AB602,11,1811 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative
12states that he or she does not have any arrests or convictions that could adversely
13affect the child or the long-term kinship care relative's ability to care for the child
14and that, to the best of the long-term kinship care relative's knowledge, no adult
15resident, as defined in sub. (3p) (a), and no employe or prospective employe of the
16long-term kinship care relative who would have regular contact with the child has
17any arrests or convictions that could adversely affect the child or the long-term
18kinship care relative's ability to care for the child.
AB602,11,2119 5. The long-term kinship care relative cooperates with the county department
20in the application process, including applying for other forms of assistance for which
21the long-term kinship care relative may be eligible.
AB602,11,2322 5m. The long-term kinship care relative is not receiving payments under sub.
23(3m) with respect to the child.
AB602,12,424 6. The county department and long-term kinship care relative enter into a
25written agreement under which the long-term kinship care relative agrees to

1provide care and maintenance for the child and the county department agrees,
2subject to sub. (3p) (h), to make monthly payments to the long-term kinship care
3relative at the rate specified in sub. (3m) (am) (intro.) until the earliest of the
4following:
AB602,12,55 a. The date on which the child attains the age of 18 years.
AB602,12,66 b. The date on which the child dies.
AB602,12,87 c. The date on which the child is placed outside the long-term kinship care
8relative's home under a court order or under a voluntary agreement under s. 48.63.
AB602,12,109 d. The date on which the child ceases to reside with the long-term kinship care
10relative.
AB602,12,1211 e. The date on which the long-term kinship care's guardianship under s. 48.977
12terminates.
AB602,12,1313 f. The date on which the child moves out of the state.
AB602,12,1514 (ar) Subject to sub. (3p) (fm) 1m. and (h), a county department shall enter into
15an agreement under par. (am) 6. if all of the following conditions are met:
AB602,12,1616 1. All of the conditions in par. (am) 1. to 5m. are met.
AB602,12,1717 2. The applicant has expressed a willingness to enter into the agreement.
AB602,12,2018 (b) 1. The county department shall refer to the attorney responsible for support
19enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for
20whom a payment is made under par. (am).
AB602,13,621 2. When any long-term kinship care relative of a child applies for or receives
22payments under this subsection, any right of the child or the child's parent to support
23or maintenance from any other person, including any right to unpaid amounts
24accrued at the time of application and any right to amounts accruing during the time
25that payments are made under this subsection, is assigned to the state. If a child is

1the beneficiary of support under a judgment or order that includes support for one
2or more children who are not the beneficiaries of payments under this subsection,
3any support payment made under the judgment or order is assigned to the state in
4the amount that is the proportionate share of the child who is the beneficiary of the
5payment made under this subsection, except as otherwise ordered by the court on the
6motion of a party.
AB602,13,97 (c) The county department shall require the parent or parents of a child for
8whom a payment is made under par. (am) to initiate or continue health care
9insurance coverage for the child.
AB602,13,1210 (cm) A long-term kinship care relative who receives a payment under par. (am)
11for providing care and maintenance for a child is not eligible to receive a payment
12under sub. (3m) or s. 48.62 (4) for that child.
AB602,13,1613 (d) The county department shall, at least once every 12 months after the county
14department begins making payments under this subsection, determine whether any
15of the events specified in par. (am) 6. a. to f. have occurred. If any such events have
16occurred, the county department shall discontinue making those payments.
AB602,13,1817 (e) The department shall determine whether the child is eligible for medical
18assistance under ss. 49.43 to 49.47.
Note: Creates the long-term kinship care program described above in the
Prefatory note.
AB602, s. 9 19Section 9. 48.57 (3n) (am) (intro.) of the statutes, as created by 1997 Wisconsin
20Act .... (this act), is amended to read:
AB602,14,321 48.57 (3n) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o)
22(3) (cz) and (kc), the department shall reimburse counties for payments made under
23this subsection. A county department shall make monthly payments for each child

