LRB-3977/1
GMM:kjf
2015 - 2016 LEGISLATURE
March 29, 2016 - Introduced by Representatives Goyke, Barnes, Zamarripa,
Brostoff, Spreitzer, Johnson and Zepnick. Referred to Committee on
Health.
AB1011,2,3 1An Act to repeal 48.355 (4) (b) 3., 48.357 (6) (a) 3., 48.365 (5) (b) 3., 48.623 (1m)
2(b), 48.975 (3m) (b), 938.355 (4) (am) 3., 938.357 (6) (a) 3. and 938.365 (5) (b) 3.;
3to amend 48.355 (4) (b) 4., 48.357 (6) (a) 4., 48.365 (5) (b) 4., 48.366 (1) (intro.),
448.366 (1) (a), 48.366 (2) (b) 4., 48.366 (3) (a), 48.366 (3) (c), 48.57 (3m) (a) 1.
5(intro.), 48.57 (3m) (a) 1. a., 48.57 (3m) (a) 1. b., 48.57 (3n) (a) 1. (intro.), 48.57
6(3n) (a) 1. a., 48.57 (3n) (a) 1. b., 48.57 (3n) (am) 6. a., 48.623 (1m) (intro.), 48.623
7(1m) (a), 48.623 (1m) (c), 48.645 (1) (intro.), 48.645 (1) (a), 48.645 (1) (b), 48.975
8(3m) (intro.), 48.975 (3m) (a), 48.975 (3m) (c), 938.355 (4) (am) 4., 938.357 (6)
9(a) 4., 938.365 (5) (b) 4., 938.366 (1) (intro.), 938.366 (1) (a), 938.366 (2) (b) 4.,
10938.366 (3) (a) and 938.366 (3) (c); and to create 48.366 (1m), 48.645 (1) (c) and
11938.366 (1m) of the statutes; relating to: extended out-of-home care to 21
12years of age for persons who are completing secondary education, enrolled in
13postsecondary or vocational education, participating in an employment
14program or activity, employed at least part-time, or incapable of doing any of

1those activities due to a medical condition, providing an exemption from
2emergency rule procedures, providing an exemption from rule-making
3procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill permits a child to remain in a foster home, group home, or residential
care center for children and youth, in the home of a relative, or in a supervised
independent living arrangement (out-of-home care) until the child attains 21 years
of age if the child 1) is a full-time student at a secondary school or its vocational or
technical equivalent and is reasonably expected to complete the program before
reaching 21 years of age; 2) is enrolled in an institution that provides postsecondary
or vocational education; 3) is participating in a program or activity designed to
promote, or remove barriers to, employment; 4) is employed for at least 80 hours per
month; or 5) is incapable of doing any of those activities due to a medical condition,
which incapacity is supported by regularly updated information in the child's
permanency plan. The bill also permits a relative, guardian, or adoptive parent of
such a child to continue receiving kinship care payments, subsidized guardianship
payments, or adoption assistance for the care and maintenance of such a child until
the child attains 21 years of age.
Under current law, the federal Department of Health and Human Services
provides foster care and adoption assistance under Title IV-E of the Social Security
Act for the care of persons under 18 years of age and, at the option of a state, for
persons under 19, 20, or 21 years of age, as a state may elect, who are 1) completing
secondary education or a program leading to an equivalent credential; 2) enrolled in
an institution that provides postsecondary or vocational education; 3) participating
in a program or activity designed to promote, or remove barriers to, employment; 4)
employed for at least 80 hours per month; or 5) incapable of doing any of those
activities due to a medical condition, which incapacity is supported by regularly
updated information in the child's case plan. Currently, this state permits a person
to remain in out-of-home care until he or she has attained 19 years of age, if he or
she is is a full-time student at a secondary school or its vocational or technical
equivalent and is reasonably expected to complete the program before reaching 19
years of age, and permits a person to remain in out-of-home care until he or she has
attained 21 years of age, if he or she is a full-time student at a secondary school or
its vocational or technical equivalent and if an individualized education program,
which is a program under which special education and related services are provided
to a person with a disability, is in effect for the person.

