Date of enactment: April 14, 1998
1997 Assembly Bill 602 Date of publication*: April 28, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 105
An Act to amend 20.435 (3) (cz), 20.435 (3) (kc), 20.435 (3) (kd), 20.445 (3) (r), 48.48 (17) (a) 10., 48.57 (3m) (am) 4m., 48.57 (3m) (cm), 48.57 (3p) (a), 48.57 (3p) (b) 1., 48.57 (3p) (c) 1., 48.57 (3p) (c) 3., 48.57 (3t), 49.155 (1m) (a) (intro.), 49.155 (1m) (a) 1m. b., 49.175 (1) (w) 1., 49.22 (6), 49.22 (7m), 49.23 (1), 49.23 (2) (a) 1., 49.46 (1) (a) 5., 49.46 (1) (a) 16., 49.96, 50.065 (1) (c) 2., 767.045 (1) (c) 1., 767.075 (1) (c) and (cm), 767.077 (intro.), 767.078 (1) (a) 2., 767.29 (1m) (c), 767.29 (2), 767.29 (4), 767.32 (1) (a) and 767.47 (6); to repeal and recreate 49.96 and 767.29 (2); and to create 48.57 (3m) (am) 5m., 48.57 (3n), 48.57 (3p) (b) 3., 48.57 (3p) (c) 2m., 48.57 (3p) (fm) 1m., 48.57 (3p) (fm) 2m., 48.57 (3p) (hm) and 767.29 (1m) (cm) of the statutes; relating to: kinship care, creating a long-term kinship care program and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
[Enrolling Note: 1997 Assembly Bill 602 has an extensive Prefatory Note for the bill, as introduced, that was prepared for the joint legislative council's special committee on adoption laws.]
105,2d Section 2d. 20.435 (3) (cz) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
20.435 (3) (cz) (title) Foster care services, kinship care, long-term kinship care and aid to minor custodial parents. The amounts in the schedule for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under s. 46.261 (2) (a) 3. or 4., for kinship care payments under s. 48.57 (3m), for long-term kinship care payments under s. 48.57 (3n) and for aid to minor custodial parents under s. 46.261 (2) (a) 1.
105,3d Section 3d. 20.435 (3) (kc) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
20.435 (3) (kc) (title) Interagency and intra-agency aids; kinship care and long-term kinship care. The amounts in the schedule for payments under s. 48.57 (3m) and (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
105,4d Section 4d. 20.435 (3) (kd) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
20.435 (3) (kd) (title) Kinship care and long-term kinship care assessments. The amounts in the schedule for assessments of kinship care relatives, as defined in s. 48.57 (3m) (a), and long-term kinship care relatives, as defined in s. 48.57 (3n) (a), who provide care and maintenance for children to determine if those kinship care relatives and long-term kinship care relatives are eligible to receive payments under s. 48.57 (3m) or (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
105,4g Section 4g. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
20.445 (3) (r) Support receipt and disbursement program; payments. From the support collections trust fund, all moneys received under ss. 767.265 and 767.29 for child or family support, maintenance, spousal support, health care expenses or birth expenses, and all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for whom the payments are awarded and for transfer to the appropriation account under par. (k) if assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.
105,4r Section 4r. 48.48 (17) (a) 10. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n) and (3p).
105,5 Section 5. 48.57 (3m) (am) 4m. of the statutes is amended to read:
48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.
Note: Reflects the creation of other subdivisions in s. 48.57 (3p) (fm), stats., by this bill.
105,6 Section 6. 48.57 (3m) (am) 5m. of the statutes is created to read:
48.57 (3m) (am) 5m. The kinship care relative is not receiving payments under sub. (3n) with respect to the child.
Note: Adds, as a condition for the receipt of kinship care payments, a requirement that the kinship care relative not be receiving long-term kinship care payments with respect to the child.
105,7 Section 7. 48.57 (3m) (cm) of the statutes is amended to read:
48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) for that child.
Note: Provides that a kinship care relative who receives a kinship care payment for providing care and maintenance for a child is not eligible to receive a long-term kinship care payment for that child.
105,8 Section 8 . 48.57 (3n) of the statutes is created to read:
48.57 (3n) (a) In this subsection, "long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
(am) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
1. The long-term kinship care relative applies to the county department or department for payments under this subsection and provides proof that he or she has been appointed as the guardian of the child under s. 48.977 (2).
2. The county department or department inspects the long-term kinship care relative's home, interviews the long-term kinship care relative and determines that long-term placement with the long-term kinship care relative is in the best interests of the child.
4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care relative, the employes and prospective employes of the long-term kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a), of the long-term kinship care relative's home to determine if the long-term kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.
4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child and that, to the best of the long-term kinship care relative's knowledge, no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the long-term kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child.
5. The long-term kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the long-term kinship care relative may be eligible.
5m. The long-term kinship care relative is not receiving payments under sub. (3m) with respect to the child.
5r. The child for whom the long-term kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
6. The long-term kinship care relative and the county department or department enter into a written agreement under which the long-term kinship care relative agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care relative at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
a. The date on which the child attains the age of 18 years.
b. The date on which the child dies.
c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under s. 48.63.
d. The date on which the child ceases to reside with the long-term kinship care relative.
e. The date on which the long-term kinship care's guardianship under s. 48.977 terminates.
f. The date on which the child moves out of the state.
(ar) Subject to sub. (3p) (fm) 1m. and (hm), a county department or, in a county having a population of 500,000 or more, the department shall enter into an agreement under par. (am) 6. if all of the following conditions are met:
1. All of the conditions in par. (am) 1. to 5r. are met.
2. The applicant has expressed a willingness to enter into the agreement.
(b) 1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).
2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
(c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.
(cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) for that child.
(d) The county department or, in a county having a population of 500,000 or more, the department shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments.
(e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.
(f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m. or 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
(g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
a. The petitioner withdraws the petition in writing.
b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.
2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:
a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.
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