1in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative
2who is providing care and maintenance for that child if all of the following conditions
3are met:
Note: This Section and the previous Section set forth alternative appropriations
to fund the long-term kinship care program. If the biennial budget act provides that
kinship care payments are to be made from the appropriation for foster care, kinship care
and aid to minor custodial parents and from the appropriation for interagency and
intra-agency funds, then this Section, which provides that those appropriations must
also be used to fund long-term kinship care payments, applies. On the other hand, if the
biennial budget act does not provide that kinship care payments are to be made from the
appropriation for foster care, kinship care and aid to minor custodial parents and from
the appropriation for interagency and intra-agency funds and uses the community aids
appropriations for that purpose as under current law, then the previous Section, which
provides that the community aids appropriations must also be used to fund long-term
kinship care payments, applies.
AB602, s. 10 4Section 10 . 48.57 (3p) (a) of the statutes is amended to read:
AB602,14,95 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of
6age or over who lives at the home of a person who has applied for or is receiving
7payments under sub. (3m) or (3n) with the intent of making that home his or her
8home or who lives for more than 30 days cumulative in any 6-month period at the
9home of a person who has applied for or is receiving payments under sub. (3m) or (3n).
Note: With respect to the definition of "adult resident" for purposes of criminal
background investigations, reflects the creation of the long-term kinship care program
by this bill.
AB602, s. 11 10Section 11 . 48.57 (3p) (b) 1. of the statutes is amended to read:
AB602,14,1311 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m)
12or (3n), the county department, with the assistance of the department of justice, shall
13conduct a background investigation of the applicant.
Note: Requires the county department to conduct a criminal background
investigation of an applicant for long-term kinship care payments.
AB602, s. 12 14Section 12. 48.57 (3p) (b) 3. of the statutes is created to read:
AB602,15,215 48.57 (3p) (b) 3. The county department, with the assistance of the department
16of justice, may conduct a background investigation of any person who is receiving

1payments under sub. (3n) at any time that the county department considers to be
2appropriate.
Note: Permits the county department to conduct a criminal background
investigation of a long-term kinship care relative at any time that the county department
considers to be appropriate.
AB602, s. 13 3Section 13. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB602,15,94 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m)
5or (3n), the county department, with the assistance of the department of justice,
6shall, in addition to the investigation under par. (b) 1., conduct a background
7investigation of all employes and prospective employes of the applicant who have or
8would have regular contact with the child for whom those payments are being made
9and of each adult resident.
Note: Requires the county department to conduct criminal background
investigations of the employes and prospective employes of a long-term kinship care
relative who have or would have regular contact with the child and of the adult residents
of a long-term kinship care relative's home.
AB602, s. 14 10Section 14. 48.57 (3p) (c) 2m. of the statutes is created to read:
AB602,15,1611 48.57 (3p) (c) 2m. The county department, with the assistance of the
12department of justice, may conduct a background investigation of any of the
13employes or prospective employes of any person who is receiving payments under
14sub. (3n) who have or would have regular contact with the child for whom payments
15are being made and of each adult resident at any time that the county department
16considers to be appropriate.
Note: Permits the county department to conduct a criminal background
investigation of a long-term kinship care relative's employes or prospective employes
who have or would have regular contact with the child or any adult resident of the
long-term kinship care relative's home at any time the county department considers to
be appropriate.
AB602, s. 15 17Section 15. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB602,16,7
148.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m)
2or (3n) may employ any person in a position in which that person would have regular
3contact with the child for whom those payments are being made or permit any person
4to be an adult resident, the county department, with the assistance of the
5department of justice, shall conduct a background investigation of the prospective
6employe or prospective adult resident unless that person has already been
7investigated under subd. 1. or, 2. or 2m.
Note: Requires the county department to conduct a criminal background
investigation of any prospective employe of a long-term kinship care relative who would
have regular contact with the child and of any prospective adult resident of the long-term
kinship care relative's home before the long-term kinship care relative may employ the
person or permit the person to reside in his or her home.
AB602, s. 16 8Section 16 . 48.57 (3p) (fm) 1m. of the statutes is created to read:
AB602,16,229 48.57 (3p) (fm) 1m. The county department may not enter into the agreement
10under sub. (3n) (am) 6. unless that county department receives information from the
11department of justice relating to the conviction record of the applicant under the law
12of this state and that record indicates either that the applicant has not been arrested
13or convicted or that the applicant has been arrested or convicted but the director of
14the county department determines that the conviction record is satisfactory because
15it does not include any arrest or conviction that the director determines is likely to
16adversely affect the child or the long-term kinship care relative's ability to care for
17the child. The county department may make payments under sub. (3n) conditioned
18on the receipt of information from the federal bureau of investigation indicating that
19the person's conviction record under the law of any other state or under federal law
20is satisfactory because the conviction record does not include any arrest or conviction
21that the director of the county department determines is likely to adversely affect the
22child or the long-term kinship care relative's ability to care for the child.

