SECTION 40. 48.977 (1) of the statutes is repealed.
SECTION 41. 48.977 (2) (intro.) of the statutes is amended to read:
48.977 (2) TYPE OF GUARDIANSHIP. (intro.) This section may be used for the appointment of a relative of a child as a guardian of the person for the a child if the court finds all of the following:
SECTION 42. 48.977 (2) (a) of the statutes is amended to read:
48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 for a cumulative total period of one year or longer or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).
SECTION 43. 48.977 (2) (b) of the statutes is amended to read:
48.977 (2) (b) That the person nominated as the guardian of the child is a relative of the child person with whom the child has been placed or in whose home placement of the child is recommended under par. (a) and that it is likely that the child will continue to be placed with that relative person for an extended period of time or until the child attains the age of 18 years.
SECTION 44. 48.977 (2) (c) of the statutes is amended to read:
48.977 (2) (c) That, if appointed, it is likely that the relative person 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.
SECTION 45. 48.977 (2) (f) of the statutes is amended to read:
48.977 (2) (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, while assuring that the child's health and safety are the paramount concerns, 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 or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.
SECTION 46. 48.977 (3r) of the statutes is created to read:
48.977 (3r) SUBSIDIZED GUARDIANSHIP. Subject to s. 48.62 (5) (d), if a county department or, in a county having a population of 500,000 or more, the department has determined under s. 48.62 (5) (a) 2. that appointing a guardian under sub. (2) for a child who does not meet the conditions specified under s. 48.62 (5) (a) 1. and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of that determination and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming that determination. If the court confirms that determination and appoints a guardian for the child under sub. (2), the county department or department shall provide monthly subsidized guardianship payments to the guardian under s. 48.62 (5).
SECTION 47. 48.977 (4) (a) 4. of the statutes is amended to read:
48.977 (4) (a) 4. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.
SECTION 48. 48.977 (4) (a) 6. of the statutes is amended to read:
48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child's placement with the guardian is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23.
SECTION 49. 48.977 (4) (b) 3. of the statutes is amended to read:
48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates that on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.
SECTION 50. 48.977 (4) (c) 1. g. of the statutes is amended to read:
48.977 (4) (c) 1. g. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.
SECTION 51. 48.977 (4) (e) of the statutes is amended to read:
48.977 (4) (e) Court report. The For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency plan prepared under s. 48.38 or 938.38, if one has been prepared, and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm).
SECTION 52. 48.977 (4) (g) 1. of the statutes is amended to read:
48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.
SECTION 53. 48.977 (4) (g) 2. of the statutes is amended to read:
48.977 (4) (g) 2. The willingness and ability of the relative person to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.
SECTION 54. 48.977 (4) (h) 1. of the statutes is amended to read:
48.977 (4) (h) 1. A disposition dismissing the petition if the court determines that appointment of the relative person as the child's guardian is not in the best interests of the child.
SECTION 55. 48.977 (4) (h) 2. of the statutes is amended to read:
48.977 (4) (h) 2. A disposition ordering that the relative person with whom the child has been placed or in whose home placement of the child is recommended as described in sub. (2) (a) be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b), if the court determines that such an appointment is in the best interests of the child.
SECTION 56. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.
SECTION 57. 49.155 (1m) (bm) of the statutes is amended to read:
49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under s. 49.145 (2) (c).
SECTION 58. 49.155 (1m) (c) 1g. of the statutes is amended to read:
49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.62 (5), the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.
SECTION 59. 49.46 (1) (a) 5. of the statutes is amended to read:
49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care, long-term kinship care or, treatment foster care, or subsidized guardianship placement under ch. 48 or 938, as determined by the department.
SECTION 60. 767.078 (1) (a) 2. of the statutes is amended to read:
767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b.
SECTION 61. 767.29 (1m) (c) of the statutes is amended to read:
767.29 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid to families with dependent children aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.
SECTION 62. 767.29 (2) of the statutes is amended to read:
767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22, or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19).
SECTION 63. 767.29 (4) of the statutes is amended to read:
767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, except as otherwise ordered by the court on the motion of a party.
SECTION 64. 938.33 (4) (intro.) of the statutes is amended to read:
938.33 (4) OTHER OUT-OF-HOME PLACEMENTS. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:
SECTION 65. 938.345 (4) of the statutes is created to read:
938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of a guardian under s. 48.977 (2).
SECTION 66. 938.57 (1) (c) of the statutes is amended to read:
938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
SECTION 67. 938.57 (3) (a) 4. of the statutes is amended to read:
938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).
SECTION 9121. Nonstatutory provisions; health and family services.
(1) RELATIVE GUARDIANSHIPS. Notwithstanding section 48.977 (2) (a), 2003 stats., a petition under section 48.977 (4) of the statutes, as affected by this act, may be filed for the appointment of a relative as the guardian of the person of a child who has been placed, or continued in a placement, outside of his or her home for less than one year on the effective date of this subsection.
(End)
LRB-0113LRB-0113/2
RLR:kjf&wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Jablonsky - BB0028 EMT training
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: emergency medical technician training and examination aid.
Analysis by the Legislative Reference Bureau
health and family services
Health
Under current law, DHFS makes grants to entities, including technical colleges, to provide training programs and examinations that fulfill the emergency medical technician -- basic licensure and relicensure requirements.
This bill directs DHFS to provide the emergency medical technician -- basic training and examination funding to ambulance service providers rather than the entities that provide the training and administer the examinations. The bill further requires ambulance service providers to report to DHFS on expenditures of the funds as a condition of relicensure and requires the Emergency Medical Services Board to recommend a formula for disbursing the training and examination funds among ambulance service providers.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (5) (ch) of the statutes is renumbered 20.435 (5) (rb) and amended to read:
20.435 (5) (rb) Emergency medical services; aids. The From the transportation fund, the amounts in the schedule to pay the costs for emergency medical technician -- basic training and examination aid under s. 146.55 (5) and for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 146.55 (4).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.435 (5) (ch). This SECTION has been affected by drafts with the following LRB numbers: 0113/1 and 1560/2
SECTION 2. 38.28 (1m) (a) 1. of the statutes is amended to read:
38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), and 118.55 (7r), and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8), (20), (28), and (31), 38.14 (11), 38.26, 38.27, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.
SECTION 3. 146.55 (5) of the statutes is renumbered 146.55 (5) (a) and amended to read:
146.55 (5) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under s. 146.50 (9), to assist the entities in providing ambulance service providers to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under s. 146.50 (6), and to fund each examination administered by the entity pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under s. 146.50 (6) (a) 3. and (b) 1.
****NOTE: This is reconciled s. 146.55 (5). This SECTION has been affected by drafts with the following LRB numbers: 0113/1 and 1560/2.
SECTION 4. 146.55 (5) (b) of the statutes is created to read:
146.55 (5) (b) The department shall require as a condition of relicensure that an ambulance service provider submit to the department a financial report on the expenditure of funds received under par. (a).
SECTION 5. 146.58 (7) of the statutes is amended to read:
146.58 (7) Advise, make recommendations to, and consult with the department concerning the funding under s. 146.55 (4) and (5), including recommending a formula for allocating funds among ambulance service providers under s. 146.55 (5).
(End)
LRB-0122LRB-0122/1
ARG:wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0280 - Existing rail passenger service
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the Rail Passenger Route Development Program in the Department of Transportation
Analysis by the Legislative Reference Bureau
Transportation
Rail and air transportation
Under current law, the Department of Transportation administers a Rail Passenger Route Development Program (program) to fund capital costs related to Amtrak service extension routes or other rail service routes between Milwaukee and Madison and between Milwaukee and Green Bay. This bill expands the program to include service routes between Chicago and Milwaukee and between Madison and La Crosse.
