Amendment SSA1-SB82

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.

SB82-SSA1, s. 34 Section 34 . 48.57 (3p) (hm) of the statutes is amended to read:

SB82-SSA1,25,10 48.57 (3p) (hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review arrest and conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability of the person receiving payments to care for the child.

SB82-SSA1, s. 35 Section 35 . 48.57 (3r) of the statutes is created to read:

SB82-SSA1,25,18 48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments, the department may request the secretary of administration under s. 16.515 to supplement that appropriation for the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1), the secretary of administration may supplement the appropriation under s. 20.435 (3) (kc) if all of the following occur:

SB82-SSA1,25,21 (a) The secretary of administration determines that the amounts in the appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments.

SB82-SSA1,26,2 (b) The joint committee on finance either does not schedule a meeting for the purpose of reviewing the proposed supplementation within 14 working days after the secretary of administration notifies the committee of the proposed supplementation or, if the committee schedules a meeting for the purpose of reviewing the proposed supplementation, the committee approves the proposed supplementation.

SB82-SSA1, s. 36 Section 36. 48.57 (3t) of the statutes is amended to read:

SB82-SSA1,26,14 48.57 (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n), and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a an arrest and conviction record is satisfactory.

SB82-SSA1, s. 37 Section 37 . 48.979 of the statutes is created to read:

SB82-SSA1,26,17 48.979 Authorization to consent to health services. (1) Definitions. In this section:

SB82-SSA1,26,19 (a) "Caregiver" means an individual 18 years of age or over who resides with a child or provides temporary or permanent care and supervision for a child.

SB82-SSA1,26,20 (b) "Health care facility" has the meaning given in s. 155.01 (6).

SB82-SSA1,26,21 (c) "Health care provider" has the meaning given in s. 146.81 (1).

SB82-SSA1,26,23 (d) "Health services" means any emergency or nonemergency care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.

SB82-SSA1,27,3 (2) Authorizing a caregiver to consent to health services. (a) A parent may authorize a caregiver to consent to health services for the parent's child by completing a health services consent form.

SB82-SSA1,27,4 (b) A valid health services consent form shall be all of the following:

SB82-SSA1,27,5 1. In writing.

SB82-SSA1,27,7 2. Dated and signed by the parent and the caregiver whom the parent is authorizing to consent to health services for the child.

SB82-SSA1,27,8 3. Voluntarily executed.

SB82-SSA1,27,12 (c) A health services consent form under this section shall remain in effect for the period of time specified on the form, which period may not exceed one year from the date on which the form is executed, unless the form is revoked or otherwise made invalid earlier.

SB82-SSA1,27,15 (d) Nothing in this section shall be construed to make invalid other instruments that are voluntarily executed by a parent authorizing an individual or other entity to consent to health services for the parent's child.

SB82-SSA1,27,22 (3) Effect of health services consent form; form. (a) Unless the health services consent form, a guardianship order, or any other court order provides otherwise, a caregiver designated in a health services consent form whom a health care provider knows is available to consent to health services for a child 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 services decisions as provided in the health services consent form.

SB82-SSA1,28,6 (b) The department shall prepare the health services consent form and accompanying information. The department shall include, in information accompanying the form, at least the statutory definitions of the terms used in the form. The department shall prepare the form and accompanying information in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department. The department shall make the health services consent form available at no charge on the Internet. The health services consent form prepared by the department shall be in substantially the following form:

SB82-SSA1,28,7 HEALTH SERVICES CONSENT

SB82-SSA1,28,11 Use of form: Use of this form is voluntary, but completion of the form will aid the caregiver of a child in ensuring that appropriate and timely health care is provided for the child. The form is to be completed by the parent of a child who resides with another adult or who is being cared for by another adult.

SB82-SSA1,28,13 Instructions: If additional space is needed, attach a separate sheet or use reverse side of this form.

SB82-SSA1,28,15 AUTHORIZATION TO CONSENT TO HEALTH SERVICES

SB82-SSA1,28,19 I, .... (print name of parent), hereby authorize my child's caregiver .... (print name of caregiver), who currently resides with or is providing care for (cross out "currently resides with or" or "or is providing care for," if inapplicable) my child, .... (print name and date of birth of child), to do the following for my child:

SB82-SSA1,28,20 A. Health Services Consent and Exclusions:

SB82-SSA1,28,24 Provide consent for emergency and nonemergency health services for my child, .... (print name of child), including medical and dental examinations and prescribed treatments, including surgery, with the following exceptions: (If there are no exceptions, write "none.")

