Comparison: In contrast, no such agreement must be entered into before
kinship care payments are made.
Annual Review. In contrast to the kinship care program, the long-term kinship
care program does not require an annual review by the county department to determine
whether all prerequisite conditions continue to exist. The bill, however, does require an
annual determination by the county department that none of the events relating to the
child's status which trigger termination of long-term kinship care payments, as
described above, has occurred.
Criminal Record. As discussed above, the county department must conduct a
criminal background investigation of the long-term kinship care relative, the employes
and prospective employes of the long-term kinship care relative who have or would have
regular contact with the child and any other adult resident of the long-term kinship care
relative's home to determine if any of these persons has any arrests or convictions that
are likely to adversely affect the child or the kinship care relative's ability to care for the
child. If the investigation reveals that 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 included in the record is not likely
to adversely affect the child or the long-term kinship care relative's ability to care for the
child.
Comparison: As discussed above, 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 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, as described above, the director of the county department makes an
individualized determination with respect to long-term kinship care
payments.
Assignment of Child Support. If long-term kinship care payments are made with
respect to a child, the county department must refer the name of the child's parent or
parents to the IV-D attorney. When a long-term kinship care relative applies for or
receives long-term kinship care payments, any right of the child or the child's parent to
support or maintenance from any other person, including any right to unpaid amounts
accrued at the time of application and any right to amounts accruing during the time that
long-term kinship care payments are made, is assigned to the state. If a child who is the
beneficiary of support under a judgment or order that includes support for one or more
children for whom long-term kinship care payments are not being made, the assignment
is for the amount that is the proportionate share of the child for whom long-term kinship
care payments are being made, except as otherwise ordered by the court on the motion
of a party. In addition, the county department must require the parent or parents of the
child for whom long-term kinship care payments are being made to either initiate or
continue health insurance coverage for the child. DHFS must determine whether the
child is eligible for MA.
Comparison: The same provisions apply with respect to kinship care
payments.
Administration and Appropriations. Like the kinship care program, the
long-term kinship care program is to be administered by county departments, and DHFS
may enter into an agreement with an Indian tribe or band to administer the long-term
kinship care program within the boundaries of its reservation. In addition, the bill
permits DHFS to enter into an agreement with an Indian band to administer the
long-term kinship care program within the boundaries of its reservation.
The bill provides that county departments are to make long-term kinship care
payments from the same appropriation that is used for kinship care payments. Thus, the
bill provides that DHFS must reimburse counties for long-term kinship care payments
from its community aids appropriations, unless the 1997-99 biennial budget bill passes
and creates an appropriation for foster care, kinship care and aid to minor custodial
parents and an appropriation for kinship care payments from an appropriation for
interagency and intra-agency aids specific to kinship care which has money transferred
to it from the federal block grant under the TANF program. If the latter occurs, the bill
provides that the appropriations created in the biennial budget act for kinship care
payments are expanded to include long-term kinship care payments.
AMENDMENTS TO MISCELLANEOUS STATUTES
The bill amends various statutes which currently refer to the kinship care program
under s. 48.57 (3m), stats., by adding parallel language to also refer to the long-term
kinship care program under s. 48.57 (3n), stats., as created by this bill. Those changes
are briefly described in the Notes following various
Sections of the bill.
Note: The bill does not change the amounts of these appropriations as set forth in
Assembly Substitute Amendment 1 to 1997 Assembly Bill 100, but does authorize
moneys from these appropriations to be expended for long-term kinship care payments
as well as for kinship care payments.
AB602, s. 2
1Section
2. 20.435 (3) (cz) of the statutes, as created by 1997 Wisconsin Act ....
2(Assembly Bill 100), is repealed and recreated to read:
AB602,8,83
20.435
(3) (cz)
Foster care services, kinship care, long-term kinship care and aid
4to minor custodial parents. The amounts in the schedule for the cost of foster care
5and treatment foster care provided by nonlegally responsible relatives under s.
646.261 (2) (a) 3. or 4., for kinship care payments under s. 48.57 (3m), for long-term
7kinship care payments under s. 48.57 (3n) and for aid to minor custodial parents
8under s. 46.261 (2) (a) 1.
Note: Repeals and recreates the appropriation proposed for creation in the
biennial budget bill for foster care, kinship care and aid to minor custodial parents so that
the appropriation also includes long-term kinship care payments. The Nonstatutory
provisions of this bill provide that if the biennial budget act does not create s. 20.435 (3)
(cz), stats., and the schedule entry for that appropriation, then this provision is void. (In
that case, the bill provides that the appropriations from which kinship care payments are
made under current law would also be used for long-term kinship care payments.)
AB602, s. 3
9Section
3. 20.435 (3) (kc) of the statutes, as created by 1997 Wisconsin Act ....
10(Assembly Bill 100), is repealed and recreated to read:
AB602,8,1611
20.435
(3) (kc)
Interagency and intra-agency aids; kinship care and long-term
12kinship care. The amounts in the schedule for payments under s. 48.57 (3m) and (3n).
