AB602: Bill Text

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.

AB602, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table

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 Section 2. 20.435 (3) (cz) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 100), is repealed and recreated to read:

AB602,8,8 20.435 (3) (cz) Foster care services, kinship care, long-term kinship care and aid to minor custodial parents. The amounts in the schedule for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under s. 46.261 (2) (a) 3. or 4., for kinship care payments under s. 48.57 (3m), for long-term kinship care payments under s. 48.57 (3n) and for aid to minor custodial parents under 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 Section 3. 20.435 (3) (kc) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 100), is repealed and recreated to read:

AB602,8,16 20.435 (3) (kc) Interagency and intra-agency aids; kinship care and long-term kinship care. The amounts in the schedule for payments under s. 48.57 (3m) and (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of 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 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 Section 4. 20.435 (3) (kd) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 100), is repealed and recreated to read:

AB602,9,9 20.435 (3) (kd) Kinship care and long-term kinship care assessments. The amounts in the schedule for assessments of kinship care relatives, as defined in s. 48.57 (3m) (a), and long-term kinship care relatives, as defined in s. 48.57 (3n) (a), who provide care and maintenance for children to determine if those kinship care relatives and long-term kinship care relatives are eligible to receive payments under s. 48.57 (3m) or (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of 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 Section 5. 48.57 (3m) (am) 4m. of the statutes is amended to read:

AB602,9,17 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative'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 Section 6. 48.57 (3m) (am) 5m. of the statutes is created to read:

AB602,9,20 48.57 (3m) (am) 5m. The kinship care relative is not receiving payments under sub. (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 Section 7. 48.57 (3m) (cm) of the statutes is amended to read:

AB602,10,4 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under 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 Section 8 . 48.57 (3n) of the statutes is created to read:

AB602,10,11 48.57 (3n) (a) In this subsection, "long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.

AB602,10,16 (am) From the appropriations under s. 20.435 (7) (b) and (o), the department shall reimburse counties for payments made under this subsection. A county 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:

AB602,10,19 1. The long-term kinship care relative applies to the county department for payments under this subsection and provides proof that he or she has been appointed as the guardian of the child under s. 48.977 (2).

AB602,11,2 2. The county department inspects the long-term kinship care relative's home, interviews the long-term kinship care relative and determines that long-term placement with the long-term kinship care relative is in the best interests of the child.

AB602,11,10 4. The county department conducts a background investigation under sub. (3p) 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 for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a), of the long-term kinship care relative's home to determine if the long-term kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

AB602,11,18 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child and that, to the best of the long-term kinship care relative's knowledge, no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the long-term kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative's ability to care for the child.

AB602,11,21 5. The long-term kinship care relative cooperates with the county department in the application process, including applying for other forms of assistance for which the long-term kinship care relative may be eligible.

AB602,11,23 5m. The long-term kinship care relative is not receiving payments under sub. (3m) with respect to the child.

AB602,12,4 6. The county department and long-term kinship care relative enter into a written agreement under which the long-term kinship care relative agrees to provide care and maintenance for the child and the county department agrees, subject to sub. (3p) (h), to make monthly payments to the long-term kinship care relative at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:

AB602,12,5 a. The date on which the child attains the age of 18 years.

AB602,12,6 b. The date on which the child dies.

AB602,12,8 c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under s. 48.63.

AB602,12,10 d. The date on which the child ceases to reside with the long-term kinship care relative.

AB602,12,12 e. The date on which the long-term kinship care's guardianship under s. 48.977 terminates.

AB602,12,13 f. The date on which the child moves out of the state.

AB602,12,15 (ar) Subject to sub. (3p) (fm) 1m. and (h), a county department shall enter into an agreement under par. (am) 6. if all of the following conditions are met:

AB602,12,16 1. All of the conditions in par. (am) 1. to 5m. are met.

AB602,12,17 2. The applicant has expressed a willingness to enter into the agreement.

AB602,12,20 (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB602,13,6 2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, 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 payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB602,13,9 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB602,13,12 (cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) for that child.

AB602,13,16 (d) The county department shall, at least once every 12 months after the county department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department shall discontinue making those payments.

AB602,13,18 (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

Note: Creates the long-term kinship care program described above in the Prefatory note.

AB602, s. 9 Section 9. 48.57 (3n) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB602,14,3 48.57 (3n) (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o) (3) (cz) and (kc), the department shall reimburse counties for payments made under this subsection. A county 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:

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 Section 10 . 48.57 (3p) (a) of the statutes is amended to read:

AB602,14,9 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home 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 Section 11 . 48.57 (3p) (b) 1. of the statutes is amended to read:

AB602,14,13 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department, with the assistance of the department of justice, shall conduct 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 Section 12. 48.57 (3p) (b) 3. of the statutes is created to read:

AB602,15,2 48.57 (3p) (b) 3. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department considers to be appropriate.

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 Section 13. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB602,15,9 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and 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 Section 14. 48.57 (3p) (c) 2m. of the statutes is created to read:

AB602,15,16 48.57 (3p) (c) 2m. The county department, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department considers 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 Section 15. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB602,16,7 48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated 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 Section 16 . 48.57 (3p) (fm) 1m. of the statutes is created to read:

AB602,16,22 48.57 (3p) (fm) 1m. The county department may not enter into the agreement under sub. (3n) (am) 6. unless that county department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child. The county department may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

Note: See the Note following Section 18.

AB602, s. 17 Section 17. 48.57 (3p) (fm) 2m. of the statutes is created to read:

AB602,18,3 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department that, to the best of his or her knowledge, the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child and the county department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department determines is likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

Note: See the Note following the Section 18.

AB602, s. 18 Section 18 . 48.57 (3p) (h) of the statutes is created to read:

AB602,18,11 48.57 (3p) (h) A county department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability 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 Section 19. 48.57 (3t) of the statutes is amended to read:

AB602,19,2 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any such agreement with respect to administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.

Note: Does the following:

1. Amends the provision which allows DHFS to enter into an agreement with an Indian tribe to administer the kinship care program to add a parallel provision for the long-term kinship care program and a parallel provision for an Indian band.

2. Provides that with respect to the long-term kinship care program, the agreement must specify who is to make the decision as to whether a conviction record is satisfactory.

AB602, s. 20 Section 20. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB602,19,7 49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:

Note: Current law provides, in pertinent part, that a kinship care relative who is providing care and maintenance for a child who is under age 13 may be eligible for a Wisconsin works child care subsidy under certain circumstances. This bill adds a parallel provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as created by the bill.

AB602, s. 21 Section 21. 49.22 (6) of the statutes is amended to read: