LRBa1328/2
GMM:mfd:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1997 ASSEMBLY BILL 602
January 8, 1998 - Offered by
Committee on Children and Families.
AB602-AA1,1,116
20.435
(3) (cz) (title)
Foster care services, kinship care, long-term kinship care
7and aid to minor custodial parents. The amounts in the schedule for the cost of foster
8care and treatment foster care provided by nonlegally responsible relatives under s.
946.261 (2) (a) 3. or 4., for kinship care payments under s. 48.57 (3m)
, for long-term
10kinship care payments under s. 48.57 (3n) and for aid to minor custodial parents
11under s. 46.261 (2) (a) 1.
AB602-AA1,2,6
120.435
(3) (kc) (title)
Interagency and intra-agency aids; kinship care and
2long-term kinship care. The amounts in the schedule for payments under s. 48.57
3(3m)
and (3n). All moneys transferred from the appropriation account under s.
420.445 (3) (md) to this appropriation account shall be credited to this appropriation
5account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30
6of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
AB602-AA1,2,179
20.435
(3) (kd) (title)
Kinship care
and long-term kinship care assessments. 10The amounts in the schedule for assessments of kinship care relatives, as defined in
11s. 48.57 (3m) (a),
and long-term kinship care relatives, as defined in s. 48.57 (3n) (a), 12who provide care and maintenance for children to determine if those kinship care
13relatives
and long-term kinship care relatives are eligible to receive payments under
14s. 48.57 (3m)
or (3n). All moneys transferred from the appropriation account under
15s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation
16account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30
17of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
AB602-AA1,3,320
20.445
(3) (r)
Support receipt and disbursement program; payments. From the
21support collections trust fund, all moneys received under ss. 767.265 and 767.29 for
22child or family support, maintenance, spousal support, health care expenses or birth
23expenses, and all other moneys received under judgments or orders in actions
24affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for
25whom the payments are awarded and for transfer to the appropriation account under
1par. (k) if assigned under s. 46.261, 48.57 (3m) (b) 2.
or (3n) (b) 2., 49.145 (2) (s), 49.19
2(4) (h) 1. b. or 49.775 (2) (bm). Estimated disbursements under this paragraph shall
3not be included in the schedule under s. 20.005.
AB602-AA1,3,76
48.48
(17) (a) 10. Administer kinship care
and long-term kinship care as
7provided in s. 48.57 (3m)
, (3n) and (3p).".
AB602-AA1,3,16
9"(am) From the appropriations under s. 20.435 (3) (cz) and (kc), the department
10shall reimburse counties having populations of less than 500,000 for payments made
11under this subsection and shall make payments under this subsection in a county
12having a population of 500,000 or more. A county department and, in a county
13having a population of 500,000 or more, the department shall make monthly
14payments for each child in the amount specified in sub. (3m) (am) (intro.) to a
15long-term kinship care relative who is providing care and maintenance for that child
16if all of the following conditions are met:".
AB602-AA1,3,24
22"5r. The child for whom the long-term kinship care relative is providing care
23and maintenance is not receiving supplemental security income under
42 USC 1381 24to
1383c or state supplemental payments under s. 49.77.
AB602-AA1,4,2
16. The long-term kinship care relative and the county department or
2department enter into a".
AB602-AA1,4,6
510. Page 12, line 14: delete "(h), a county" and substitute "(hm), a county
6department or, in a county having a population of 500,000 or more, the".
AB602-AA1,4,22
17"(f) Any person whose application for payments under par. (am) is not acted on
18promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5.,
195m. or 5r. has not been met and any person whose payments under par. (am) are
20discontinued under par. (d) may petition the department under par. (g) for a review
21of that action or failure to act. Review is unavailable if the action or failure to act
22arose more than 45 days before submission of the petition for review.
AB602-AA1,5,15
1(g) 1. Upon receipt of a timely petition under par. (f) the department shall give
2the applicant or recipient reasonable notice and an opportunity for a fair hearing.
3The department may make such additional investigation as it considers necessary.
4Notice of the hearing shall be given to the applicant or recipient and to the county
5department or subunit of the department whose action or failure to act is the subject
6of the petition. That county department or subunit of the department may be
7represented at the hearing. The department shall render its decision as soon as
8possible after the hearing and shall send a certified copy of its decision to the
9applicant or recipient and to the county department or subunit of the department
10whose action or failure to act is the subject of the petition. The decision of the
11department shall have the same effect as an order of the county department or
12subunit of the department whose action or failure to act is the subject of the petition.
13The decision shall be final, but may be revoked or modified as altered conditions may
14require. The department shall deny a petition for review or shall refuse to grant
15relief if any of the following applies:
AB602-AA1,5,1616
a. The petitioner withdraws the petition in writing.
AB602-AA1,5,1917
b. The sole issue in the petition concerns an automatic payment adjustment or
18change that affects an entire class of recipients and is the result of a change in state
19law.
AB602-AA1,5,2220
c. The petitioner abandons the petition. Abandonment occurs if the petitioner
21fails to appear in person or by a representative at a scheduled hearing without good
22cause, as determined by the department.
AB602-AA1,6,723
2. If a recipient requests a hearing within 10 days after the date of notice that
24his or her payments under par. (am) are being discontinued, those payments may not
25be discontinued until a decision is rendered after the hearing but payments made
1pending the hearing decision may be recovered by the department if the contested
2action or failure to act is upheld. The department shall promptly notify the county
3department of the county in which the recipient resides or, if the recipient resides in
4a county having a population of 500,000 or more, the subunit of the department
5administering of the long-term kinship care program in that county that the
6recipient has requested a hearing. Payments under par. (am) shall be discontinued
7if any of the following applies:
AB602-AA1,6,98
a. The recipient is contesting a state law or a change in state law and not the
9determination of the payment made on the recipient's behalf.
AB602-AA1,6,1210
b. The recipient is notified of a change in his or her payments under par. (am)
11while the hearing decision is pending but the recipient fails to request a hearing on
12the change.
AB602-AA1,6,1413
3. The recipient shall be promptly informed in writing if his or her payments
14under par. (am) are to be discontinued pending the hearing decision.".
AB602-AA1,6,2320
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m)
21or (3n), the county department or, in a county having a population of 500,000 or more,
22the department of health and family services, with the assistance of the department
23of justice, shall conduct a background investigation of the applicant.".
AB602-AA1,7,2
121. Page 14, line 15: after "county department" insert "or, in a county having
2a population of 500,000 or more, the department of health and family services".
