AB510: Bill Text

LRB-3671/1

GMM:nwn:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 510

October 20, 2009 - Introduced by Representatives Pasch, Turner, Berceau, Seidel and Roys, cosponsored by Senators Jauch and Lehman. Referred to Committee on Children and Families.

AB510,1,11 An Act to repeal 48.75 (1g) (d); to amend 20.410 (3) (ho), 48.57 (3m) (am) (intro.), 48.57 (3m) (am) 1., 48.57 (3m) (f), 48.57 (3n) (am) (intro.), 48.57 (3n) (am) 1., 48.62 (4), 48.62 (8) (b), 48.75 (1g) (c) (intro.), 48.75 (1g) (c) 1., 48.75 (1g) (c) 2., 48.75 (1g) (c) 3., 49.343 (1g), 49.343 (1g), 49.343 (2) (a) and 49.343 (2) (a); to repeal and recreate 20.410 (3) (ho), 48.57 (3m) (am) (intro.), 49.343 (1g) and 49.343 (2) (a); to create 48.48 (17) (a) 10m., 48.57 (3m) (ap) and 48.57 (3n) (ap) of the statutes; and to affect 2009 Wisconsin Act 28, section 9408 (6); relating to: the monthly rates that are paid for foster care; the levels of care that a foster home may provide; licensing of kinship care relatives to operate foster homes and, subject to certain exceptions, time limits on the receipt of kinship care payments; and licensing of foster homes across county lines.

Analysis by the Legislative Reference Bureau

Introduction. Under current law, any person who receives four or fewer children or, under certain circumstances, more than four children to provide care and maintenance for those children must obtain a license to operate a foster home and is reimbursed for that care and maintenance according to rates specified in the statutes. A relative other than a parent (kinship care relative) who provides care and maintenance for a child is not required to obtain a foster home license, but may, if he or she meets certain conditions, receive monthly payments from the county department of human services or social services (county department) or, in Milwaukee County, the Department of Children and Families (DCF) for the care and maintenance provided for the child (kinship care payments).

This bill makes various changes relating to: 1) the monthly rates that are paid for foster care and kinship care; 2) the levels of care that a foster home may provide; 3) licensing of kinship care relatives to operate foster homes and, subject to certain exceptions, time limits on kinship care payments; and 5) licensing of foster homes across county lines.

Monthly rates for foster care and kinship care. Under current law, a foster parent who is a relative of the child who is receiving foster care is reimbursed for basic maintenance at the rate of $215 per month and, beginning on January 1, 2011, at the rate of $220 per month. Under current law, a foster parent who is a nonrelative of the child who is receiving foster care is reimbursed for basic maintenance according to age-related rates specified in the statutes and may receive supplemental payments that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child (supplemental payments) according to rules promulgated by DCF. Under current law, a kinship care relative who is providing care and maintenance for a child may receive payments in the amount of $215 per month for the care and maintenance provided for the child.

This bill provides that a foster parent who is licensed to provide the basic level of care under the rules promulgated by DCF is reimbursed at the rate of $215 per month and, beginning on January 1, 2011, at the rate of $220 per month, regardless of whether the foster parent is a relative or a nonrelative of the child who is receiving foster care. Similarly, the bill also provides that a foster parent who is licensed to provide care at a level of care that is higher than that basic level of care is reimbursed according to the current statutory age-related rates and may receive supplemental payments, regardless of whether the foster parent is a relative or a nonrelative of the child who is receiving foster care. In addition, beginning on January 1, 2011, the bill raises the amount paid to a kinship care relative for the care and maintenance of a child to $220 per month.

Levels of care that a foster home may provide. Under current law, a foster home that is licensed to provide a given level of care may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is licensed to provide. This bill also permits a foster home that is licensed to provide a given level of care to provide foster care for a child whose needs are assessed to be above that level of care, if support and services sufficient to meet those needs are provided.

Licensing of kinship care relatives to operate foster homes and time limits on kinship care payments. The bill requires a kinship care relative who is providing care and maintenance for a child who is placed in the kinship care relative's home under an order of the court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court), as a condition for the receipt of kinship care payments, to apply for a license to operate a foster home and, subject to certain exceptions, places time limits on the receipt of kinship care payments.

Specifically, the bill permits a county department or, in Milwaukee County, DCF to make kinship care payments to a kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative under a juvenile court order for no more than 60 days after the date on which the county department or DCF received the completed application of the kinship care relative for a license to operate a foster home or, if the application is approved or denied within those 60 days, until the date on which the application is approved or denied.

If the application is not approved or denied within those 60 days for any reason other than an act or omission of the kinship care relative, the county department or DCF may make kinship care payments for four months after the date on which the county department or DCF received the completed application or, if the application is approved or denied within those four months, until the date on which the application is approved or denied.

Notwithstanding that an application of a kinship care relative for a foster home license is denied, the county department or DCF may make kinship care payments to the kinship care relative for as long as the kinship care relative continues to meet the conditions for eligibility for those payments if the county department or DCF submits to the juvenile court information relating to the background investigation required when a kinship care relative applies for kinship care payments, an assessment of the safety of the kinship care relative's home and the ability of the kinship care relative to care for the child, and a recommendation that the child remain in the home of the kinship care relative, and the juvenile court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's home.

Similarly, the bill requires a kinship care relative who on the day before the effective date of the bill is receiving kinship care payments for the care and maintenance of a child who is placed in the kinship care relative's home under a juvenile court order to obtain a license to operate a foster home by no later than six months after the date of the first annual review of the kinship care placement occurring after the effective date of the bill. If the kinship care relative refuses to obtain such a license or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review or permanency plan hearing occurring after the date by which the kinship care relative is required to obtain the license, the agency that prepared the child's permanency plan must make a recommendation, and the juvenile court or panel conducting the review or hearing must make a determination, regarding the continuing necessity for and safety and appropriateness of the placement. If the juvenile court or panel determines that the placement continues to be necessary, safe, and appropriate, the child may remain in the placement and the kinship care relative may continue to receive kinship care payments.

Licensing of foster homes across county lines. Under current law, a county department or, in Milwaukee County, DCF (collectively "public licensing agency") may license a foster home that is located in another county if the person who will be licensed is a relative or guardian of the child, the foster parent moves with the child to the other county and the license will allow the foster parent to continue to care for the child, or the counties are contiguous. A public licensing agency, however, may not license a foster home in another county under those circumstances unless the public licensing agency issuing the license and the public licensing agency of the other county enter into a written agreement that includes: 1) a statement that the public licensing agency issuing the license has placement and care responsibility for the child and has primary responsibility for providing services to the child, as specified in the agreement; 2) a statement that the public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement; and 3) a description of the procedures to be followed in providing emergency services to the child and to the foster parent, as specified in the agreement.

This bill permits a public licensing agency to license a foster home in another county under those circumstances without entering into an agreement with the public licensing agency of the other county. The public licensing agency issuing the license, however, is still required to have placement and care responsibility for the child and primary responsibility for providing services to the child, is still responsible for the costs of the placement and any related costs, and must have in place procedures to be followed in providing emergency services to the child and to the foster parent.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB510, s. 1 Section 1. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act 28, sections 315, 316 and 317, is repealed and recreated to read:

AB510,5,11 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate exceed actual fiscal year foster care, treatment foster care, group home care, and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care, or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

AB510, s. 2 Section 2. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB510,6,5 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate exceed actual fiscal year foster care, treatment foster care, group home care, and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care, or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

AB510, s. 3 Section 3. 48.48 (17) (a) 10m. of the statutes is created to read:

AB510,6,8 48.48 (17) (a) 10m. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), and (3p).

AB510, s. 4 Section 4. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB510,6,18 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), 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 Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB510, s. 5 Section 5. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB510,7,3 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), 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. Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $220 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB510, s. 6 Section 6. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB510,7,8 48.57 (3m) (am) 1. The kinship care relative applies to the county department or department for payments under this subsection and the , if the child is placed in the home of the kinship care relative under a court order, for a license to operate a foster home under s. 48.62 (1).

AB510,7,11 1m. The county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.

AB510, s. 7 Section 7. 48.57 (3m) (ap) of the statutes is created to read:

AB510,7,20 48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to a kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative under a court order for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the kinship care relative for a license to operate a foster home or, if the application is approved or denied within those 60 days, until the date on which the application is approved or denied.

AB510,8,2 2. If the application specified in subd. 1. is not approved or denied within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied within those 4 months, until the date on which the application is approved or denied.

AB510,8,17 3. Notwithstanding that an application of a kinship care relative specified in subd. 1. is denied, the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to the kinship care relative for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the kinship care relative's home and the ability of the kinship care relative to care for the child, and a recommendation that the child remain in the home of the kinship care relative and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's home. If the court does not order the child to remain in the kinship care relative's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement

AB510, s. 8 Section 8. 48.57 (3m) (f) of the statutes is amended to read:

AB510,8,24 48.57 (3m) (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., 1m., 2., 5., or 6. 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.

AB510, s. 9 Section 9. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB510,9,10 48.57 (3n) (am) (intro.) From the appropriation under s. 20.437 (2) (md), 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 Subject to par. (ap), 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:

AB510, s. 10 Section 10. 48.57 (3n) (am) 1. of the statutes is amended to read:

AB510,9,15 48.57 (3n) (am) 1. The long-term kinship care relative applies to the county department or department for payments under this subsection, applies for a license to operate a foster home under s. 48.62 (1), and provides proof that he or she has been appointed as the guardian of the child under s. 48.977 (2).

AB510, s. 11 Section 11. 48.57 (3n) (ap) of the statutes is created to read:

AB510,9,25 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to a long-term kinship care relative who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term kinship care relative for a license to operate a foster home or, if the application is approved or denied within those 60 days, until the date on which the application is approved or denied.

AB510,10,8 2. If the application specified in subd. 1. is not approved or denied within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care relative, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied within those 4 months, until the date on which the application is approved or denied.

AB510,10,25 3. Notwithstanding that an application of a long-term kinship care relative specified in subd. 1. is denied, the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to the long-term kinship care relative until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care relative's home and the ability of the long-term kinship care relative to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative's home. If the court does not order the child to remain in the kinship care relative's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person specified in s. 48.977 (4) (a) may also request a termination of the guardianship order.

AB510, s. 12 Section 12. 48.62 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB510,11,23 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2010, the rates are $215 for care and maintenance provided by a relative of a child of any age for a child of any age by a foster home that is licensed to provide the basic level of care under the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a nonrelative foster home that is licensed to provide care at a level of care that is higher than that basic level of care, $349 for a child under 5 years of age; $381 for a child 5 to 11 years of age; $433 for a child 12 to 14 years of age; and $452 for a child 15 years of age or over. Beginning on January 1, 2011, the rates are $220 for care and maintenance provided by a relative of a child of any age for a child of any age by a foster home that is licensed to provide the basic level of care under the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a nonrelative foster home that is licensed to provide care at a level of care that is higher than that basic level of care, $366 for a child under 5 years of age; $400 for a child 5 to 11 years of age; $455 for a child 12 to 14 years of age; and $475 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).