Note: See the Note following Section 18.
AB602, s. 17 1Section 17. 48.57 (3p) (fm) 2m. of the statutes is created to read:
AB602,18,32 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may
3provisionally employ a person in a position in which that person would have regular
4contact with the child for whom those payments are being made or provisionally
5permit a person to be an adult resident if the person receiving those payments states
6to the county department that, to the best of his or her knowledge, the employe or
7adult resident does not have any arrests or convictions that could adversely affect the
8child or the ability of the person receiving payments to care for the child. A person
9receiving payment under sub. (3n) may not finally employ a person in a position in
10which that person would have regular contact with the child for whom those
11payments are being made or finally permit a person to be an adult resident until the
12county department receives information from the department of justice relating to
13the person's conviction record under the law of this state and that record indicates
14either that the person has not been arrested or convicted or that the person has been
15arrested or convicted but the director of the county department determines that the
16conviction record is satisfactory because it does not include any arrest or conviction
17that is likely to adversely affect the child or the long-term kinship care relative's
18ability to care for the child and the county department so advises the person receiving
19payments under sub. (3n). A person receiving payments under sub. (3n) may finally
20employ a person in a position in which that person would have regular contact with
21the child for whom those payments are being made or finally permit a person to be
22an adult resident conditioned on the receipt of information from the county
23department that the federal bureau of investigation indicates that the person's
24conviction record under the law of any other state or under federal law is satisfactory

1because the conviction record does not include any arrest or conviction that the
2director of the county department determines is likely to adversely affect the child
3or the long-term kinship care relative's ability to care for the child.
Note: See the Note following the Section 18.
AB602, s. 18 4Section 18 . 48.57 (3p) (h) of the statutes is created to read:
AB602,18,115 48.57 (3p) (h) A county department may not make payments to a person under
6sub. (3n) and a person receiving payments under sub. (3n) may not employ a person
7in a position in which that person would have regular contact with the child for whom
8payments are being made or permit a person to be an adult resident if the director
9of the county department determines that the person has any arrest or conviction
10that is likely to adversely affect the child or the long-term kinship care relative's
11ability to care for the child.
Note: The previous 3 Sections create provisions which are similar to the criminal
background investigation provisions under the kinship care program under s. 48.57 (3m),
stats., but differ in that kinship care payments may not be made if either the person
applying for kinship care payments, a person permitted to be an adult resident in the
home of the kinship care relative or a person employed by the kinship care relative in a
position in which that employe would have regular contact with the child has been
convicted of certain crimes which are specified in s. 48.57 (3p) (g) 1. to 3., stats. In
contrast, conviction of one of those specified crimes does not result in automatic exclusion
for long-term kinship care payments. Rather, if there is a record of arrest or conviction,
a person may not receive long-term kinship care payments unless the director of the
county department determines that any arrest or conviction is not likely to adversely
affect the child or the long-term kinship care relative's ability to care for the child.
AB602, s. 19 12Section 19. 48.57 (3t) of the statutes is amended to read:
AB602,19,213 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may
14enter into an agreement with the governing body of a federally recognized American
15Indian tribe or band to allow that governing body to administer the program under
16subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any such
17agreement with respect to administration of the program under sub. (3n) shall

