STATE OF WISCONSIN
Under the changes to Title IV-E of the Social Security Act created by the federal Adoption and Safe Families Act (ASFA), the court must either agree with the recommendation of the agency in terms of a placement recommendation or give bona fide consideration to that recommendation. If neither of these is true, the placement will not be IV-E reimbursable.
Appropriate changes were made to Chs. 48 and 938 by the biennial budget, 2001 Wisconsin Act 16, to reflect this change in the federal law. These changes were made to ss. 48.21(5)(b)2., 48.355(2)(b)6m., 48.357(2v), 938.21(5)(b)2., 938.355(2)(b)6m. and 938.357(2v), Stats. Under these changes, the court must either agree with the agency's recommendation or place a written statement in the record that bona fide consideration was given to the agency's recommendation.
This change became effective on September 1, 2001. The Director of State Courts Office has already made the appropriate changes to the court forms and has notified judges of this new requirement.
I would recommend that you confer with your judges regarding this change to assure that, when appropriate, such a statement be included in the record. A copy of this language has been attached for your convenience.
Attachment (PDF 75 kb)