
11under par. (a), from which it purchases services.
SB40-SSA1, s. 830 12Section 830. 46.037 of the statutes is renumbered 49.343 and amended to
13read:
SB40-SSA1,502,19 1449.343 Rates for residential child care centers and group homes. (1)
15Subject to sub. (1m), each residential child care center for children and youth, as
16defined in s. 48.02 (15d),
and each group home, as defined in s. 48.02 (7), that is
17licensed under s. 48.625 and incorporated under ch. 180, 181, 185, or 193 shall
18establish a per client rate for its services and shall charge all purchasers the same
19rate.
SB40-SSA1,503,6 20(1m) Notwithstanding sub. (1), the department, a county department under
21s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the
22department and one or more of those county departments, and a residential child
23care center for children and youth or group home, as described in sub. (1), may
24negotiate a per client rate for the services of that residential child care center for
25children and youth
or group home, if the department, that county department, the

1county departments in that group of county departments, or the department and one
2or more of those county departments, agree to place 75% or more of the residents of
3that residential child care center for children and youth or group home during the
4period for which that rate is effective. A residential child care center for children and
5youth
or group home that negotiates a per client rate under this subsection shall
6charge that rate to all purchasers of its services.
SB40-SSA1,503,14 7(2) A residential child care center for children and youth or a group home, as
8described in sub. (1) or (1m), shall submit to the department the rate it charges and
9any change in that rate before a charge is made to any purchaser. The department
10shall provide forms and instructions for the submission of rates and changes in rates
11under this subsection and a residential child care center for children and youth or
12a group home that is required to submit a rate or a change in a rate under this
13subsection shall submit that rate or change in a rate using those forms and
14instructions.
SB40-SSA1,503,17 15(3) The department may require an audit of any residential child care center
16for children and youth or group home, as described in sub. (1) or (1m), for the purpose
17of collecting federal funds.
SB40-SSA1, s. 831 18Section 831. 46.043 (1) of the statutes is amended to read:
SB40-SSA1,504,219 46.043 (1) In addition to inpatient and outpatient services provided at mental
20health institutes under ss. 51.05 and 51.07, the department may authorize mental
21health institutes to offer services other than inpatient mental health services when
22the department determines that community services need to be supplemented.
23Services that may be offered under this section include mental health outpatient
24treatment and services, day programming, consultation and services in residential

1facilities, including group homes, child caring institutions residential care centers
2for children and youth
and community-based residential facilities.
SB40-SSA1, s. 832 3Section 832. 46.057 (2) of the statutes is amended to read:
SB40-SSA1,504,134 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
5department of corrections shall transfer to the appropriation account under s. 20.435
6(2) (kx) $1,379,300 in each fiscal year 2005-06 and $1,379,300 in fiscal year 2006-07
7and, from the appropriation account under s. 20.410 (3) (hm), the department of
8corrections shall transfer to the appropriation account under s. 20.435 (2) (kx)
9$2,271,200 $2,639,800 in fiscal year 2005-06 and $2,390,600 2007-08 and
10$2,707,300
in fiscal year 2006-07 2008-09 for services for juveniles placed at the
11Mendota juvenile treatment center. The department of health and family services
12may charge the department of corrections not more than the actual cost of providing
13those services.
SB40-SSA1, s. 833 14Section 833. 46.10 (14) (b) of the statutes is amended to read:
SB40-SSA1,504,2315 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
16of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
17parent's minor child who has been placed by a court order under s. 48.355 or 48.357
18in a residential, nonmedical facility such as a group home, foster home, treatment
19foster home, subsidized guardianship home, or residential care center for children
20and youth shall be determined by the court by using the percentage standard
21established by the department of workforce development children and families
22under s. 49.22 (9) and by applying the percentage standard in the manner
23established by the department under s. 46.247 par. (g).
SB40-SSA1, s. 834 24Section 834. 46.10 (14) (g) of the statutes is created to read:
SB40-SSA1,505,7
146.10 (14) (g) For purposes of determining child support under par. (b), the
2department shall promulgate rules related to the application of the standard
3established by the department of children and families under s. 49.22 (9) to a child
4support obligation for the care and maintenance of a child who is placed by a court
5order under s. 48.355 or 48.357 in a residential, nonmedical facility. The rules shall
6take into account the needs of any person, including dependent children other than
7the child, whom either parent is legally obligated to support.
SB40-SSA1, s. 835 8Section 835. 46.10 (16) of the statutes is amended to read:
SB40-SSA1,505,219 46.10 (16) The department shall delegate to county departments under ss.
1051.42 and 51.437 or the local providers of care and services meeting the standards
11established by the department under s. 46.036, the responsibilities vested in the
12department under this section for collection of patient fees for services other than
13those provided at state facilities or, those provided to children that are reimbursed
14under a waiver under s. 46.27 (11), 46.275,, 46.278, or 46.2785, or a waiver requested
15under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section
169124 (8c),
those provided under the disabled children's long-term support program
17if the county departments or providers meet the conditions that the department
18determines are appropriate. The department may delegate to county departments
19under ss. 51.42 and 51.437 the responsibilities vested in the department under this
20section for collection of patient fees for services provided at the state facilities if the
21necessary conditions are met.
SB40-SSA1, s. 836 22Section 836. 46.16 (1) of the statutes is amended to read:
SB40-SSA1,506,323 46.16 (1) Generally. The department shall investigate and supervise all the
24charitable and curative institutions, including county infirmaries, of every county
25and municipality, except tuberculosis sanatoriums; all shelter care facilities for

1children and
, and all hospitals, asylums , and institutions, organized for the purpose
2set forth in s. 58.01, and familiarize itself with all the circumstances affecting their
3management and usefulness.
SB40-SSA1, s. 837 4Section 837. 46.16 (2) of the statutes is repealed.
SB40-SSA1, s. 838 5Section 838. 46.16 (2m) of the statutes is repealed.
SB40-SSA1, s. 839 6Section 839. 46.16 (2s) of the statutes is repealed.
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