Amendment ASA1-AB133

AB133-ASA1, s. 1130 Section 1130. 48.02 (6) of the statutes is amended to read:

AB133-ASA1,645,22 48.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.

AB133-ASA1, s. 1131g Section 1131g. 48.235 (8) (c) 1. of the statutes is amended to read:

AB133-ASA1,646,3 48.235 (8) (c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833 (1), the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

AB133-ASA1, s. 1131k Section 1131k. 48.38 (4) (d) of the statutes is amended to read:

AB133-ASA1,646,11 48.38 (4) (d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate or documentation that placement more than 60 miles from the child's home is in the child's best interests. The placement of a child in a licensed foster home or a licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided which that shows all any of the following:

AB133-ASA1,646,13 1. That the placement is made pursuant to a voluntary agreement under s. 48.63 (1).

AB133-ASA1,646,15 2. That, that the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.

AB133-ASA1,646,17 3. That and that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) or 48.837.

AB133-ASA1, s. 1131L Section 1131L. 48.38 (4) (d) 1m. of the statutes is created to read:

AB133-ASA1,646,25 48.38 (4) (d) 1m. That the placement is of a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), that the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 (1) and that the department, county department or child welfare agency making the placement has determined under s. 48.833 (3) that consideration of the location of the proposed adoptive parent's residence is not necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs.

AB133-ASA1, s. 1131m Section 1131m. 48.38 (4) (dm) of the statutes is created to read:

AB133-ASA1,647,9 48.38 (4) (dm) In the case of a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), who is placed to facilitate the anticipated adoptive placement of the child under s. 48.833 (1), if the department, county department or child welfare agency making the placement has determined under s. 48.833 (3) that consideration of the location of the proposed adoptive parent's residence is necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs, documentation showing the reasons why that consideration is necessary.

AB133-ASA1, s. 1131r Section 1131r. 48.434 (2) of the statutes is amended to read:

AB133-ASA1,647,15 48.434 (2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the birth parent's identity and location to one or both adoptive parents of the child.

AB133-ASA1, s. 1131s Section 1131s. 48.434 (3) of the statutes is amended to read:

AB133-ASA1,647,21 48.434 (3) Any adoptive parent of a child may file with the agency that placed the child for adoption under s. 48.833 (1) or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for the agency to release any available information about the adoptive parent's identity and location to one or both birth parents of the child.

AB133-ASA1, s. 1135 Section 1135. 48.55 (title) of the statutes is amended to read:

AB133-ASA1,647,24 48.55 (title) State adoption information exchange and state adoption center.

AB133-ASA1, s. 1136 Section 1136. 48.55 of the statutes is renumbered 48.55 (1) and amended to read:

AB133-ASA1,648,11 48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $75,000 $125,000 in each fiscal year as grants to individuals and private agencies for to provide adoption information exchange services and to operate the state adoption center.

AB133-ASA1, s. 1137 Section 1137. 48.551 (title) and (1) of the statutes are repealed.

AB133-ASA1, s. 1138 Section 1138. 48.551 (2) (intro.) of the statutes is renumbered 48.55 (2) (intro.) and amended to read:

AB133-ASA1,648,18 48.55 (2) (intro.) The department shall promulgate rules governing the adoption information exchange and rules specifying the functions of the state adoption center, which. The rules specifying the functions of the state adoption center shall include all of the following:

AB133-ASA1, s. 1139 Section 1139. 48.551 (2) (a), (b), (c), (d) and (e) of the statutes are renumbered 48.55 (2) (a), (b), (c), (d) and (e).

AB133-ASA1, s. 1140 Section 1140. 48.561 (3) (b) of the statutes is amended to read:

AB133-ASA1,649,13 48.561 (3) (b) The department of administration and a county having a population of 500,000 or more shall consult to determine the method by which the state will shall collect the amount specified in par. (a). If the department of administration and from a county having a population of 500,000 or more reach an agreement as to that method and if that agreement calls for by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 or 79.08 or for adding a special charge to the amount of taxes apportioned to and levied on that county under s. 70.60, the. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from those the state payments due or to be added as that special charge. If the department of administration and a county having a population of 500,000 or more do not reach an agreement as to that method by September 15 of each year, the department of administration shall determine that method without the agreement of that county under s. 79.03, 79.04, 79.058, 79.06 or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.

AB133-ASA1, s. 1141d Section 1141d. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB133-ASA1,649,21 48.57 (3m) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB133-ASA1, s. 1143d Section 1143d. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB133-ASA1,650,5 48.57 (3n) (am) (intro.) From the appropriations appropriation under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the 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:

AB133-ASA1, s. 1147 Section 1147. 48.60 (2) (h) of the statutes is repealed.

AB133-ASA1, s. 1148 Section 1148. 48.62 (1) (a) of the statutes is amended to read:

AB133-ASA1,650,14 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.

AB133-ASA1, s. 1148g Section 1148g. 48.62 (4) of the statutes is amended to read:

AB133-ASA1,651,2 48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1998 2000, the age-related rates are: $289 $299 for children aged 4 and under; $315 $326 for children aged 5 to 11; $358 $371 for children aged 12 to 14 and $374 $387 for children aged 15 to 17. Beginning on January 1, 1999 2001, the age-related rates are: $296 $302 for children aged 4 and under; $323 $329 for children aged 5 to 11; $367 $375 for children aged 12 to 14; and $383 $391 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.

AB133-ASA1, s. 1148m Section 1148m. 48.63 (3) of the statutes is amended to read:

AB133-ASA1,651,6 48.63 (3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under ss. 48.833 (1), 48.835, 48.837 and 48.839.

AB133-ASA1, s. 1148p Section 1148p. 48.64 (1m) of the statutes is amended to read:

AB133-ASA1,651,25 48.64 (1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833 (1), unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.

AB133-ASA1, s. 1160d Section 1160d. 48.685 (1) (bg) of the statutes is amended to read:

AB133-ASA1,652,4 48.685 (1) (bg) "Foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB133-ASA1, s. 1160g Section 1160g. 48.685 (1) (d) of the statutes is amended to read:

AB133-ASA1,652,8 48.685 (1) (d) "Treatment foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB133-ASA1, s. 1171 Section 1171. 48.685 (2) (bm) of the statutes is amended to read:

AB133-ASA1,652,16 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

AB133-ASA1, s. 1181 Section 1181. 48.685 (8) of the statutes is amended to read:

AB133-ASA1,652,24 48.685 (8) The department, a county department, a child welfare agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB133-ASA1, s. 1189p Section 1189p. 48.75 (1g) (a) 4. of the statutes is amended to read:

AB133-ASA1,653,3 48.75 (1g) (a) 4. The county of the public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under s. 48.833 (1), 48.835 or 48.837.

AB133-ASA1, s. 1191 Section 1191. 48.825 (3) (b) of the statutes is amended to read:

AB133-ASA1,653,6 48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.

AB133-ASA1, s. 1192 Section 1192. 48.825 (3) (c) of the statutes is repealed.

AB133-ASA1, s. 1192g Section 1192g. 48.833 of the statutes is renumbered 48.833 (1) and amended to read:

AB133-ASA1,653,15 48.833 (1) Adoptive placement. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child.

AB133-ASA1,653,21 (2) Consideration of placement with relative. Before placing a child for adoption under this subsection sub. (1), the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or child welfare agency.

AB133-ASA1,654,2 (4) Written agreement. When a child is placed under this section sub. (1) in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

AB133-ASA1, s. 1192j Section 1192j. 48.833 (3) of the statutes is created to read:

AB133-ASA1,654,21 48.833 (3) Child with special needs. In placing a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), for adoption under sub. (1), the department, county department or child welfare agency making the placement may not consider the location of a proposed adoptive parent's residence as a factor in making that placement unless the department, county department or child welfare agency determines that consideration of that factor is necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs. If the department, county department or child welfare agency considers the location of a prospective adoptive parent's residence as a factor in placing a child with special needs, the department, county department or child welfare agency shall document the reasons why that consideration is necessary in the child's permanency plan as provided in s. 48.38 (4) (dm). If the department, county department or child welfare agency does not consider the location of a prospective adoptive parent's residence as a factor in placing a child with special needs and the child is placed more than 60 miles from the child's home, the department, county department or child welfare agency shall document the reasons why that consideration is not necessary in the child's permanency plan as provided in s. 48.38 (4) (d) 1m.

AB133-ASA1, s. 1192m Section 1192m. 48.913 (2) (c) 3. of the statutes is amended to read:

AB133-ASA1,654,25 48.913 (2) (c) 3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under s. 48.833 (1).

AB133-ASA1, s. 1199d Section 1199d. 48.982 (2) (d) of the statutes is amended to read:

AB133-ASA1,655,8 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph , other than moneys received under s. 341.14 (6r) (b) 6., may be deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys Interest earned on moneys received under s. 341.14 (6r) (b) 6. may be credited to the appropriation accounts under s. 20.433 (1) (q) or (r).

AB133-ASA1, s. 1200d Section 1200d. 48.982 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1,655,14 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6. and appropriated under s. 20.433 (1) (q) or (r), the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB133-ASA1, s. 1201 Section 1201. 48.985 (2) of the statutes is amended to read:

AB133-ASA1,655,23 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 $3,964,400 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

AB133-ASA1, s. 1203 Section 1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB133-ASA1,656,4 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (4) (bt), an amount for that year determined as follows:

AB133-ASA1, s. 1204 Section 1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:

AB133-ASA1,656,11 49.025 (2) (a) 1. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under s. 20.435 (4) (h).

AB133-ASA1, s. 1205 Section 1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB133-ASA1,656,16 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (bu) (4) (bt), an amount for that year determined as follows:

AB133-ASA1, s. 1206 Section 1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB133-ASA1,656,20 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (5) (bu) (4) (bt) for relief block grants for that year.

AB133-ASA1, s. 1207 Section 1207. 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,657,5 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (bs) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB133-ASA1, s. 1209 Section 1209. 49.124 (1g) (a) of the statutes is amended to read:

AB133-ASA1,657,16 49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB133-ASA1, s. 1209q Section 1209q. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1,657,21 49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

AB133-ASA1, s. 1211d Section 1211d. 49.136 (2) (b) of the statutes is amended to read:

AB133-ASA1,658,4 49.136 (2) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).

AB133-ASA1, s. 1213 Section 1213. 49.1375 of the statutes is created to read:

AB133-ASA1,658,14 49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

AB133-ASA1,658,22 (2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

AB133-ASA1, s. 1213g Section 1213g. 49.138 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1,659,14 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

AB133-ASA1, s. 1213h Section 1213h. 49.138 (1m) (am) of the statutes is created to read: