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, s. 1290 4Section 1290. 48.568 of the statutes is created to read:
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, s. 1291 21Section 1291. 48.569 of the statutes is created to read:
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, s. 1292
1Section 1292. 48.57 (1) (g) of the statutes is amended to read:
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, s. 1294 8Section 1294. 48.57 (3) (b) of the statutes is amended to read:
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, s. 1296 20Section 1296. 48.57 (3m) (e) of the statutes is amended to read:
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, s. 1298 7Section 1298. 48.57 (3n) (e) of the statutes is amended to read:
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, s. 1299 10Section 1299. 48.57 (3p) (b) 1. of the statutes is amended to read:
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, s. 1300 16Section 1300. 48.57 (3p) (b) 2. of the statutes is amended to read:
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, s. 1301 23Section 1301. 48.57 (3p) (b) 3. of the statutes is amended to read:
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, s. 1302 5Section 1302. 48.57 (3p) (c) 1. of the statutes is amended to read:
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, s. 1303 13Section 1303. 48.57 (3p) (c) 2. of the statutes is amended to read:
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, s. 1304 22Section 1304. 48.57 (3p) (c) 2m. of the statutes is amended to read:
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, s. 1305 6Section 1305. 48.57 (3p) (c) 3. of the statutes is amended to read:
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, s. 1306 15Section 1306. 48.57 (3p) (d) of the statutes is amended to read:
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, s. 1308 8Section 1308. 48.57 (3p) (fm) 1. of the statutes is amended to read:
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, s. 1310 21Section 1310. 48.57 (3p) (fm) 2. of the statutes is amended to read:
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, s. 1311 3Section 1311. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
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, s. 1313 23Section 1313. 48.57 (3p) (g) 3. of the statutes is amended to read:
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, s. 1314 12Section 1314. 48.57 (3p) (h) 2. of the statutes is amended to read:
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, s. 1316 9Section 1316. 48.57 (3p) (h) 4. of the statutes is amended to read:
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, s. 1317 24Section 1317. 48.57 (3p) (i) of the statutes is amended to read:
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.
SB40-CSA1, s. 1318 6Section 1318. 48.57 (3p) (j) of the statutes is amended to read:
SB40-CSA1,645,107 48.57 (3p) (j) A county department or, in a county having a population of
8500,000 or more, the department of health and family services may charge a fee for
9conducting a background investigation under this subsection. The fee may not
10exceed the reasonable cost of conducting the investigation.
SB40-CSA1, s. 1319 11Section 1319. 48.576 of the statutes is created to read:
SB40-CSA1,645,15 1248.576 Shelter care facilities; general supervision and inspection by
13department.
(1) Generally. The department shall investigate and supervise all
14shelter care facilities and familiarize itself with all the circumstances affecting their
15management and usefulness.
SB40-CSA1,645,23 16(2) Inspections. The department shall inquire into the methods of treatment,
17instruction, government, and management of children placed in shelter care
18facilities; the conduct of the trustees, managers, directors, superintendents, and
19other officers and employees of those facilities; the condition of the buildings,
20grounds, and all other property pertaining to those facilities; and all other matters
21pertaining to the usefulness and management of those facilities; and recommend to
22the officers in charge such changes and additional provisions as the department
23considers proper.
SB40-CSA1,646,3 24(3) Frequency of inspections. The department shall inspect and investigate
25each shelter care facility at least annually and, when directed by the governor, the

1department shall conduct a special investigation into a shelter care facility's
2management, or anything connected with its management, and report to the
3governor the testimony taken, the facts found, and conclusions drawn.
SB40-CSA1,646,11 4(4) Enforcement by attorney general and district attorneys. Upon request
5of the department, the attorney general or the district attorney of the proper county
6shall aid in any investigation, inspection, hearing, or trial had under the provisions
7of this chapter relating to powers of the department, and shall institute and
8prosecute all necessary actions or proceedings for the enforcement of those
9provisions and for the punishment of violations of those provisions. The attorney
10general or district attorney so requested shall report or confer with the department
11regarding the request, within 30 days after the receipt of the request.
SB40-CSA1,646,18 12(5) Opportunity to inspect. All trustees, managers, directors,
13superintendents, and other officers or employees of a shelter care facility shall at all
14times afford to every member of the department and its agents unrestrained facility
15for inspection of and free access to all parts of the buildings and grounds and to all
16books and papers of the shelter care facility, and shall give, either verbally or in
17writing, such information as the department requires. Any person who violates this
18subsection shall forfeit not less than $10 nor more than $100.
SB40-CSA1,646,22 19(6) Testimonial power; expenses. The department or any person delegated by
20the department may administer oaths, take testimony, and cause depositions to be
21taken. All expenses of the investigations, including fees of officers and witnesses,
22shall be charged to the appropriation for the department.
SB40-CSA1,646,24 23(7) Statistics to be furnished. Whenever the department is required to collect
24statistics, the person or agency shall furnish the required statistics on request.
SB40-CSA1, s. 1320 25Section 1320. 48.578 of the statutes is created to read:
SB40-CSA1,647,4
148.578 Shelter care facilities; establishment, approval, inspection. (1)
2The department shall fix reasonable standards and regulations for the design,
3construction, repair, and maintenance of shelter care facilities, with respect to their
4adequacy and fitness for the needs that they are to serve.
SB40-CSA1,647,8 5(2) The selection and purchase of the site, and the plans, specifications, and
6erection of buildings for shelter care facilities shall be subject to the review and
7approval of the department. Department review shall include review of the proposed
8program to be carried out by the shelter care facility.
SB40-CSA1,647,17 9(3) Before any shelter care facility is occupied, and at least annually thereafter,
10the department shall inspect the shelter care facility, with respect to safety,
11sanitation, adequacy, and fitness, and report to the authorities managing the shelter
12care facility any deficiency found, and order the necessary work to correct that
13deficiency. If within 6 months after the inspection the work is not commenced, or not
14completed within a reasonable period after commencement of the work, to the
15satisfaction of the department, the department shall suspend the allowance of state
16aid for, and prohibit the use of the shelter care facility, until the order is complied
17with.
SB40-CSA1, s. 1321 18Section 1321. 48.60 (3) of the statutes is amended to read:
SB40-CSA1,648,219 48.60 (3) Before issuing or continuing any license to a child welfare agency
20under this section, the department of health and family services shall review the
21need for the additional placement resources that would be made available by
22licensing or continuing the license of any child welfare agency after August 5, 1973,
23providing care authorized under s. 48.61 (3). Neither the department of health and
24family services
nor the department of corrections may make any placements to any

1child welfare agency where the departmental review required under this subsection
2has failed to indicate the need for the additional placement resources.
SB40-CSA1, s. 1322 3Section 1322. 48.62 (4) of the statutes is amended to read:
SB40-CSA1,648,154 48.62 (4) Monthly payments in foster care shall be provided according to the
5age-related rates specified in this subsection. Beginning on January 1, 2006, the
6age-related rates are $317 for a child under 5 years of age; $346 for a child 5 to 11
7years of age; $394 for a child 12 to 14 years of age; and $411
2008, the age-related
8rates are $333 for a child under 5 years of age; $363 for a child 5 to 11 years of age;
9$414 for a child 12 to 14 years of age; and $432 for a child 15 years of age or over.
10Beginning on January 1, 2009, the age-related rates are $349 for a child under 5
11years of age; $381 for a child 5 to 11 years of age; $433 for a child 12 to 14 years of
12age; and $452
for a child 15 years of age or over. In addition to these grants for basic
13maintenance, the department shall make supplemental payments for special needs,
14exceptional circumstances, care in a treatment foster home, and initial clothing
15allowances according to rules promulgated by the department.
SB40-CSA1, s. 1323 16Section 1323. 48.62 (5) (d) of the statutes is amended to read:
SB40-CSA1,649,517 48.62 (5) (d) The department shall request from the secretary of the federal
18department of health and human services a waiver of the requirements under 42
19USC 670
to 679a that would authorize the state to receive federal foster care and
20adoption assistance reimbursement under 42 USC 670 to 679a for the costs of
21providing care for a child who is in the care of a guardian who was licensed as the
22child's foster parent or treatment foster parent before the guardianship appointment
23and who has entered into a subsidized guardianship agreement with the county
24department or department. If the waiver is approved for a county having a
25population of 500,000 or more, the department shall provide the monthly payments

1under par. (a) from the appropriations under s. 20.435 (3) 20.437 (1) (cx), (gx), (kw),
2and (mx). If the waiver is approved for any other county, the department shall
3determine which counties are authorized to provide monthly payments under par.
4(a) or (b), and the county departments of those counties shall provide those payments
5from moneys received under s. 46.495 48.569 (1) (d).
SB40-CSA1, s. 1324 6Section 1324. 48.627 (2) (c) of the statutes is amended to read:
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