AB100: Bill Text Engrossed

AB100-engrossed, s. 948 Section 948. 48.57 (3p) (hm) of the statutes is amended to read:

AB100-engrossed,475,13 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) or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) 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 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 person's ability to care for the child.

AB100-engrossed, s. 949 Section 949. 48.61 (3) of the statutes is amended to read:

AB100-engrossed,475,18 48.61 (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under s. 48.977 (2).

AB100-engrossed, s. 950 Section 950. 48.615 (1) (b) of the statutes is amended to read:

AB100-engrossed,475,24 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.

AB100-engrossed, s. 951d Section 951d. 48.62 (4) of the statutes is amended to read:

AB100-engrossed,476,15 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, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17 2006, the age-related rates are $310 for a child under 5 years of age; $337 for a child 5 to 11 years of age; $384 for a child 12 to 14 years of age; and $401 for a child 15 years of age or over. Beginning on January 1, 2007, the age-related rates are $317 for a child under 5 years of age; $346 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. 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.

AB100-engrossed, s. 952 Section 952. 48.62 (5) of the statutes is created to read:

AB100-engrossed,476,25 48.62 (5) (a) Subject to par. (d), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in par. (e) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law or law of another state who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department if the guardian meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the following conditions:

AB100-engrossed,477,10 1. The child has been placed outside of his or her home, as described in s. 48.365 (1), for a cumulative total period of one year or longer, the court has found 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 any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. apply, and the court has found that appointment of a guardian for the child is in the best interests of the child.

AB100-engrossed,477,15 2. The child does not meet the conditions specified in subd. 1., but the county department or department has determined, and a court has confirmed under s. 48.977 (3r) or under a substantially similar tribal law or law of another state, that appointing a guardian for the child and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.

AB100-engrossed,477,21 (b) Subject to par. (d), on the death, incapacity, resignation, or removal of a guardian receiving payments under par. (a), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in par. (e) for a period of up to 12 months to an interim caretaker who meets all of the conditions specified in par. (c).

AB100-engrossed,477,24 (c) A county department or, in a county having a population of 500,000 or more, the department may not provide monthly subsidized guardianship payments under par. (a) or (b) unless all of the following conditions are met:

AB100-engrossed,478,4 1. The county department or department inspects the home of the guardian or interim caretaker, interviews the guardian or interim caretaker, and determines that placement of the child with the guardian or interim caretaker is in the best interests of the child.

AB100-engrossed,478,12 2. The county department or department conducts a background investigation under s. 48.57 (3p) of the guardian or interim caretaker, the employees and prospective employees of the guardian or interim caretaker who have or would have regular contact with the child for whom the payments would be made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the guardian or interim caretaker and determines that those individuals do not have any arrests or convictions that are likely to adversely affect the child or the ability of the guardian or interim caretaker to care for the child.

AB100-engrossed,478,15 3. In the case of an interim caretaker, the interim caretaker cooperates with the county department or department in finding a permanent placement for the child.

AB100-engrossed,479,4 (d) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department. If the waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.435 (3) (cx), (gx), (kw), and (mx). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 46.495 (1) (d).

AB100-engrossed,479,9 (e) The amount of a monthly payment under par. (a) or (b) for the care of a child shall equal the amount received under sub. (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).

AB100-engrossed, s. 953 Section 953. 48.62 (6) of the statutes is created to read:

AB100-engrossed,479,18 48.62 (6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian, or interim caretaker who continues to receive payments under sub. (4) or (5) by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering overpayments made under sub. (4) or (5). A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

****Note: This is reconciled s. 48.62 (6). This Section has been affected by drafts with the following LRB numbers: LRB-0265/2 and LRB-0084/2.

AB100-engrossed, s. 962d Section 962d. 48.65 (3) (a) of the statutes is amended to read:

AB100-engrossed,480,7 48.65 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $8.47 $10.33 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100-engrossed, s. 1023 Section 1023. 48.78 (2) (h) of the statutes is created to read:

AB100-engrossed,481,3 48.78 (2) (h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 51 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 51 or 938 or to coordinate the delivery of services under this chapter or ch. 51 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the department, county department, or licensed child welfare agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

AB100-engrossed, s. 1024 Section 1024. 48.975 (3) (a) 1. of the statutes is amended to read:

AB100-engrossed,481,11 48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or, treatment foster care, or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100-engrossed, s. 1025 Section 1025. 48.975 (3) (a) 2. of the statutes is amended to read:

AB100-engrossed,481,18 48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100-engrossed, s. 1026 Section 1026. 48.975 (4) (a) of the statutes is amended to read:

AB100-engrossed,482,2 48.975 (4) (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption or, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under s. 48.62 (5).

