Amendment ASA1-AB563

AB563-ASA1,2,19 3. Provide the forms prescribed under par. (e) and any attached documents to the prospective out-of-home care provider.

AB563-ASA1,2,24 (c) 1. The agency shall make a reasonable attempt to gather information required under par. (e) that was not available to the agency when the agency provided the forms to the prospective out-of-home care provider. The agency shall provide the out-of-home care provider with information it receives after providing the forms to the out-of-home care provider, as follows:

AB563-ASA1,3,3 a. For information required under par (e) 1. to 8., as soon as possible, but no later than 2 days after the date that the child is placed with the out-of-home care provider.

AB563-ASA1,3,9 b. For information required under par. (e) 9. to 15., as soon as possible, but no later than 7 days after the date that the child is placed with the out-of-home care provider, except that the agency shall provide information that the agency determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider to the out-of-home care provider no later than 2 days after receiving the information.

AB563-ASA1,3,15 2. If the agency receives information required under par. (e) after the deadlines in subd. 1. have passed, the agency shall provide the information to the out-of-home care provider as soon as possible, but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider no later than 2 days after receiving the information.

AB563-ASA1,3,25 (d) Notwithstanding pars. (b) and (c), the agency may not provide a prospective or actual out-of-home care provider with information regarding the child or the child's family that is an allegation unless the agency determines that, if substantiated, the allegation would have a significant impact on the success of the placement and related services or on the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community. If the agency informs the out-of-home care provider of an allegation about the child or the child's family, the agency shall record the allegation in the child's case record and shall include the justification for providing the information.

AB563-ASA1,4,4 (e) An agency shall use forms prescribed by the department to provide information about the child and the child's family to a prospective or actual out-of-home care provider under this section. The forms shall include requests for all of the following information:

AB563-ASA1,4,7 1. Child information, including the child's name, date of birth, physical characteristics, tribal affiliation, the spiritual or religious affiliation of the child or family, and the date the child is placed in out-of-home care.

AB563-ASA1,4,8 2. Parent or guardian contact information.

AB563-ASA1,4,11 3. Significant contact information, including agency contacts, emergency contact person, persons who are allowed to have contact with the child, prohibited contacts and visitors, and sibling information.

AB563-ASA1,4,14 4. Medical information, including providers, health insurance coverage, medications, scheduled medical or mental health appointments, eligibility for services, and immunization record.

AB563-ASA1,4,17 5. Information on the school or child care that the child currently attends or most recently attended and the child's educational programming, including an individualized education program for the child, if applicable.

AB563-ASA1,4,20 6. Life functioning, including formula or feeding restrictions, special medical equipment, allergies, therapeutic exercises, eligibility for services, and activity restrictions.

AB563-ASA1,4,21 7. Considerations for making reasonable and prudent parenting decisions.

AB563-ASA1,4,22 8. Any additional information critical to the care of the child.

AB563-ASA1,4,23 9. Placement reasons.

AB563-ASA1,4,24 10. Contact information for the child's guardian ad litem and legal counsel.

AB563-ASA1,4,25 11. Placement history, permanence goal, and concurrent permanence goal.

AB563-ASA1,5,3 12. Information on the well-being of the child, including the child's trauma history and developmental, medical, cultural, emotional, behavioral, and educational needs.

AB563-ASA1,5,4 13. Qualifications or needs of the out-of-home care provider.

AB563-ASA1,5,6 14. A list of important documents and records regarding the child that have been given to the out-of-home care provider.

AB563-ASA1,5,10 15. A plan for managing challenging behaviors, including a list of the child's behaviors that may lead to health or safety concerns, warning signs of escalating behaviors, steps to take in response to those escalations, and the agency's reporting requirements.

AB563-ASA1,5,12 (f) An agency is not required to provide information under this subsection if the agency determines that one of the following applies:

AB563-ASA1,5,14 1. The information is confidential information that the agency does not have access to, and the agency has made a reasonable effort to obtain the information.

AB563-ASA1,5,18 2. The information is not critical to the success of the placement and related treatment or services and failing to provide the information does not jeopardize the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider's home or facility, or the community.

AB563-ASA1,5,25 (g) An agency shall provide detailed documentation in the narrative section of the child's case record for any information that the agency does not provide under par. (f). The documentation shall specify the information or type of information that was not provided to the out-of-home care provider, the reason for not providing the information, the name of the agency representative who made the decision to not provide that information, the date the decision was made, and written approval by that person's supervisor or the supervisor's designee.

AB563-ASA1,6,4 (h) Except as permitted under s. 252.15 (6), an out-of-home care provider that receives any information under this chapter shall keep the information confidential and may disclose the information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.

AB563-ASA1,6,11 (i) When an agency first provides any information regarding a child to the out-of-home care provider, the agency shall inform the out-of-home care provider of all confidentiality requirements mandated under state or federal law, including the confidentiality requirements under ss. 48.396, 48.78, 48.981 (7), 51.30, 118.125, 146.82, 252.15, 938.396, and 938.78, and any agency policy. The agency shall also inform the out-of-home care provider of any penalties that may be imposed for violating the confidentiality rights of the child and the child's family.

AB563-ASA1,6,16 (j) The agency providing information about a child under this subsection shall require that the information and any related documents be maintained by the out-of-home care provider in a manner that would prohibit access to the information by the child, any other children in the care of the out-of-home care provider, and any other party whose access to the information is prohibited.

AB563-ASA1,2 Section 2. Initial applicability.

AB563-ASA1,6,19 (1) This act first applies to an agency that places a child with an out-of-home care provider on the effective date of this subsection.

AB563-ASA1,3 Section 3 . Effective date.

AB563-ASA1,6,21 (1) This act takes effect on the 30th day after publication.

AB563-ASA1,6,22 (End)