13All moneys transferred from the appropriation account under s. 20.445 (3) (md) to
14this appropriation account shall be credited to this appropriation account.
15Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year
16is transferred to the appropriation account under s. 20.445 (3) (ky).
Note: Repeals and recreates the appropriation proposed for creation in the
biennial budget bill for kinship care payments so that the appropriation also includes
long-term kinship care payments. The Nonstatutory provisions of this bill provide that
if the biennial budget act does not create s. 20.435 (3) (kc), stats., and the schedule entry
for that appropriation, then this provision is void. (In that case, the bill provides that the
appropriations from which kinship care payments are made under current law would also
be used for long-term kinship care payments.)
AB602, s. 4
17Section
4. 20.435 (3) (kd) of the statutes, as created by 1997 Wisconsin Act ....
18(Assembly Bill 100), is repealed and recreated to read:
AB602,9,9
120.435
(3) (kd)
Kinship care and long-term kinship care assessments. The
2amounts in the schedule for assessments of kinship care relatives, as defined in s.
348.57 (3m) (a), and long-term kinship care relatives, as defined in s. 48.57 (3n) (a),
4who provide care and maintenance for children to determine if those kinship care
5relatives and long-term kinship care relatives are eligible to receive payments under
6s. 48.57 (3m) or (3n). All moneys transferred from the appropriation account under
7s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation
8account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30
9of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
Note: Repeals and recreates the appropriation proposed for creation in the
biennial budget bill for kinship care assessments so that the appropriation also includes
long-term kinship care assessments. The Nonstatutory provisions of this bill provide
that if the biennial budget act does not create s. 20.435 (3) (kd), stats., and the schedule
entry for that appropriation, then this provision is void.
AB602, s. 5
10Section
5. 48.57 (3m) (am) 4m. of the statutes is amended to read:
AB602,9,1711
48.57
(3m) (am) 4m. Subject to sub. (3p) (fm)
1. and 2., the kinship care relative
12states that he or she does not have any arrests or convictions that could adversely
13affect the child or the kinship care relative's ability to care for the child and that no
14adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of
15the kinship care relative who would have regular contact with the child has any
16arrests or convictions that could adversely affect the child or the kinship care
17relative's ability to care for the child.
Note: Reflects the creation of other subdivisions in s. 48.57 (3p) (fm), stats., by this
bill.
AB602, s. 6
18Section
6. 48.57 (3m) (am) 5m. of the statutes is created to read:
AB602,9,2019
48.57
(3m) (am) 5m. The kinship care relative is not receiving payments under
20sub. (3n) with respect to the child.
Note: Adds, as a condition for the receipt of kinship care payments, a requirement
that the kinship care relative not be receiving long-term kinship care payments with
respect to the child.
AB602, s. 7
1Section
7. 48.57 (3m) (cm) of the statutes is amended to read:
AB602,10,42
48.57
(3m) (cm) A kinship care relative who receives a payment under par. (am)
3for providing care and maintenance for a child is not eligible to receive a payment
4under
sub. (3n) or s. 48.62 (4)
for that child.
Note: Provides that a kinship care relative who receives a kinship care payment
for providing care and maintenance for a child is not eligible to receive a long-term
kinship care payment for that child.
AB602, s. 8
5Section
8
. 48.57 (3n) of the statutes is created to read:
AB602,10,116
48.57
(3n) (a) In this subsection, "long-term kinship care relative" means a
7stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt,
8uncle or any person of a preceding generation as denoted by the prefix of grand, great
9or great-great, whether by consanguinity, direct affinity or legal adoption, or the
10spouse of any person named in this paragraph, even if the marriage is terminated
11by death or divorce.
AB602,10,1612
(am) From the appropriations under s. 20.435 (7) (b) and (o), the department
13shall reimburse counties for payments made under this subsection. A county
14department shall make monthly payments for each child in the amount specified in
15sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and
16maintenance for that child if all of the following conditions are met:
AB602,10,1917
1. The long-term kinship care relative applies to the county department for
18payments under this subsection and provides proof that he or she has been appointed
19as the guardian of the child under s. 48.977 (2).
AB602,11,220
2. The county department inspects the long-term kinship care relative's home,
21interviews the long-term kinship care relative and determines that long-term
1placement with the long-term kinship care relative is in the best interests of the
2child.
AB602,11,103
4. The county department conducts a background investigation under sub. (3p)
4of the long-term kinship care relative, the employes and prospective employes of the
5long-term kinship care relative who have or would have regular contact with the
6child for whom the payments would be made and any other adult resident, as defined
7in sub. (3p) (a), of the long-term kinship care relative's home to determine if the
8long-term kinship care relative, employe, prospective employe or adult resident has
9any arrests or convictions that are likely to adversely affect the child or the
10long-term kinship care relative's ability to care for the child.
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: