SB40-CSA1,626,1816
(a) To purchase in full or in part care and services that the department is
17authorized by any statute to provide as an alternative to providing that care and
18those services itself.
SB40-CSA1,626,2219
(b) To purchase or provide in full or in part the care and services that county
20agencies may provide or purchase under any statute and to sell to county agencies
21such portions of that care and those services as the county agency may desire to
22purchase.
SB40-CSA1,626,2423
(d) To sell services, under contract, that the department is authorized to
24provide by statute, to any federally recognized tribal governing body.
SB40-CSA1,627,10
148.547
(2) Department responsibilities. Within the availability of funding
2under s.
20.435 (7) 20.437 (1) (mb) that is available for the program, the department
3shall select counties to participate in the program. Unless a county department of
4human services has been established under s. 46.23 in the county that is seeking to
5implement a program, the application submitted to the department shall be a joint
6application by the county department that provides social services and the county
7department established under s. 51.42 or 51.437. The department shall select
8counties in accordance with the request for proposal procedures established by the
9department. The department shall give a preference to county applications that
10include a plan for case management.
SB40-CSA1,627,2012
48.55
(1) The department shall establish a state adoption information
13exchange for the purpose of finding adoptive homes for children with special needs
14who do not have permanent homes and a state adoption center for the purposes of
15increasing public knowledge of adoption and promoting to adolescents and pregnant
16women the availability of adoption services. From the appropriation under s.
20.435
17(3) 20.437 (1) (dg), the department may provide not more than
$163,700 in fiscal year
182001-02 and not more than $171,300 in each fiscal year
thereafter as grants to
19individuals and private agencies to provide adoption information exchange services
20and to operate the state adoption center.
SB40-CSA1,627,2322
48.561
(3) (a) 1. Through a reduction of $37,209,200 from the
amount amounts 23distributed to that county under
s. ss. 46.40 (2)
and 48.563 (2) in each state fiscal year.
SB40-CSA1,628,13
148.561
(3) (b) The department of administration shall collect the amount
2specified in par. (a) 3. from a county having a population of 500,000 or more by
3deducting all or part of that amount from any state payment due that county under
4s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall
5notify the department of revenue, by September 15 of each year, of the amount to be
6deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08.
7The department of administration shall credit all amounts collected under this
8paragraph to the appropriation account under s.
20.435 (3) 20.437 (1) (kw) and shall
9notify the county from which those amounts are collected of that collection. The
10department may not expend any moneys from the appropriation account under s.
1120.435 (3) 20.437 (1) (cx) for providing services to children and families under s. 48.48
12(17) until the amounts in the appropriation account under s.
20.435 (3) 20.437 (1) 13(kw) are exhausted.
SB40-CSA1,628,18
1548.563 Children and family aids funding. (1) Distribution limits. (a)
16Within the limits of available federal funds and of the appropriations under s. 20.437
17(1) (b) and (o), the department shall distribute funds for children and family services
18to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.
SB40-CSA1,628,2319
(d) If the department receives from the department of health and family
20services under s. 46.40 (1) (d) any federal moneys under
42 USC 1396 to
1396v in
21reimbursement of the cost of preventing out-of-home placements of children, the
22department shall use those moneys as the first source of moneys used to meet the
23amount of the allocation under sub. (2) that is budgeted from federal funds.
SB40-CSA1,628,25
24(2) Basic county allocation. For children and family services under s. 48.569
25(1) (d), the department shall distribute not more than $67,452,000 in each fiscal year.
SB40-CSA1,629,6
1(14m) County children and family aids budgets. Before December 1 of each
2year, each county department and each tribal governing body shall submit to the
3department a proposed budget for the expenditure of funds allocated under this
4section, distributed under s. 48.565 (2) (a), or carried forward under s. 48.565 (3). The
5proposed budget shall be submitted on a form developed by the department and
6approved by the department of administration.
SB40-CSA1,629,14
848.565 Carry-over of children and family aids funds. Funds allocated by
9the department under s. 48.569 (1) (d) but not spent or encumbered by counties,
10governing bodies of federally recognized American Indian tribes, or private nonprofit
11organizations by December 31 of each year and funds recovered under s. 48.569 (2)
12(b) and deposited into the appropriation account under s. 20.437 (1) (b) lapse to the
13general fund on the succeeding January 1 unless carried forward to the next calendar
14year under s. 20.437 (1) (b) or as follows:
SB40-CSA1,629,25
15(3) At the request of a county, tribal governing body, or private nonprofit
16organization, the department shall carry forward up to 3 percent of the total amount
17allocated to the county, tribal governing body, or nonprofit organization for a
18calendar year. All funds carried forward for a tribal governing body or nonprofit
19organization and all federal child welfare funds under
42 USC 620 to
626 carried
20forward for a county shall be used for the purpose for which the funds were originally
21allocated. Other funds carried forward under this subsection may be used for any
22purpose under s. 20.437 (1) (b), except that a county may not use any funds carried
23forward under this subsection for administrative or staff costs. An allocation of
24carried-forward funding under this subsection does not affect a county's base
25allocation under s. 48.563 (2).
SB40-CSA1,630,5
1(6) The department may carry forward 10 percent of any funds specified in sub.
2(3) that are not carried forward under sub. (3) for emergencies, for justifiable unit
3services costs above planned levels, and for increased costs due to population shifts.
4An allocation of carried-forward funding under this subsection does not affect a
5county's base allocation under s. 48.563 (2).
SB40-CSA1,630,13
748.567 Expenditure of income augmentation services receipts. (1) 8From the appropriation account under s. 20.437 (3) (mp), the department shall
9support costs that are exclusively related to the ongoing and recurring operational
10costs of augmenting the amount of moneys received under
42 USC 670 to
679a and
11to any other purpose provided for by the legislature by law or in budget
12determinations. In addition, the department may expend moneys from the
13appropriation account under s. 20.437 (3) (mp) as provided in subs. (1m) and (2).
SB40-CSA1,631,3
14(2) If the department proposes to use any moneys from the appropriation
15account under s. 20.437 (3) (mp) for any purpose other than the purposes specified
16in subs. (1) and (1m), the department shall submit a plan for the proposed use of those
17moneys to the secretary of administration by September 1 of the fiscal year after the
18fiscal year in which those moneys were received. If the secretary of administration
19approves the plan, he or she shall submit the plan to the joint committee on finance
20by October 1 of the fiscal year after the fiscal year in which those moneys were
21received. If the cochairpersons of the committee do not notify the secretary of
22administration within 14 working days after the date of submittal of the plan that
23the committee has scheduled a meeting for the purpose of reviewing the plan, the
24department may implement the plan. If within 14 working days after the date of the
25submittal by the secretary of administration the cochairpersons of the committee
1notify him or her that the committee has scheduled a meeting for the purpose of
2reviewing the plan, the department may implement the plan only with the approval
3of the committee.
SB40-CSA1,631,20
548.568 Allocation of federal funds for children and family aids and
6child welfare. Subject to s. 48.563 (1) (b) and (c), if the department receives
7unanticipated federal foster care and adoption assistance payments under
42 USC
8670 to
679a and it proposes to allocate the unanticipated funds so that an allocation
9limit in s. 48.563 is exceeded, the department shall submit a plan for the proposed
10allocation to the secretary of administration. If the secretary of administration
11approves the plan, he or she shall submit it to the joint committee on finance. If the
12cochairpersons of the committee do not notify the secretary of administration that
13the committee has scheduled a meeting for the purpose of reviewing the plan within
1414 working days after the date of his or her submittal, the department may
15implement the plan, notwithstanding any allocation limits under s. 48.563. If within
1614 working days after the date of the submittal by the secretary of administration
17the cochairpersons of the committee notify him or her that the committee has
18scheduled a meeting for the purpose of reviewing the plan, the department may
19implement the plan, notwithstanding s. 48.563, only with the approval of the
20committee.
SB40-CSA1,631,25
2248.569 Distribution of children and family aids funds to counties. (1) 23(am) The department shall reimburse each county from the appropriations under
24s. 20.437 (1) (b) and (o) for children and family services as approved by the
25department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.
SB40-CSA1,632,14
1(d) From the appropriations under s. 20.437 (1) (b) and (o), the department shall
2distribute the funding for children and family services, including funding for foster
3care, treatment foster care, or subsidized guardianship care of a child on whose
4behalf aid is received under s. 48.645 to county departments as provided under s.
548.563. County matching funds are required for the distribution under s. 48.563 (2).
6Each county's required match for the distribution under s. 48.563 (2) shall be
7specified in a schedule established annually by the department. Matching funds
8may be from county tax levies, federal and state revenue sharing funds, or private
9donations to the county that meet the requirements specified in sub. (1m). Private
10donations may not exceed 25 percent of the total county match. If the county match
11is less than the amount required to generate the full amount of state and federal
12funds distributed for this period, the decrease in the amount of state and federal
13funds equals the difference between the required and the actual amount of county
14matching funds.
SB40-CSA1,632,1615
(dc) The department shall prorate the amount allocated to any county
16department under par. (d) to reflect actual federal funds available.
SB40-CSA1,632,1917
(f) 1. If any state matching funds allocated under par. (d) to match county funds
18are not claimed, the funds shall be redistributed for the purposes the department
19designates.
SB40-CSA1,632,2320
2. The county allocation to match aid increases shall be included in the contract
21under s. 49.325 (2g), and approved by January 1 of the year for which funds are
22allocated, in order to generate state aid matching funds. All funds allocated under
23par. (d) shall be included in the contract under s. 49.325 (2g) and approved.
SB40-CSA1,632,25
24(1m) (a) A private donation to a county may be used to match the state
25grant-in-aid under sub. (1) (d) only if the donation is both of the following:
SB40-CSA1,633,2
11. Donated to a county department and the donation is under the
2administrative control of that county department.
SB40-CSA1,633,53
2. Donated without restrictions as to use, unless the restrictions specify that
4the donation be used for a particular service and the donor neither sponsors nor
5operates the service.
SB40-CSA1,633,106
(b) Voluntary federated fund-raising organizations are not sponsors or
7operators of services within the meaning of par. (a) 2. Any member agency of such
8an organization that sponsors or operates services is considered to be an autonomous
9entity separate from the organization unless the board membership of the
10organization and the agency interlock.
SB40-CSA1,633,18
11(2) (a) The county treasurer and each director of a county department shall
12monthly certify under oath to the department, in the manner the department
13prescribes, the claim of the county for state reimbursement under this section, and
14if the department approves the claim it shall certify to the department of
15administration for reimbursement to the county for amounts due under this section
16and payment claimed to be made to the counties monthly. The department may make
17advance payments prior to the beginning of each month equal to one-twelfth of the
18contracted amount.
SB40-CSA1,633,2519
(b) To facilitate prompt reimbursement, the certificate of the department may
20be based on the certified statements of the county officers filed under par. (a). Funds
21recovered from audit adjustments from a prior fiscal year may be included in
22subsequent certifications only to pay counties owed funds as a result of any audit
23adjustment. By September 30 of each year the department shall submit a report to
24the appropriate standing committees under s. 13.172 (3) on funds recovered and paid
25out during the previous calendar year as a result of audit adjustments.
SB40-CSA1,634,42
48.57
(1) (g) Upon request of the department
of health and family services or
3the department of corrections, to provide service for any child or expectant mother
4of an unborn child in the care of those departments.
SB40-CSA1, s. 1293
5Section
1293. 48.57 (3) (a) 3. (intro.) of the statutes is amended to read:
SB40-CSA1,634,76
48.57
(3) (a) 3. (intro.) Received funding under
s. 48.569 (1) (d) or under s.
746.495 (1) (d)
, 2005 stats., immediately prior to his or her 18th birthday; and
SB40-CSA1,634,119
48.57
(3) (b) The funding provided for the maintenance of a child under par. (a)
10shall be in an amount equal to that which the child would receive under s.
46.495 1148.569 (1) (d) if the child were 17 years of age.
SB40-CSA1, s. 1295
12Section
1295. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
SB40-CSA1,634,1913
48.57
(3m) (am) (intro.) From the appropriation under s.
20.435 (3) 20.437 (1) 14(kc), the department shall reimburse counties having populations of less than
15500,000 for payments made under this subsection and shall make payments under
16this subsection in a county having a population of 500,000 or more. A county
17department and, in a county having a population of 500,000 or more, the department
18shall make payments in the amount of $215 per month to a kinship care relative who
19is providing care and maintenance for a child if all of the following conditions are met:
SB40-CSA1,634,2221
48.57
(3m) (e) The department shall determine whether the child is eligible
22for medical assistance under ss. 49.43 to
49.47 49.471.
SB40-CSA1, s. 1297
23Section
1297. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
SB40-CSA1,635,624
48.57
(3n) (am) (intro.) From the appropriation under s.
20.435 (3) 20.437 (1) 25(kc), the department shall reimburse counties having populations of less than
1500,000 for payments made under this subsection and shall make payments under
2this subsection in a county having a population of 500,000 or more. A county
3department and, in a county having a population of 500,000 or more, the department
4shall make monthly payments for each child in the amount specified in sub. (3m)
5(am) (intro.) to a long-term kinship care relative who is providing care and
6maintenance for that child if all of the following conditions are met:
SB40-CSA1,635,98
48.57
(3n) (e) The department shall determine whether the child is eligible for
9medical assistance under ss. 49.43 to
49.47 49.471.
SB40-CSA1,635,1511
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m)
12or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
13population of 500,000 or more, the department
of health and family services, with
14the assistance of the department of justice, shall conduct a background investigation
15of the applicant.
SB40-CSA1,635,2217
48.57
(3p) (b) 2. The county department or, in a county having a population of
18500,000 or more, the department
of health and family services, with the assistance
19of the department of justice, may conduct a background investigation of any person
20who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d)
21or at any other time that the county department or department
of health and family
22services considers to be appropriate.
SB40-CSA1,636,424
48.57
(3p) (b) 3. The county department or, in a county having a population of
25500,000 or more, the department
of health and family services, with the assistance
1of the department of justice, may conduct a background investigation of any person
2who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that
3the county department or department
of health and family services considers to be
4appropriate.
SB40-CSA1,636,126
48.57
(3p) (c) 1. After receipt of an application for payments under sub. (3m)
7or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
8population of 500,000 or more, the department
of health and family services, with
9the assistance of the department of justice, shall, in addition to the investigation
10under par. (b) 1., conduct a background investigation of all employees and
11prospective employees of the applicant who have or would have regular contact with
12the child for whom those payments are being made and of each adult resident.
SB40-CSA1,636,2114
48.57
(3p) (c) 2. The county department or, in a county having a population of
15500,000 or more, the department
of health and family services, with the assistance
16of the department of justice, may conduct a background investigation of any of the
17employees or prospective employees of any person who is receiving payments under
18sub. (3m) who have or would have regular contact with the child for whom those
19payments are being made and of each adult resident at the time of review under sub.
20(3m) (d) or at any other time that the county department or department
of health and
21family services considers to be appropriate.
SB40-CSA1,637,523
48.57
(3p) (c) 2m. The county department or, in a county having a population
24of 500,000 or more, the department
of health and family services, with the assistance
25of the department of justice, may conduct a background investigation of any of the
1employees or prospective employees of any person who is receiving payments under
2sub. (3n) or s. 48.62 (5) (a) or (b) who have or would have regular contact with the child
3for whom payments are being made and of each adult resident at any time that the
4county department or department
of health and family services considers to be
5appropriate.
SB40-CSA1,637,147
48.57
(3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
8(3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person
9would have regular contact with the child for whom those payments are being made
10or permit any person to be an adult resident, the county department or, in a county
11having a population of 500,000 or more, the department
of health and family
12services, with the assistance of the department of justice, shall conduct a background
13investigation of the prospective employee or prospective adult resident unless that
14person has already been investigated under subd. 1., 2. or 2m.
SB40-CSA1,638,216
48.57
(3p) (d) If the person being investigated under par. (b) or (c) is a
17nonresident, or at any time within the 5 years preceding the date of the application
18has been a nonresident, or if the county department or, in a county having a
19population of 500,000 or more, the department
of health and family services 20determines that the person's employment, licensing or state court records provide a
21reasonable basis for further investigation, the county department or department
of
22health and family services shall require the person to be fingerprinted on 2
23fingerprint cards, each bearing a complete set of the person's fingerprints. The
24department of justice may provide for the submission of the fingerprint cards to the
1federal bureau of investigation for the purposes of verifying the identity of the person
2fingerprinted and obtaining records of his or her criminal arrest and conviction.
SB40-CSA1, s. 1307
3Section
1307. 48.57 (3p) (e) (intro.) of the statutes is amended to read:
SB40-CSA1,638,74
48.57
(3p) (e) (intro.) Upon request, a person being investigated under par. (b)
5or (c) shall provide the county department or, in a county having a population of
6500,000 or more, the department
of health and family services with all of the
7following information:
SB40-CSA1,638,219
48.57
(3p) (fm) 1. The county department or, in a county having a population
10of 500,000 or more, the department
of health and family services may provisionally
11approve the making of payments under sub. (3m) based on the applicant's statement
12under sub. (3m) (am) 4m. The county department or department
of health and family
13services may not finally approve the making of payments under sub. (3m) unless the
14county department or department
of health and family services receives information
15from the department of justice indicating that the conviction record of the applicant
16under the law of this state is satisfactory according to the criteria specified in par.
17(g) 1. to 3. or payment is approved under par. (h) 4. The county department or
18department
of health and family services may make payments under sub. (3m)
19conditioned on the receipt of information from the federal bureau of investigation
20indicating that the person's conviction record under the law of any other state or
21under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.
SB40-CSA1, s. 1309
22Section
1309. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
SB40-CSA1,639,2023
48.57
(3p) (fm) 1m. The county department or, in a county having a population
24of 500,000 or more, the department
of health and family services may not enter into
25the agreement under sub. (3n) (am) 6. or make payments under s. 48.62 (5) (a) or (b)
1unless the county department or department
of health and family services receives
2information from the department of justice relating to the conviction record of the
3applicant under the law of this state and that record indicates either that the
4applicant has not been arrested or convicted or that the applicant has been arrested
5or convicted but the director of the county department or, in a county having a
6population of 500,000 or more, the person designated by the secretary
of health and
7family services to review conviction records under this subdivision determines that
8the conviction record is satisfactory because it does not include any arrest or
9conviction that the director or person designated by the secretary determines is
10likely to adversely affect the child or the applicant's ability to care for the child. The
11county department or, in a county having a population of 500,000 or more, the
12department
of health and family services may make payments under sub. (3n) or s.
1348.62 (5) (a) or (b) conditioned on the receipt of information from the federal bureau
14of investigation indicating that the person's conviction record under the law of any
15other state or under federal law is satisfactory because the conviction record does not
16include any arrest or conviction that the director of the county department or, in a
17county having a population of 500,000 or more, the person designated by the
18secretary
of health and family services to review conviction records under this
19subdivision determines is likely to adversely affect the child or the applicant's ability
20to care for the child.
SB40-CSA1,641,222
48.57
(3p) (fm) 2. A person receiving payments under sub. (3m) may
23provisionally employ a person in a position in which that person would have regular
24contact with the child for whom those payments are being made or provisionally
25permit a person to be an adult resident if the person receiving those payments states
1to the county department or, in a county having a population of 500,000 or more, the
2department
of health and family services that the employee or adult resident does
3not have any arrests or convictions that could adversely affect the child or the ability
4of the person receiving payments to care for the child. A person receiving payments
5under sub. (3m) may not finally employ a person in a position in which that person
6would have regular contact with the child for whom those payments are being made
7or finally permit a person to be an adult resident until the county department or, in
8a county having a population of 500,000 or more, the department
of health and family
9services receives information from the department of justice indicating that the
10person's conviction record under the law of this state is satisfactory according to the
11criteria specified in par. (g) 1. to 3. and the county department or, in a county having
12a population of 500,000 or more, the department
of health and family services so
13advises the person receiving payments under sub. (3m) or until a decision is made
14under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to
15employ a person in a position in which that person would have regular contact with
16the child for whom payments are being made or to permit a person to be an adult
17resident and the county department or, in a county having a population of 500,000
18or more, the department
of health and family services so advises the person receiving
19payments under sub. (3m). A person receiving payments under sub. (3m) may finally
20employ a person in a position in which that person would have regular contact with
21the child for whom those payments are being made or finally permit a person to be
22an adult resident conditioned on the receipt of information from the county
23department or, in a county having a population of 500,000 or more, the department
24of health and family services that the federal bureau of investigation indicates that
1the person's conviction record under the law of any other state or under federal law
2is satisfactory according to the criteria specified in par. (g) 1. to 3.
SB40-CSA1,642,144
48.57
(3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5)
5(a) or (b) may provisionally employ a person in a position in which that person would
6have regular contact with the child for whom those payments are being made or
7provisionally permit a person to be an adult resident if the person receiving those
8payments states to the county department or, in a county having a population of
9500,000 or more, the department
of health and family services that, to the best of his
10or her knowledge, the employee or adult resident does not have any arrests or
11convictions that could adversely affect the child or the ability of the person receiving
12payments to care for the child. A person receiving payment under sub. (3n) or s. 48.62
13(5) (a) or (b) may not finally employ a person in a position in which that person would
14have regular contact with the child for whom those payments are being made or
15finally permit a person to be an adult resident until the county department or, in a
16county having a population of 500,000 or more, the department
of health and family
17services receives information from the department of justice relating to the person's
18conviction record under the law of this state and that record indicates either that the
19person has not been arrested or convicted or that the person has been arrested or
20convicted but the director of the county department or, in a county having a
21population of 500,000 or more, the person designated by the secretary
of health and
22family services to review conviction records under this subdivision determines that
23the conviction record is satisfactory because it does not include any arrest or
24conviction that is likely to adversely affect the child or the ability of the person
25receiving payments to care for the child and the county department or department
1of health and family services so advises the person receiving payments under sub.
2(3n) or s. 48.62 (5) (a) or (b). A person receiving payments under sub. (3n) or s. 48.62
3(5) (a) or (b) may finally employ a person in a position in which that person would
4have regular contact with the child for whom those payments are being made or
5finally permit a person to be an adult resident conditioned on the receipt of
6information from the county department or, in a county having a population of
7500,000 or more, the department
of health and family services that the federal
8bureau of investigation indicates that the person's conviction record under the law
9of any other state or under federal law is satisfactory because the conviction record
10does not include any arrest or conviction that the director of the county department
11or, in a county having a population of 500,000 or more, the person designated by the
12secretary
of health and family services to review conviction records under this
13subdivision determines is likely to adversely affect the child or the ability of the
14person receiving payments to care for the child.
SB40-CSA1, s. 1312
15Section
1312. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
SB40-CSA1,642,2216
48.57
(3p) (g) (intro.) Except as provided in par. (h), the county department or,
17in a county having a population of 500,000 or more, the department
of health and
18family services may not make payments to a person applying for payments under
19sub. (3m) and a person receiving payments under sub. (3m) may not employ a person
20in a position in which that person would have regular contact with the child for whom
21those payments are being made or permit a person to be an adult resident if any of
22the following applies:
SB40-CSA1,643,1124
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944
, 25or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
, or 948.70,
1or of a violation of the law of any other state or federal law that would be a violation
2of ch. 940, 944
, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
3948.63
, or 948.70, if committed in this state, except that a county department or, in
4a county having a population of 500,000 or more, the department
of health and family
5services may make payments to a person applying for payments under sub. (3m) and
6a person receiving payments under sub. (3m) may employ in a position in which the
7person would have regular contact with the child for whom those payments are being
8made or permit to be an adult resident a person who has been convicted of a violation
9of s. 944.30, 944.31
, or 944.33 or of a violation of the law of any other state or federal
10law that would be a violation of s. 944.30, 944.31, or 944.33 if committed in this state,
11if that violation occurred 20 years or more before the date of the investigation.
SB40-CSA1,643,2013
48.57
(3p) (h) 2. The request for review shall be filed with the director of the
14county department or, in a county having a population of 500,000 or more, with the
15person designated by the secretary
of health and family services to receive requests
16for review filed under this subdivision. If the governing body of a federally
17recognized American Indian tribe or band has entered into an agreement under sub.
18(3t) to administer the program under this subsection and sub. (3m), the request for
19review shall be filed with the person designated by that governing body to receive
20requests for review filed under this subdivision.
SB40-CSA1, s. 1315
21Section
1315. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
SB40-CSA1,644,822
48.57
(3p) (h) 3. (intro.) The director of the county department, the person
23designated by the governing body of a federally recognized American Indian tribe or
24band or, in a county having a population of 500,000 or more, the person designated
25by the secretary
of health and family services shall review the denial of payments or
1the prohibition on employment or being an adult resident to determine if the
2conviction record on which the denial or prohibition is based includes any arrests,
3convictions
, or penalties that are likely to adversely affect the child or the ability of
4the kinship care relative to care for the child. In reviewing the denial or prohibition,
5the director of the county department, the person designated by the governing body
6of the federally recognized American Indian tribe or band or the person designated
7by the secretary
of health and family services shall consider
, but not be limited to, 8all of the following factors:
SB40-CSA1,644,2310
48.57
(3p) (h) 4. If the director of the county department, the person designated
11by the governing body of the federally recognized American Indian tribe or band or,
12in a county having a population of 500,000 or more, the person designated by the
13secretary
of health and family services determines that the conviction record on
14which the denial of payments or the prohibition on employment or being an adult
15resident is based does not include any arrests, convictions
, or penalties that are likely
16to adversely affect the child or the ability of the kinship care relative to care for the
17child, the director of the county department, the person designated by the governing
18body of the federally recognized American Indian tribe or band
, or the person
19designated by the secretary
of health and family services may approve the making
20of payments under sub. (3m) or may permit a person receiving payments under sub.
21(3m) to employ a person in a position in which that person would have regular contact
22with the child for whom payments are being made or permit a person to be an adult
23resident.
SB40-CSA1,645,5
148.57
(3p) (i) A county department and, in a county having a population of
2500,000 or more, the department
of health and family services shall keep
3confidential all information received under this subsection from the department of
4justice or the federal bureau of investigation. Such information is not subject to
5inspection or copying under s. 19.35.