AB100-engrossed, s. 1027 Section 1027. 48.975 (4m) of the statutes is created to read:

AB100-engrossed,482,9 48.975 (4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent's monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance.

AB100-engrossed, s. 1028 Section 1028. 48.977 (title) of the statutes is amended to read:

AB100-engrossed,482,12 48.977 (title) Appointment of relatives as guardians for certain children in need of protection or services.

AB100-engrossed, s. 1029 Section 1029. 48.977 (1) of the statutes is repealed.

AB100-engrossed, s. 1030 Section 1030. 48.977 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,482,17 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:

AB100-engrossed, s. 1031 Section 1031. 48.977 (2) (a) of the statutes is amended to read:

AB100-engrossed,483,2 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).

AB100-engrossed, s. 1032 Section 1032. 48.977 (2) (b) of the statutes is amended to read:

AB100-engrossed,483,8 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.

AB100-engrossed, s. 1033 Section 1033. 48.977 (2) (c) of the statutes is amended to read:

AB100-engrossed,483,12 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.

AB100-engrossed, s. 1034 Section 1034. 48.977 (2) (f) of the statutes is amended to read:

AB100-engrossed,484,8 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.

AB100-engrossed, s. 1035 Section 1035. 48.977 (3r) of the statutes is created to read:

AB100-engrossed,484,20 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).

AB100-engrossed, s. 1036 Section 1036. 48.977 (4) (a) 4. of the statutes is amended to read:

AB100-engrossed,484,24 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.

AB100-engrossed, s. 1037 Section 1037. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100-engrossed,485,4 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.

AB100-engrossed, s. 1038 Section 1038. 48.977 (4) (b) 3. of the statutes is amended to read:

AB100-engrossed,485,12 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.

AB100-engrossed, s. 1039 Section 1039. 48.977 (4) (c) 1. g. of the statutes is amended to read:

AB100-engrossed,485,16 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.

AB100-engrossed, s. 1040 Section 1040. 48.977 (4) (e) of the statutes is amended to read:

AB100-engrossed,486,5 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).

AB100-engrossed, s. 1041 Section 1041. 48.977 (4) (g) 1. of the statutes is amended to read:

AB100-engrossed,486,8 48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.

AB100-engrossed, s. 1042 Section 1042. 48.977 (4) (g) 2. of the statutes is amended to read:

AB100-engrossed,486,12 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.

AB100-engrossed, s. 1043 Section 1043. 48.977 (4) (h) 1. of the statutes is amended to read:

AB100-engrossed,486,16 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.

AB100-engrossed, s. 1044 Section 1044. 48.977 (4) (h) 2. of the statutes is amended to read:

AB100-engrossed,486,22 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.

AB100-engrossed, s. 1045 Section 1045. 48.982 (4) (a) of the statutes is amended to read:

AB100-engrossed,487,2 48.982 (4) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (m), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.

AB100-engrossed, s. 1046 Section 1046. 48.982 (6) (a) of the statutes is amended to read:

AB100-engrossed,487,8 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

AB100-engrossed, s. 1047 Section 1047. 48.982 (7) (a) of the statutes is amended to read:

AB100-engrossed,487,12 48.982 (7) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB100-engrossed, s. 1049 Section 1049. 49.134 (2) (a) of the statutes is amended to read:

AB100-engrossed,487,17 49.134 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

****Note: This is reconciled s. 49.134 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1052 Section 1052. 49.136 (2) (a) of the statutes is amended to read:

AB100-engrossed,487,20 49.136 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall may award grants for the start-up or expansion of child care services.

****Note: This is reconciled s. 49.136 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1053 Section 1053. 49.136 (2) (b) of the statutes is amended to read:

AB100-engrossed,488,8 49.136 (2) (b) The If the department awards grants under this section, the department shall attempt to award the 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 employees, 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 Works employment position under s. 49.147 (3) to (5).

AB100-engrossed, s. 1055 Section 1055. 49.137 (2) (a) of the statutes is amended to read:

AB100-engrossed,488,16 49.137 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

****Note: This is reconciled s. 49.137 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1056 Section 1056. 49.137 (3) (a) of the statutes is amended to read:

AB100-engrossed,488,20 49.137 (3) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

****Note: This is reconciled s. 49.137 (3) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1057 Section 1057. 49.137 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,489,5 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.155 (1g) (b) (d), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities: