Amendment SSA1-SB82

Under current law, a guardian of a child has the duty and authority to consent to major medical, psychiatric, and surgical treatment for the child and a legal custodian of a child has the right and duty to provide ordinary medical and dental care for the child. In the absence of guardianship or legal custody, however, a person who resides with a child or provides temporary or permanent care and supervision for a child (caregiver) does not have the authority to consent to health services for the child.

This substitute amendment creates a health services consent form that a parent may use to authorize a caregiver to consent to health services for the parent's child and to consent to the release of the child's patient health care records. Under the substitute amendment, a caregiver designated in a health services consent form has priority over all other individuals, other than a parent who is not currently denied periods of physical placement with the child, to make health care decisions as provided in the health services consent form. A health services consent form remains in effect for the time specified in the form, which may be for up to one year, may be revoked by the parent at any time, and is invalid if the child no longer lives with the caregiver or if the caregiver is no longer providing care and supervision for the child. A health care provider or health care facility is immune from liability for complying with the decision of a caregiver that is made under a health services consent form and for acting contrary to a revocation of a health services consent form or a health services decision of a parent who is not currently denied periods of physical placement with the child, if the health care provider or health care facility does not have actual knowledge of the revocation or parent's decision. Similarly, a caregiver is immune from liability for making a decision in good faith under a health services consent form.

Guardianship and legal custody study

Finally, the substitute amendment requests the Joint Legislative Council to study state laws regarding guardianship and legal custody of children and the rights and responsibilities of guardians and legal custodians of children and, if the Joint Legislative Council conducts that study, to report its findings, conclusions, and recommendations to the legislature by January 1, 2005.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB82-SSA1, s. 1 Section 1. 48.57 (3m) (a) 1. of the statutes is renumbered 48.57 (3m) (a) 1r.

SB82-SSA1, s. 2 Section 2. 48.57 (3m) (a) 1d. of the statutes is created to read:

SB82-SSA1,5,3 48.57 (3m) (a) 1d. "Arrest" has the meaning given in sub. (3p) (a) 2.

SB82-SSA1, s. 3 Section 3. 48.57 (3m) (am) 2. of the statutes is amended to read:

SB82-SSA1,5,11 48.57 (3m) (am) 2. The county department or department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13, 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, or, if the child is 18 years of age or over, that the child would meet or be at risk of meeting one or more of those criteria as specified in this subdivision if the child were under 18 years of age; or the child has been living with the kinship care relative for 2 years or longer.

SB82-SSA1, s. 4 Section 4. 48.57 (3m) (am) 4. of the statutes is amended to read:

SB82-SSA1,6,6 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative, any employee and prospective employee of the kinship care relative who has 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, employee, prospective employee or adult resident has any arrests or convictions that could are likely to adversely affect the child or the kinship care relative's ability to care for the child.

SB82-SSA1, s. 5 Section 5. 48.57 (3m) (am) 4m. of the statutes is amended to read:

SB82-SSA1,6,14 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 are likely to 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 employee or prospective employee of the kinship care relative who would have regular contact with the child has any arrests or convictions that could are likely to adversely affect the child or the kinship care relative's ability to care for the child.

SB82-SSA1, s. 6 Section 6. 48.57 (3m) (d) of the statutes is renumbered 48.57 (3m) (d) (intro.) and amended to read:

SB82-SSA1,7,12 48.57 (3m) (d) (intro.) A county department or, in a county having a population of 500,000 or more, the department shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the kinship care relative is still providing care and maintenance for the child and whether the conditions specified in par. (am) 1. to 6. continue to exist. If those conditions If the kinship care relative is no longer providing care and maintenance for the child, the county department or department shall discontinue making those payments effective immediately upon providing written notice of the discontinuation to the kinship care relative, except that the county department or department may not discontinue making those payments on the grounds that the kinship care relative is no longer providing care and maintenance for the child if the child is outside the home of the kinship care relative for 90 days or less with the intent of returning to the home and if the county department or department has approved that absence from the home. If any of the conditions specified in par. (am) 1. to 6. do not continue to exist, the county department or department shall discontinue making those payments after providing the kinship care relative whose payments are being discontinued with written notice of that discontinuation not less than 10 days before the date on which those payments are to be discontinued. The notice shall advise the kinship care relative of all of the following:

SB82-SSA1, s. 7 Section 7 . 48.57 (3m) (d) 1. to 4. of the statutes are created to read:

SB82-SSA1,7,18 48.57 (3m) (d) 1. That, if the payments are being discontinued on the grounds that the kinship care relative is no longer providing care and maintenance for the child, the kinship care relative may petition the department under par. (g) for a review of that discontinuation by submitting a petition for review within 45 days after the date of the notice of discontinuation.

SB82-SSA1,7,23 2. That, if the payments are being discontinued on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 6. does not continue to exist or based on arrest record, the kinship care relative may petition the department under par. (g) for a review of that discontinuation by submitting a petition for review within 45 days after the date on which those payments are discontinued.

SB82-SSA1,8,2 3. That, if the payments are being discontinued based on conviction record, the kinship care relative may request a review of that discontinuation by submitting a request for review under sub. (3p) (h) 2. within 45 days after the date on which those payments are discontinued.

SB82-SSA1,8,9 4. That, if the kinship care relative submits a petition for review under par. (g) or sub. (3p) (h) within the applicable time limit specified in par. (g) 2., or sub. (3p) (h) 2m., the kinship care relative's payments may not be discontinued, except as provided in par. (g) 2. a. or b. or sub. (3p) (h) 2m. a. or b., until a final decision is rendered on the petition for review, but that payments made pending the decision may be recovered by the county department or department if the discontinuation is upheld.

SB82-SSA1, s. 8 Section 8. 48.57 (3m) (f) of the statutes is amended to read:

SB82-SSA1,8,18 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly within 45 days after receipt of a completed application or is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) 1. or 2. may petition the department under par. (g) for a review of that action or failure to act, denial, or discontinuation. Review is unavailable if the action or failure to act, denial, or discontinuation arose more than 45 days before submission of the petition for review.

SB82-SSA1, s. 9 Section 9. 48.57 (3m) (g) 1. (intro.) of the statutes is amended to read:

SB82-SSA1,9,11 48.57 (3m) (g) 1. (intro.) Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing no later than 30 days after receipt of the petition under par. (f) and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

SB82-SSA1, s. 10 Section 10 . 48.57 (3m) (g) 2. of the statutes is amended to read:

SB82-SSA1,9,25 48.57 (3m) (g) 2. If a recipient whose payments under par. (am) are being discontinued on the grounds that the recipient is no longer providing care and maintenance for the child requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued or if a recipient whose payments under par. (am) are being discontinued on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 6. does not continue to exist or on the grounds of arrest record requests a hearing before the date on which his or her payments under par. (am) are to be discontinued, those payments may not be discontinued, except as provided in subd. 2. a. or b., until a decision is rendered after the hearing, but payments made pending the hearing decision may be recovered by the county department or department if the contested action or failure to act discontinuation is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued pending a hearing decision if any of the following applies:

SB82-SSA1, s. 11 Section 11. 48.57 (3n) (a) 1. of the statutes is renumbered 48.57 (3n) (a) 1r.

SB82-SSA1, s. 12 Section 12. 48.57 (3n) (a) 1d. of the statutes is created to read:

SB82-SSA1,10,7 48.57 (3n) (a) 1d. "Arrest" has the meaning given in sub. (3p) (a) 2.

SB82-SSA1, s. 13 Section 13. 48.57 (3n) (am) 4m. of the statutes is amended to read:

SB82-SSA1,10,17 48.57 (3n) (am) 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 are likely to 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 employee or prospective employee of the long-term kinship care relative who would have regular contact with the child has any arrests or convictions that could are likely to adversely affect the child or the long-term kinship care relative's ability to care for the child.

SB82-SSA1, s. 14 Section 14 . 48.57 (3n) (d) of the statutes is renumbered 48.57 (3n) (d) (intro.) and amended to read:

SB82-SSA1,11,14 48.57 (3n) (d) (intro.) The county department or, in a county having a population of 500,000 or more, the department shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether the conditions specified in par. (am) 1. to 5r. continue to exist and whether any of the events specified in par. (am) 6. a. to f. have has occurred. If any such events have event specified in par. (am) 6. a. to f. has occurred, the county department or department shall discontinue making those payments immediately upon providing written notice of the discontinuation to the long-term kinship care relative, except that the county department or department may not discontinue making those payments on the grounds that the long-term kinship care relative is no longer providing care and maintenance for the child if the child is outside the home of the long-term kinship care relative for 90 days or less with the intent of returning to the home and if the county department or department has approved that absence from the home. If any of the conditions specified in par. (am) 1. to 5r. do not continue to exist, the county department or department shall discontinue making those payments after providing the long-term kinship care relative whose payments are being discontinued with written notice of that discontinuation not less than 10 days before the date on which those payments are to be discontinued. The notice shall advise the long-term kinship care relative of all of the following:

SB82-SSA1, s. 15 Section 15 . 48.57 (3n) (d) 1. to 3. of the statutes are created to read:

SB82-SSA1,11,20 48.57 (3n) (d) 1. That, if the payments are being discontinued on the grounds that an event specified in par. (am) 6. a. to f. has occurred, the long-term kinship care relative may petition the department under par. (g) for a review of that discontinuation by submitting a petition for review within 45 days after the date of the notice of discontinuation.

SB82-SSA1,11,25 2. That, if the payments are being discontinued on the grounds that a condition specified in par. (am) 1. to 5r. does not continue to exist, the long-term kinship care relative may petition the department under par. (g) for a review of that discontinuation by submitting a petition for review within 45 days after the date on which those payments are discontinued.

SB82-SSA1,12,6 3. That, if the long-term kinship care relative submits a petition for review under par. (g) within the time limit specified in par. (g) 2., the long-term kinship care relative's payments may not be discontinued, except as provided in par. (g) 2. a. or b., until a final decision is rendered on the petition for review, but that payments made pending the decision may be recovered by the county department or department if the discontinuation is upheld.

SB82-SSA1, s. 16 Section 16. 48.57 (3n) (f) of the statutes is amended to read:

SB82-SSA1,12,15 48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly within 45 days after receipt of a completed application or is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act, denial, or discontinuation. Review is unavailable if the action or failure to act, denial, or discontinuation arose more than 45 days before submission of the petition for review.

SB82-SSA1, s. 17 Section 17. 48.57 (3n) (g) 1. (intro.) of the statutes is amended to read:

SB82-SSA1,13,8 48.57 (3n) (g) 1. (intro.) Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing no later than 30 days after receipt of the petition under par. (f) and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act, denial, or discontinuation is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

SB82-SSA1, s. 18 Section 18 . 48.57 (3n) (g) 2. of the statutes is amended to read:

SB82-SSA1,13,25 48.57 (3n) (g) 2. If a recipient whose payments under par. (am) are being discontinued on the grounds that an event specified in par. (am) 6. a. to f. has occurred requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued or if a recipient whose payments under par. (am) are being discontinued on the grounds that a condition specified in par. (am) 1. to 5r. does not continue to exist requests a hearing before the date on which his or her payments under par. (am) are to be discontinued, those payments may not be discontinued, except as provided in subd. 2. a. or b., until a decision is rendered after the hearing, but payments made pending the hearing decision may be recovered by the county department or department if the contested action or failure to act discontinuation is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued pending a hearing decision if any of the following applies:

SB82-SSA1, s. 19 Section 19. 48.57 (3p) (a) of the statutes is renumbered 48.57 (3p) (a) (intro.) and amended to read:

SB82-SSA1,14,3 48.57 (3p) (a) (intro.) In this subsection, "adult resident":

SB82-SSA1,14,8 1. 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).

SB82-SSA1, s. 20 Section 20. 48.57 (3p) (a) 2. of the statutes is created to read:

SB82-SSA1,14,12 48.57 (3p) (a) 2. "Arrest" means an arrest for a violation for which the person arrested, if convicted, would be disqualified from receiving payments under sub. (3m) for a reason specified in par. (g) 1., 2., or 3.