SB82-SSA1,29,1 ........................................................................................................................................

SB82-SSA1,29,2 ........................................................................................................................................

SB82-SSA1,29,4 All health services will be provided under the direction of a licensed dental care provider or physician or other licensed health care provider as appropriate.

SB82-SSA1,29,7 B. Child's Health Care Records. Provide consent to the release of the patient health care records of my child, .... (print name of child), with the following exceptions: (If there are no exceptions, write "none.")

SB82-SSA1,29,8 ........................................................................................................................................

SB82-SSA1,29,9 ........................................................................................................................................

SB82-SSA1,29,13 The authority granted under this health services consent form shall remain in effect until .... (print date), unless revoked or made invalid earlier. (The parent may specify any date agreed to between the parent and caregiver up to one year after the date on which the form is signed.)

SB82-SSA1,29,14 Signature of parent .... Date ....

SB82-SSA1,29,15 Name of parent (print) ....

SB82-SSA1,29,16 STATEMENT OF CAREGIVER

SB82-SSA1,29,22 I understand that .... (name of parent) has authorized me to make health services decisions for .... (name of child). I agree to make health services decisions for the above-named child consistent with what I and the child's health care providers believe is in the child's best interest, consistent with the authority granted in this form, and consistent with any other wishes or beliefs of the child's parent of which I am aware.

SB82-SSA1,29,23 Signature of Caregiver .... Date ....

SB82-SSA1,29,24 CONTACT INFORMATION

SB82-SSA1,29,25 A. Parent:

SB82-SSA1,30,1 Name (print) ....

SB82-SSA1,30,2 Home address .... Home telephone number ....

SB82-SSA1,30,3 Work address .... Work telephone number ....

SB82-SSA1,30,4 Other address (specify) .... Other telephone number ....

SB82-SSA1,30,5 B. Caregiver:

SB82-SSA1,30,6 Name (print) ....

SB82-SSA1,30,7 Home address .... Home telephone number ....

SB82-SSA1,30,8 Work address .... Work telephone number ....

SB82-SSA1,30,9 Other address (specify) .... Other telephone number ....

SB82-SSA1,30,11 (4) Revocation of health services form. (a) A parent may revoke a health services consent form at any time by doing any of the following:

SB82-SSA1,30,13 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health services consent form.

SB82-SSA1,30,15 2. Executing a statement, in writing, that is signed and dated by the parent, expressing the parent's intent to revoke the health services consent form.

SB82-SSA1,30,16 3. Executing a subsequent health services consent form.

SB82-SSA1,30,19 (b) A health services consent form is not valid if the child no longer resides with the caregiver or if the caregiver is no longer providing temporary or permanent care and supervision for the child.

SB82-SSA1,30,23 (c) If a caregiver knows that the instrument that authorized him or her to make health services decisions for a child has been revoked or is no longer valid, the caregiver shall communicate this fact to any health care provider for the child that the caregiver knows has a copy of the health services consent form.

SB82-SSA1,31,2 (d) The child's health care provider shall, upon notification of revocation or invalidity of the health services consent form, record in the child's medical record the time, date, and place of the notification to the health care provider of the revocation or invalidity.

SB82-SSA1,31,6 (5) Duties and immunities. (a) No health care facility or health care provider may be charged with a crime, held civilly liable, or charged with unprofessional conduct for any of the following in providing health services under a health services consent form:

SB82-SSA1,31,10 1. Complying, in the absence of actual knowledge of a revocation, with the terms of a health services consent form that is in compliance with this section or the decision of a caregiver that is made under a health services consent form that is in compliance with this section.

SB82-SSA1,31,13 2. Acting contrary to or failing to act on a revocation of a health services consent form, unless the health care facility or health care provider has actual knowledge of the revocation.

SB82-SSA1,31,17 3. Acting contrary to or failing to act on the health services decision of a parent who is not currently denied periods of physical placement with the child, unless the health care facility or health care provider has actual knowledge of the parent's health services decision.

SB82-SSA1,31,21 (b) In the absence of actual notice to the contrary, a health care facility or health care provider may presume that a parent was authorized to execute the health services consent form under the requirements of this section and that the form is valid.

SB82-SSA1,31,24 (c) No caregiver may be charged with a crime or held civilly liable for making a decision in good faith under a health services consent form that is in compliance with this section.