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:
AB1011,1 1Section 1. 48.355 (4) (b) 3. of the statutes is repealed.
AB1011,2 2Section 2. 48.355 (4) (b) 4. of the statutes is amended to read:
AB1011,3,193 48.355 (4) (b) 4. The date on which the child is granted a high school or high
4school equivalency diploma or the date on which the child
reaches 21 years of age,
5whichever occurs first, if the child is a full-time student at a secondary school or its
6vocational or technical equivalent and if an individualized education program under
7s. 115.787 is in effect for the child
is reasonably expected to complete the program
8before reaching 21 years of age; is enrolled in an institution that provides
9postsecondary or vocational education; is participating in a program or activity
10designed to promote, or remove barriers to, employment; is employed for at least 80
11hours per month; or is incapable of doing any of those activities due to a medical
12condition, which incapacity is supported by regularly updated information in the
13child's permanency plan
. The court may not enter an order that terminates as
14provided in this subdivision unless the child is 17 years of age or older when the order
15is entered and the child, or the child's guardian on behalf of the child, agrees to the
16order. At any time after the child reaches 18 years of age, the child, or the child's
17guardian on behalf of the child, may request the court in writing to terminate the
18order and, on receipt of such a request, the court, without a hearing, shall terminate
19the order.
AB1011,3 20Section 3. 48.357 (6) (a) 3. of the statutes is repealed.
AB1011,4 21Section 4. 48.357 (6) (a) 4. of the statutes is amended to read:
AB1011,4,17
148.357 (6) (a) 4. The date on which the child is granted a high school or high
2school equivalency diploma or the date on which the child
reaches 21 years of age,
3whichever occurs first, if the child is a full-time student at a secondary school or its
4vocational or technical equivalent and if an individualized education program under
5s. 115.787 is in effect for the child
is reasonably expected to complete the program
6before reaching 21 years of age; is enrolled in an institution that provides
7postsecondary or vocational education; is participating in a program or activity
8designed to promote, or remove barriers to, employment; is employed for at least 80
9hours per month; or is incapable of doing any of those activities due to a medical
10condition, which incapacity is supported by regularly updated information in the
11child's permanency plan
. The court may not enter an order that terminates as
12provided in this subdivision unless the child is 17 years of age or older when the order
13is entered and the child, or the child's guardian on behalf of the child, agrees to the
14order. At any time after the child reaches 18 years of age, the child, or the child's
15guardian on behalf of the child, may request the court in writing to terminate the
16order and, on receipt of such a request, the court, without a hearing, shall terminate
17the order.
AB1011,5 18Section 5. 48.365 (5) (b) 3. of the statutes is repealed.
AB1011,6 19Section 6. 48.365 (5) (b) 4. of the statutes is amended to read:
AB1011,5,1120 48.365 (5) (b) 4. The date on which the child is granted a high school or high
21school equivalency diploma or the date on which the child
reaches 21 years of age,
22whichever occurs first, if the child is a full-time student at a secondary school or its
23vocational or technical equivalent and if an individualized education program under
24s. 115.787 is in effect for the child
is reasonably expected to complete the program
25before reaching 21 years of age; is enrolled in an institution that provides

1postsecondary or vocational education; is participating in a program or activity
2designed to promote, or remove barriers to, employment; is employed for at least 80
3hours per month; or is incapable of doing any of those activities due to a medical
4condition, which incapacity is supported by regularly updated information in the
5child's permanency plan
. The court may not enter an order that terminates as
6provided in this subdivision unless the child is 17 years of age or older when the order
7is entered and the child, or the child's guardian on behalf of the child, agrees to the
8order. At any time after the child reaches 18 years of age, the child, or the child's
9guardian on behalf of the child, may request the court in writing to terminate the
10order and, on receipt of such a request, the court, without a hearing, shall terminate
11the order.
AB1011,7 12Section 7. 48.366 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act
1355
, is amended to read:
AB1011,5,1714 48.366 (1) Applicability. (intro.) This section applies to a person who is a
15full-time student of a secondary school or its vocational or technical equivalent, for
16whom an individualized education program under s. 115.787 is in effect, and

17described in sub. (1m) to whom any of the following applies:
AB1011,8 18Section 8. 48.366 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
19is amended to read:
AB1011,5,2520 48.366 (1) (a) The person is placed in a foster home, group home, or residential
21care center for children and youth, in the home of a relative other than a parent, or
22in a supervised independent living arrangement under an order under s. 48.355,
2348.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3. or 2.,
2448.357 (6) (a) 1., 2., or 3. or 2., or 48.365 (5) (b) 1., 2., or 3. 2. on or after the person
25attains 18 years of age.
AB1011,9
1Section 9. 48.366 (1m) of the statutes is created to read:
AB1011,6,112 48.366 (1m) Duration of eligibility. A person may continue in out-of-home
3care under a voluntary agreement under sub. (3) until the person attains 21 years
4of age if the person is a full-time student at a secondary school or its vocational or
5technical equivalent and is reasonably expected to complete the program before
6attaining 21 years of age; is enrolled in an institution that provides postsecondary
7or vocational education; is participating in a program or activity designed to promote,
8or remove barriers to, employment; is employed for at least 80 hours per month; or
9is incapable of doing any of those activities due to a medical condition, which
10incapacity is supported by regularly updated information in the person's
11permanency plan.
AB1011,10 12Section 10. 48.366 (2) (b) 4. of the statutes, as affected by 2015 Wisconsin Act
1355
, is amended to read:
AB1011,7,514 48.366 (2) (b) 4. If the court determines that the person who is the subject of
15an order described in sub. (1) (a) or (b) understands that he or she may continue in
16out-of-home care, but wishes to be discharged from that care on termination of the
17order, the court shall advise the person that he or she may enter into a voluntary
18agreement under sub. (3) at any time before he or she is granted a high school or high
19school equivalency diploma or reaches
attains 21 years of age, whichever occurs first,
20so long as he or she is a full-time student at a secondary school or its vocational or
21technical equivalent and an individualized education program under s. 115.787 is in
22effect for him or her
meets any of the conditions for eligibility described in sub. (1m).
23If the court determines that the person wishes to continue in out-of-home care under
24an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a),
25the court shall schedule an extension hearing under s. 48.365. If the court

1determines that the person wishes to continue in out-of-home care under a
2voluntary agreement under sub. (3), the court shall order the agency primarily
3responsible for providing services to the person under the order to provide
4transition-to-independent-living services for the person under a voluntary
5agreement under sub. (3).
AB1011,11 6Section 11. 48.366 (3) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
AB1011,7,198 48.366 (3) (a) On termination of an order described in sub. (1) (a) or (b), the
9person who is the subject of the order, or the person's guardian on behalf of the
10person, and the agency primarily responsible for providing services to the person
11under the order may enter into a transition-to-independent-living agreement
12under which the person continues in out-of-home care and continues to be a
13full-time student at a secondary school or its vocational or technical equivalent
14under an individualized education program under s. 115.787
until the date on which
15the person reaches 21 years of age, is granted a high school or high school equivalency
16diploma
no longer meets any of the conditions for eligibility described in sub. (1m),
17or terminates the agreement as provided in par. (b), whichever occurs first, and the
18agency provides services to the person to assist him or her in transitioning to
19independent living.
AB1011,12 20Section 12. 48.366 (3) (c) of the statutes is amended to read:
AB1011,8,621 48.366 (3) (c) A person who terminates a voluntary agreement under this
22subsection, or the person's guardian on the person's behalf, may request the agency
23primarily responsible for providing services to the person under the agreement to
24enter into a new voluntary agreement under this subsection at any time before the
25person is granted a high school or high school equivalency diploma or reaches attains

121 years of age, whichever occurs first, so long as the person is a full-time student
2at a secondary school or its vocational or technical equivalent and an individualized
3education program under s. 115.787 is in effect for him or her
meets any of the
4conditions for eligibility described in sub. (1m)
. If the request meets the conditions
5set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new
6voluntary agreement with that person.
AB1011,13 7Section 13. 48.57 (3m) (a) 1. (intro.) of the statutes, as affected by 2015
8Wisconsin Act 55
, is amended to read:
AB1011,8,119 48.57 (3m) (a) 1. (intro.) "Child" means a person under 18 years of age. "Child"
10also includes a person 18 years of age or over, but under 21 years of age, if any of the
11following applies:
AB1011,14 12Section 14. 48.57 (3m) (a) 1. a. of the statutes, as affected by 2015 Wisconsin
13Act 55
, is amended to read:
AB1011,8,2214 48.57 (3m) (a) 1. a. The person is under 19 years of age, is a full-time student
15in good academic standing at a secondary school or its vocational or technical
16equivalent, and is reasonably expected to complete his or her program of study and
17be granted a high school or high school equivalency diploma before attaining 21 years
18of age; is enrolled in an institution that provides postsecondary or vocational
19education; is participating in a program or activity designed to promote, or remove
20barriers to, employment; is employed for at least 80 hours per month; or is incapable
21of doing any of those activities due to a medical condition, which incapacity is
22supported by regularly updated information in the child's permanency plan
.
AB1011,15 23Section 15. 48.57 (3m) (a) 1. b. of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
AB1011,9,8
148.57 (3m) (a) 1. b. The person is under 21 years of age, is a full-time student
2in good academic standing at a secondary school or its vocational or technical
3equivalent, an individualized education program under s. 115.787 is in effect for the
4person, and the person is
placed in the home of the kinship care relative under an
5order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates
6under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or
7under a voluntary transition-to-independent-living agreement under s. 48.366 (3)
8or 938.366 (3).
AB1011,16 9Section 16. 48.57 (3n) (a) 1. (intro.) of the statutes, as affected by 2015
10Wisconsin Act 55
, is amended to read:
AB1011,9,1311 48.57 (3n) (a) 1. (intro.) "Child" means a person under 18 years of age. "Child"
12also includes a person 18 years of age or over, but under 21 years of age, if any of the
13following applies:
AB1011,17 14Section 17. 48.57 (3n) (a) 1. a. of the statutes, as affected by 2015 Wisconsin
15Act 55
, is amended to read:
AB1011,9,2416 48.57 (3n) (a) 1. a. The person is under 19 years of age, is a full-time student
17in good academic standing at a secondary school or its vocational or technical
18equivalent, and is reasonably expected to complete his or her program of study and
19be granted a high school or high school equivalency diploma before attaining 21 years
20of age; is enrolled in an institution that provides postsecondary or vocational
21education; is participating in a program or activity designed to promote, or remove
22barriers to, employment; is employed for at least 80 hours per month; or is incapable
23of doing any of those activities due to a medical condition, which incapacity is
24supported by regularly updated information in the child's permanency plan
.
AB1011,18
1Section 18. 48.57 (3n) (a) 1. b. of the statutes, as affected by 2015 Wisconsin
2Act 55
, is amended to read:
AB1011,10,103 48.57 (3n) (a) 1. b. The person is under 21 years of age, is a full-time student
4in good academic standing at a secondary school or its vocational or technical
5equivalent, an individualized education program under s. 115.787 is in effect for the
6person, and the person is
placed in the home of the long-term kinship care relative
7under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
8terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
9of age or under a voluntary transition-to-independent-living agreement under s.
1048.366 (3) or 938.366 (3).
AB1011,19 11Section 19. 48.57 (3n) (am) 6. a. of the statutes is amended to read:
AB1011,11,312 48.57 (3n) (am) 6. a. The date on which the child attains the age of 18 years;
13or, if on that date the child is a full-time student in good academic standing at a
14secondary school or its vocational or technical equivalent and is reasonably expected
15to complete his or her program of study and be granted a high school or high school
16equivalency diploma, the date on which the child is granted a high school or high
17school equivalency diploma or the date on which the child attains the age of 19 years,
18whichever occurs first; or, if on that date the child is a full-time student in good
19academic standing at a secondary school or its vocational or technical equivalent and
20an individualized education program under s. 115.787 is in effect for the child
before
21attaining 21 years of age, is enrolled in an institution that provides postsecondary
22or vocational education, is participating in a program or activity designed to promote,
23or remove barriers to, employment, is employed for at least 80 hours per month, or
24is incapable of doing any of those activities due to a medical condition, which
25incapacity is supported by regularly updated information in the child's permanency

1plan
, the date on which the child is granted a high school or high school equivalency
2diploma
ceases to meet any of those conditions for eligibility or the date on which the
3child attains the age of 21 years, whichever occurs first.
AB1011,20 4Section 20. 48.623 (1m) (intro.) of the statutes, as created by 2015 Wisconsin
5Act 55
, is amended to read:
AB1011,11,86 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship
7payments under sub. (1) or (6) may be continued after until the child attains 18 21
8years of age if any all of the following applies apply:
AB1011,21 9Section 21. 48.623 (1m) (a) of the statutes, as created by 2015 Wisconsin Act
1055
, is amended to read:
Loading...
Loading...