AB602: Bill Text

Annual Review. Under current law, the county department must review the placement of a child for whom kinship care payments are being made at least every 12 months to determine whether the required conditions described above continue to exist [s. 48.57 (3m) (d), stats.].

Criminal Record. As discussed above, the county department must conduct a criminal background investigation of the kinship care relative, the employes and prospective employes of the 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 of the kinship care relative's home to determine if the kinship care relative or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

Kinship care payments may not be made if any of the following persons have been convicted of certain crimes which are specified in s. 48.57 (3p) (g) 1. to 3., stats.: 1) a person applying for kinship care payments; 2) a person permitted to be an adult resident in the home of a kinship care relative; or 3) a person employed by the kinship care relative in a position in which that employe would have regular contact with the child [s. 48.57 (3p), stats.].

Assignment of Child Support. If 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 attorney responsible for support enforcement (IV-D attorney). When any kinship care relative applies for or receives 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 kinship care payments are made, 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 for whom kinship care payments are not being made, the assignment is for the amount that is the proportionate share of the child for whom 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 kinship care payments are being made to either initiate or continue health insurance coverage for the child. The department of health and family services (DHFS) must determine whether the child is eligible for medical assistance (MA).

Administration and Appropriations. Under current law, county departments are responsible for making kinship care payments. Also, under current law, DHFS may enter into an agreement with the governing body of a federally recognized American Indian tribe (Indian tribe) to administer the kinship care program within the boundaries of its reservation [s. 48.57 (3t), stats.]. This bill permits DHFS to enter into an agreement with the governing body of a federally recognized American Indian band (Indian band) to administer the kinship care program within the boundaries of its reservation.

Under current law, DHFS must reimburse counties for kinship care payments from its community aids appropriations. (The 1997-99 biennial budget bill (1997 Assembly Bill 100)) proposes that DHFS reimburse counties for kinship care payments from an appropriation for foster care, kinship care and aid to minor custodial parents and 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 federal temporary assistance to needy families (TANF) program.)

LONG-TERM KINSHIP CARE PROGRAM

This bill creates a long-term kinship care program that is similar to the current kinship care program. The significant differences in the programs are noted below following the description of each component of the long-term kinship care program, under the heading "Comparison". The components of the long-term kinship care program are as follows:

Definition of a Long-Term Kinship Care Relative; Payment Amount. The definition of a "long-term kinship care relative" includes the same relatives of a child that are included in the definition of a "kinship care relative".

Monthly long-term kinship care payments are to be made at the same rate as the kinship care rate, which is currently set at $215 per month.

Required Conditions for Receipt of Payments. Long-term kinship care payments may be made only if all of the following conditions are met:

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

Under current law, a relative may be appointed as a child's guardian under s. 48.977 (2), stats., only if the court assigned to exercise jurisdiction under chs. 48 and 938 (juvenile court) finds all of the following: a) that the child has been adjudged CHIPS (other than CHIPS on the basis of not being immunized) or has been adjudged JIPS under s. 938.13 (4), stats., (the juvenile's parent or guardian has requested JIPS jurisdiction and is unable or needs assistance to control the juvenile) and has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under a CHIPS or JIPS dispositional order, a CHIPS or JIPS change in placement order, a CHIPS or JIPS revision order or a CHIPS or JIPS extension order for a cumulative total period of one year or longer; b) that the person nominated as the guardian of the child is a relative of the child with whom the child has been placed and that it is likely that the child will continue to be placed with that relative for an extended period of time or until the child attains the age of 18 years; c) that, if appointed, it is likely that the relative would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years; d) that it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child; e) that the child's parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian; and f) that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child.

Comparison: In contrast, kinship care payments may be made if the county department determines, in pertinent part, that the child meets any CHIPS or JIPS jurisdictional criteria or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home. There is no requirement that the kinship care relative be appointed as the child's guardian under s. 48.977, stats.

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.

Comparison: In contrast, kinship care payments may be made if the county department determines, in pertinent part, that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child. There is no statutory requirement that an inspection of the kinship care relative's home be made or that an interview with the kinship care relative be conducted.

3. The county department conducts a criminal background investigation under s. 48.57 (3p), stats., 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 long-term kinship care relative's ability to care for the child.

Comparison: The same background investigation is required before kinship care payments may be made, except that the kinship care provision refers to a determination as to whether any arrests or convictions could (rather than are likely to) adversely affect the child or the kinship care relative's ability to care for the child. In addition, current law refers only to a determination regarding the kinship care relative and any adult residents and not to a determination regarding any employes or prospective employes. The 1997-99 biennial budget bill adds employes and prospective employes to this determination.

4. Subject to s. 48.57 (3p) (fm) 1m. and 2m., stats., as created by the bill, which are explained below under "Criminal Record", 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 s. 48.57 (3p) (a), stats., 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.

Comparison: A similar requirement applies to a kinship care relative, although the kinship care provision does not include the limitation that the statement about employes, prospective employes and adult residents is to the best of the kinship care relative's knowledge.

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.

Comparison: The same requirement applies before kinship care payments are made.

6. The long-term kinship care relative is not receiving kinship care payments with respect to the child.

Comparison: The bill creates a similar requirement for kinship care. Under the bill, a kinship care relative who is receiving kinship care payments with respect to a child may not at the same time also receive long-term kinship care payments with respect to the child. The bill, however, does not preclude a person who is receiving kinship care payments for a child from being reclassified as a long-term kinship care relative for that child to begin receiving long-term kinship care payments instead of kinship care payments for that child.

7. 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 to make monthly payments to the long-term kinship care relative at the kinship care rate until the earliest of the following: a) the child attains the age of 18 years; b) the child dies; c) 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, stats.; d) the child ceases to reside with the long-term kinship care relative; e) the long-term kinship care relative's guardianship under s. 48.977, stats., terminates; or f) the child moves out of the state.

The bill provides that the agreement is subject to the provisions discussed below which prohibit making long-term kinship care payments to a person if the person has any arrest or conviction that the director of the county department determines is likely to adversely affect the child or the person's ability to care for the child or if the person employs an individual in a position in which that individual would have regular contact with the child or permits an individual to be an adult resident if the individual has such a record. Thus, if, for example, a person has no record of conviction at the time long-term kinship care payments are approved and later is convicted of a crime 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, then long-term kinship care payments must be discontinued.

Subject to the provisions relating to criminal background investigations and to conviction records, a county department must enter into an agreement with a long-term kinship care relative if: a) the required conditions for receipt of payments described in items 1. to 6., above, are met; and b) the long-term kinship care relative has expressed a willingness to enter into the agreement.

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.

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).