SB82-SSA1, s. 21 Section 21 . 48.57 (3p) (d) of the statutes is amended to read:

SB82-SSA1,14,25 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 500,000 or more, the department of health and family services determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the county department or department of health and family services shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction arrests and convictions.

SB82-SSA1, s. 22 Section 22. 48.57 (3p) (e) 4. of the statutes is amended to read:

SB82-SSA1,15,5 48.57 (3p) (e) 4. Information regarding the conviction record of the person person's record of arrests and convictions under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.

SB82-SSA1, s. 23 Section 23. 48.57 (3p) (fm) 1. of the statutes is amended to read:

SB82-SSA1,15,24 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the arrest and conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. does not include any arrest or conviction that the county department or department of health and family services determines is likely to adversely affect the child or the ability of the applicant to care for the child or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's arrest and conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3 does not include any arrest or conviction that the county department or department of health and family services determines is likely to adversely affect the child or the ability of the applicant to care for the child.

SB82-SSA1, s. 24 Section 24. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

SB82-SSA1,16,24 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 500,000 or more, the department of health and family services may not enter into the agreement under sub. (3n) (am) 6. unless the county department or department of health and family services receives information from the department of justice relating to the indicating that the arrest and 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 does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review arrest and conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the long-term kinship care relative's applicant's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's arrest and 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 or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review arrest and conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's person's ability to care for the child.

SB82-SSA1, s. 25 Section 25. 48.57 (3p) (fm) 2. of the statutes is amended to read:

SB82-SSA1,18,12 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) 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 or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could are likely to adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) 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 or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's arrest and conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department or, in a county having a population of 500,000 or more, the department of health and family services so advises the person receiving payments under sub. (3m) does not include any arrest or conviction that the county department or department of health and family services determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child or until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a the person to be so employed or to be an adult resident and the county department or, in a county having a population of 500,000 or more, the department of health and family services so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) 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 by the county department or, in a county having a population of 500,000 or more, the department of health and family services that from the federal bureau of investigation indicates indicating that the person's arrest and conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3 does not include any arrest or conviction that the county department or department of health and family services determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.

SB82-SSA1, s. 26 Section 26 . 48.57 (3p) (fm) 2m. of the statutes is amended to read:

SB82-SSA1,20,2 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 or, in a county having a population of 500,000 or more, the department of health and family services that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could are likely to 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 or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice relating to the person's indicating that the arrest and conviction record of the person 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 does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review arrest and conviction records under this subdivision 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 of the person receiving payments to care for the child and the county department or department of health and family services 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 by the county department or, in a county having a population of 500,000 or more, the department of health and family services that from the federal bureau of investigation indicates indicating that the person's arrest and conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest for which a criminal charge is pending or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review arrest and conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's ability of the person receiving payments to care for the child.

SB82-SSA1, s. 27 Section 27. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

SB82-SSA1,20,13 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not 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 permit a person to be an adult resident if any of the following applies the person has been convicted or penalized as follows and if the county department or the department of health and family services determines that the conviction or penalty is likely to adversely affect the child or the ability of the person applying for or receiving payments to care for the child:

SB82-SSA1, s. 28 Section 28 . 48.57 (3p) (h) 1. of the statutes is amended to read:

SB82-SSA1,20,25 48.57 (3p) (h) 1. A person who is denied payments under sub. (3m) for a reason specified in par. (g) 1., 2. or 3. based on the person's conviction record, a person whose payments under sub. (3m) are discontinued based on the person's conviction record, or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under sub. (3m) are being made or from permitting a person to be an adult resident for a reason specified in par. (g) 1., 2. or 3. based on the person's conviction record may request that the denial or discontinuation of payments or the prohibition on employment or being an adult resident be reviewed under subd. 2. Review is unavailable if the denial, discontinuation, or prohibition occurred more than 45 days before submission of the request for review.

SB82-SSA1, s. 29 Section 29. 48.57 (3p) (h) 2m. of the statutes is created to read:

SB82-SSA1,21,8 48.57 (3p) (h) 2m. If a person whose payments under sub. (3m) are being discontinued based on the person's conviction record requests a review before the date on which those payments are to be discontinued, those payments may not be discontinued, except as provided in subd. 2m. a. or b., until a decision is rendered after the review but payments made pending the review decision may be recovered by the county department or department if the discontinuation is upheld. Payments under sub. (3m) shall be discontinued if any of the following applies:

SB82-SSA1,21,10 a. The person is contesting a state law or a change in state law and not the determination of the payment made on the person's behalf.

SB82-SSA1,21,13 b. The person is notified of a change in his or her payments under sub. (3m) while the review decision is pending but the person fails to request a review of the change.

SB82-SSA1, s. 30 Section 30 . 48.57 (3p) (h) 3. of the statutes is amended to read:

SB82-SSA1,22,2 48.57 (3p) (h) 3. The director of the county department, the person designated by the governing body of a federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services shall review the denial or discontinuation of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial, discontinuation, or prohibition is based includes any arrests, convictions or penalties that are is likely to adversely affect the child or the ability of the kinship care relative person to care for the child. In reviewing the denial, discontinuation, or prohibition, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services shall consider, but not be limited to, all of the following factors:

SB82-SSA1,22,4 a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.

SB82-SSA1,22,6 b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative petitioner to care for the child.

SB82-SSA1,22,8 c. Whether making an exception to the denial, discontinuation, or prohibition would be is in the best interests of the child.

SB82-SSA1, s. 31 Section 31. 48.57 (3p) (h) 4. of the statutes is amended to read:

SB82-SSA1,22,23 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band, or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services determines that the conviction record on which the denial or discontinuation of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative person requesting the review to care for the child, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band, or the person designated by the secretary of health and family services may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to 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.

SB82-SSA1, s. 32 Section 32. 48.57 (3p) (h) 5. of the statutes is amended to read:

SB82-SSA1,23,2 48.57 (3p) (h) 5. A decision under this paragraph is not subject to review under ch. 227 par. (hg).

SB82-SSA1, s. 33 Section 33. 48.57 (3p) (hg) of the statutes is created to read:

SB82-SSA1,23,9 48.57 (3p) (hg) 1. If on review under par. (h) a denial or discontinuation of payments under sub. (3m) or a prohibition on employment or being an adult resident is upheld, the person who requested the review may petition the department under subd. 2. for a review of that denial, discontinuation, or prohibition. Review is unavailable if the denial, discontinuation, or prohibition was upheld more than 45 days before submission of the petition for review.

SB82-SSA1,23,24 2. Upon receipt of a timely petition under subd. 1. the department shall give the petitioner reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the petitioner and to the county department or subunit of the department whose denial, discontinuation, or prohibition is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose denial, discontinuation, or prohibition is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose denial, discontinuation, or prohibition is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

SB82-SSA1,23,25 a. The petitioner withdraws the petition in writing.

SB82-SSA1,24,2 b. The sole issue in the petition concerns a change that affects an entire class of recipients and is the result of a change in state law.

SB82-SSA1,24,5 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

SB82-SSA1,24,16 3. If a person whose payments under sub. (3m) are being discontinued based on the person's conviction record requests a hearing before the date on which those payments are to be discontinued, those payments may not be discontinued, except as provided in subd. 3. a. or b., until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the county department or department if the discontinuation is upheld. The department shall promptly notify the county department of the county in which the person resides or, if the person resides in a county having a population of 500,000 or more, the subunit of the department administering kinship care in that county that the person has requested a hearing. Payments under sub. (3m) shall be discontinued if any of the following applies:

SB82-SSA1,24,18 a. The person is contesting a state law or a change in state law and not the determination of the payment made on the person's behalf.

SB82-SSA1,24,21 b. The person is notified of a change in his or her payments under sub. (3m) while the hearing decision is pending but the person fails to request a hearing on the change.

SB82-SSA1,24,24 4. The person requesting the hearing shall be promptly informed in writing if his or her payments under sub. (3m) are to be discontinued pending the hearing decision.