LRB-1031/1
GMM:jld
2015 - 2016 LEGISLATURE
September 14, 2015 - Introduced by Representatives Kooyenga, Rodriguez,
Jagler, Gannon, Thiesfeldt, Petersen, Hutton, Allen, A. Ott, Kremer,
Novak and Ballweg, cosponsored by Senators LeMahieu and Moulton.
Referred to Committee on Children and Families.
AB339,1,6 1An Act to renumber and amend 48.623 (1) (b) 1.; and to create 48.623 (1) (b)
21. c. and 48.623 (7) (d) of the statutes; relating to: eligibility for monthly
3subsidized guardianship payments of a person who develops a familial
4relationship with a child or the child's family during the child's placement in
5out-of-home care, providing an exemption from emergency rule procedures,
6and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a guardian of a child in need of protection or services is
eligible to receive monthly subsidized guardianship payments if certain conditions
have been met. One of those conditions is that the guardian must be a relative of the
child or a person who has a significant emotional relationship with the child and who,
prior to the child's placement in out-of-home care, had an existing relationship with
the child that is similar to a familial relationship.
This bill provides that a person who has a significant emotional relationship
with a child or the child's family and who, during to the child's placement in
out-of-home care, developed a relationship with the child or the child's family that
is similar to a familial relationship is eligible for monthly subsidized guardianship
payments. Eligibility of such a person for those payments, however, is subject to
rules that the bill requires the Department of Children and Families to promulgate
establishing conditions that must be met in order for that person to be eligible for
those payments.

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:
AB339,1 1Section 1. 48.623 (1) (b) 1. of the statutes is renumbered 48.623 (1) (b) 1.
2(intro.) and amended to read:
AB339,2,33 48.623 (1) (b) 1. (intro.) The guardian is a any of the following:
AB339,2,4 4a. A relative of the child or is a .
AB339,2,8 5b. A person who has a significant emotional relationship with the child or the
6child's family
and who, prior to the child's placement in out-of-home care, had an
7existing relationship with the child or the child's family that is similar to a familial
8relationship.
AB339,2 9Section 2. 48.623 (1) (b) 1. c. of the statutes is created to read:
AB339,2,1310 48.623 (1) (b) 1. c. Subject to the rules promulgated under sub. (7) (d), a person
11who has a significant emotional relationship with the child or the child's family and
12who, during the child's placement in out-of-home care, developed a relationship
13with the child or the child's family that is similar to a familial relationship.
AB339,3 14Section 3. 48.623 (7) (d) of the statutes is created to read:
AB339,2,1715 48.623 (7) (d) Rules establishing the conditions that must be met in order for
16a person specified in sub. (1) (b) 1. c. to be eligible for monthly subsidized
17guardianship payments under sub. (1).
AB339,4 18Section 4. Nonstatutory provisions.
AB339,3,919 (1) Eligibility conditions for subsidized guardianship payments; emergency
20rules.
Using the procedure under section 227.24 of the statutes, the department of
21children and families may promulgate the rules required under section 48.623 (7) (d)

1of the statutes, as created by this act, for the period before the effective date of the
2permanent rules promulgated under section 48.623 (7) (d) of the statutes, as created
3by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the
4statutes, subject to extension under section 227.24 (2) of the statutes.
5Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
6is not required to provide evidence that promulgating a rule under this subsection
7as an emergency rule is necessary for the preservation of the public peace, health,
8safety, or welfare and is not required to provide a finding of emergency for a rule
9promulgated under this subsection.
AB339,3,1010 (End)
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