1specify who is to make any determination as to whether a conviction record is
2satisfactory.
Note: Does the following:
1. Amends the provision which allows DHFS to enter into an agreement with an
Indian tribe to administer the kinship care program to add a parallel provision for the
long-term kinship care program and a parallel provision for an Indian band.
2. Provides that with respect to the long-term kinship care program, the
agreement must specify who is to make the decision as to whether a conviction record is
satisfactory.
AB602, s. 20 3Section 20. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
AB602,19,74 49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is
5under the age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care
6and maintenance for a child who is under the age of 13, and child care services for
7that child are needed in order for the individual to do any of the following:
Note: Current law provides, in pertinent part, that a kinship care relative who is
providing care and maintenance for a child who is under age 13 may be eligible for a
Wisconsin works child care subsidy under certain circumstances. This bill adds a parallel
provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as
created by the bill.
AB602, s. 21 8Section 21. 49.22 (6) of the statutes is amended to read:
AB602,19,179 49.22 (6) The department shall establish, pursuant to federal and state laws,
10rules and regulations, a uniform system of fees for services provided under this
11section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits
12under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care
13payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57
14(3n)
. The system of fees may take into account an individual's ability to pay. Any fee
15paid and collected under this subsection may be retained by the county providing the
16service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator
17services.
Note: Current law provides that the uniform system of fees established by DHFS
for services under s. 49.22, stats., that is, for services related to the child and spousal
support and establishment of paternity and medical liability support program, do not
apply to certain persons, including individuals receiving kinship care payments under s.

48.57 (3m), stats. This bill adds a parallel provision for individuals receiving long-term
kinship care payments under s. 48.57 (3n), stats., as created by the bill.
AB602, s. 22 1Section 22. 49.22 (7m) of the statutes is amended to read:
AB602,20,112 49.22 (7m) The department may contract with or employ a collection agency
3or other person to enforce a support obligation of a parent who is delinquent in
4making support payments and may contract with or employ an attorney to appear
5in an action in state or federal court to enforce such an obligation. To pay for the
6department's administrative costs of implementing this subsection, the department
7may charge a fee to counties, retain up to 50% of any incentive payment made to this
8state under 42 USC 658 for a collection under this subsection, and retain 30% of this
9state's share of a collection made under this subsection on behalf of a recipient of aid
10to families with dependent children or a recipient of kinship care payments under
11s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).
Note: With respect to collections made under the child and spousal support
enforcement program, adds a provision to include collections made on behalf of a recipient
of long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, on
the same basis as collections made on behalf of a recipient of kinship care payments under
s. 48.57 (3m), stats.
AB602, s. 23 12Section 23 . 49.23 (1) of the statutes is amended to read:
AB602,21,713 49.23 (1) From the appropriation under s. 20.445 (3) (cb), the department shall
14award grants to counties for programs to revise child support orders. Each county
15receiving a grant shall review child support orders awarded to persons who receive
16benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under
17s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or (3n) or
1849.148 and whose children do not receive benefits under s. 49.19 and shall initiate
19actions to revise the orders based on that review. Each county receiving a grant shall
20review child support orders awarded to persons who receive benefits under s. 48.57
21(3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and child

1support orders awarded to persons who do not receive benefits under s. 48.57 (3m)
2or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 in
3proportion to the number of those 2 categories of orders in the county's child support
4case load. Before a county may initiate an action to revise a child support order under
5this subsection for a person who does not receive benefits under s. 48.57 (3m) or (3n)
6or 49.148 and whose children do not receive benefits under s. 49.19, the custodial
7parent of the children must voluntarily consent to the revision.
Note: With respect to the child support order revision program, adds provisions to
include child support orders awarded to persons who receive long-term kinship care
payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child
support orders awarded to persons who receive kinship care payments under s. 48.57
(3m), stats.
AB602, s. 24 8Section 24 . 49.23 (2) (a) 1. of the statutes is amended to read:
AB602,21,139 49.23 (2) (a) 1. Provides an incentive for a county to increase its child support
10collections for persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or
11whose children receive benefits under s. 46.261 or 49.19 as well as for persons who
12do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do
13not receive benefits under s. 46.261 or 49.19.
Note: With respect to the child support collection incentive program, adds
provisions to include child support collections for person who receive long-term kinship
care payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child
support collections for persons who receive kinship care payments under s. 48.57 (3m),
stats.
AB602, s. 25 14Section 25. 49.46 (1) (a) 5. of the statutes is amended to read:
AB602,21,1715 49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care,
16long-term kinship care
or treatment foster care placement under ch. 48 or 938, as
17determined by the department.
Note: See Note following the next Section.
AB602, s. 26 18Section 26 . 49.46 (1) (a) 16. of the statutes is amended to read:
AB602,22,3
149.46 (1) (a) 16. Any child who is living with a relative who is eligible to receive
2payments under s. 48.57 (3m) or (3n) with respect to that child, if the department
3determines that no other insurance is available to the child.
Note: Current law provides that certain individuals are eligible for MA, including
a child who is in a kinship care placement under ch. 48, stats., as determined by DHFS,
or a child who is living with a relative who is eligible to receive kinship care payments
with respect to the child, if DHFS determines that no other insurance is available to the
child. This bill adds a parallel provision for a long-term kinship care relative, as defined
in s. 48.57 (3n), stats., as created by this bill.
AB602, s. 27 4Section 27. 49.96 of the statutes is amended to read:
AB602,22,10 549.96 Assistance grants exempt from levy. All grants of aid to families with
6dependent children, payments made under ss. 48.57 (3m) or (3n) or 49.148 (1) (b) to
749.159, payments made for social services, cash benefits paid by counties under s.
859.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every
9tax, and from execution, garnishment, attachment and every other process and shall
10be inalienable.
Note: Current law provides that certain types of assistance payments, including
kinship care payments under s. 48.57 (3m), stats., are exempt from levy. This bill adds
a parallel exemption for long-term kinship care payments under s. 48.57 (3n), stats., as
created by the bill.
AB602, s. 28 11Section 28. 767.045 (1) (c) 1. of the statutes is amended to read:
AB602,22,1612 767.045 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19 or
1349.45 on behalf of the child, or benefits are provided to the child's custodial parent
14under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred
15by a statute of limitations from commencing an action under s. 767.45 on behalf of
16the child.
Note: With respect to the circumstances under which a guardian ad litem is
appointed for a child in an action involving the family when requested by the IV-D
attorney, adds a provision to require the court, if so requested, to appoint a guardian ad
litem, if long-term kinship care payments under s. 48.57 (3n), stats., as created by the
bill, are paid on behalf of the child on the same basis as if kinship care payments under
s. 48.57 (3m), stats., are paid on behalf of the child.
AB602, s. 29 17Section 29. 767.075 (1) (c) and (cm) of the statutes are amended to read:
AB602,23,3
1767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45
2is provided on behalf of a dependent child or benefits are provided to the child's
3custodial parent under ss. 49.141 to 49.161.
AB602,23,74 (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 has, in
5the past, been provided on behalf of a dependent child, or benefits have, in the past,
6been provided to the child's custodial parent under ss. 49.141 to 49.161, and the
7child's family is eligible for continuing child support services under 45 CFR 302.33.
Note: With respect to the circumstances under which the state is a real party in
interest for purposes of establishing paternity and securing reimbursement of aid paid,
future support and costs as appropriate in an action affecting the family, adds a provision
to provide that the state is a real party in interest when long-term kinship care payments
under s. 48.57 (3n), stats., as created by the bill, are provided or in the past have been
provided on behalf of a dependent child on the same basis as the state is a real party in
interest when kinship care payments under s. 48.57 (3m), stats., are provided or in the
past have been provided on behalf of a dependent child.
AB602, s. 30 8Section 30. 767.077 (intro.) of the statutes is amended to read:
AB602,23,13 9767.077 Support for dependent child. (intro.) The state or its delegate
10under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
11(1) (f) or, if appropriate, for paternity determination and child support under s.
12767.45 whenever the child's right to support is assigned to the state under s. 46.261,
1348.57 (3m) (b) 2. or (3n) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:
Note: With respect to when the state must bring an action for paternity
determination and child support, adds a provision to require the state to bring such an
action when the child's right to support is assigned to the state under the long-term
kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same
basis as the state is required to bring such an action when the child's right to support is
assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats.
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