AB75-SSA1,497,924 48.427 (1m) In addition to any evidence presented under sub. (1), the court
25shall give the foster parent, treatment foster parent or other physical custodian

1described in s. 48.62 (2) of the child an opportunity to be heard at the dispositional
2hearing by permitting the foster parent, treatment foster parent or other physical
3custodian to make a written or oral statement during the dispositional hearing, or
4to submit a written statement prior to disposition, relevant to the issue of disposition.
5A foster parent, treatment foster parent or other physical custodian described in s.
648.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and an opportunity
7to be heard under this subsection does not become a party to the proceeding on which
8the hearing is held solely on the basis of receiving that notice and opportunity to be
9heard.
AB75-SSA1, s. 972 10Section 972. 48.427 (3m) (a) 5. of the statutes is amended to read:
AB75-SSA1,497,1311 48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has
12filed a petition to adopt the child or if the relative is a kinship care relative receiving
13payments under s. 48.62 (4) for providing care and maintenance for the child
.
AB75-SSA1, s. 973 14Section 973. 48.427 (3m) (am) of the statutes is amended to read:
AB75-SSA1,497,1915 48.427 (3m) (am) Transfer guardianship and custody of the child to a county
16department authorized to accept guardianship under s. 48.57 (1) (hm) for placement
17of the child for adoption by the child's foster parent or treatment foster parent, if the
18county department has agreed to accept guardianship and custody of the child and
19the foster parent or treatment foster parent has agreed to adopt the child.
AB75-SSA1, s. 974 20Section 974. 48.428 (2) (a) of the statutes is amended to read:
AB75-SSA1,498,521 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
22sustaining care after an order under s. 48.427 (4), the court shall transfer legal
23custody of the child to the county department, the department, in a county having
24a population of 500,000 or more, or a licensed child welfare agency, transfer
25guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and

1place the child in the home of a licensed foster parent, licensed treatment foster
2parent, or kinship care relative
with whom the child has resided for 6 months or
3longer. Pursuant to such a the placement, this licensed foster parent, licensed
4treatment foster parent, or kinship care relative
shall be a sustaining parent with
5the powers and duties specified in sub. (3).
AB75-SSA1, s. 975 6Section 975. 48.428 (2) (b) of the statutes is amended to read:
AB75-SSA1,498,187 48.428 (2) (b) When a court places a child in sustaining care after an order
8under s. 48.427 (4) with a person who has been appointed as the guardian of the child
9under s. 48.977 (2), the court may transfer legal custody of the child to the county
10department, the department, in a county having a population of 500,000 or more, or
11a licensed child welfare agency, transfer guardianship of the child to an agency listed
12in s. 48.427 (3m) (a) 1. to 4. or (am) and place the child in the home of a licensed foster
13parent, licensed treatment foster parent, or kinship care relative with whom the
14child has resided for 6 months or longer. Pursuant to such a the placement, that
15licensed foster parent, licensed treatment foster parent, or kinship care relative shall
16be a sustaining parent with the powers and duties specified in sub. (3). If the court
17transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.
18or (am), the court shall terminate the guardianship under s. 48.977.
AB75-SSA1, s. 976 19Section 976. 48.428 (4) of the statutes is amended to read:
AB75-SSA1,499,420 48.428 (4) Before a licensed foster parent, licensed treatment foster parent or
21kinship care relative
may be appointed as a sustaining parent, the foster parent,
22treatment foster parent or kinship care relative
shall execute a contract with the
23agency responsible for providing services to the child, in which the foster parent,
24treatment foster parent or kinship care relative
agrees to provide care for the child
25until the child's 18th birthday unless the placement order is changed by the court

1because the court finds that the sustaining parents are no longer able or willing to
2provide the sustaining care or the court finds that the behavior of the sustaining
3parents toward the child would constitute grounds for the termination of parental
4rights if the sustaining parent was the birth parent of the child.
AB75-SSA1, s. 977 5Section 977. 48.43 (5) (b) of the statutes is amended to read:
AB75-SSA1,499,126 48.43 (5) (b) The court shall hold a hearing to review the permanency plan
7within 30 days after receiving a report under par. (a). At least 10 days before the date
8of the hearing, the court shall provide notice of the time, date, and purpose of the
9hearing to the agency that prepared the report, the child's guardian, the child, if he
10or she is 12 years of age or over, and the child's foster parent, treatment foster parent,
11other physical custodian described in s. 48.62 (2), or the operator of the facility in
12which the child is living.
AB75-SSA1, s. 978 13Section 978. 48.43 (5m) of the statutes is amended to read:
AB75-SSA1,499,1714 48.43 (5m) Either the court or the agency that prepared the permanency plan
15shall furnish a copy of the original plan and each revised plan to the child, if he or
16she is 12 years of age or over, and to the child's foster parent, the child's treatment
17foster parent
or the operator of the facility in which the child is living.
AB75-SSA1, s. 979 18Section 979. 48.47 (40) of the statutes is created to read:
AB75-SSA1,499,2019 48.47 (40) Foster care public information. Conduct a foster care public
20information campaign.
AB75-SSA1, s. 980 21Section 980. 48.48 (9) of the statutes is amended to read:
AB75-SSA1,499,2422 48.48 (9) To license foster homes or treatment foster homes as provided in s.
2348.66 (1) (a) for its own use or for the use of licensed child welfare agencies or, if
24requested to do so, for the use of county departments.
AB75-SSA1, s. 981 25Section 981. 48.48 (17) (a) 3. of the statutes is amended to read:
AB75-SSA1,500,13
148.48 (17) (a) 3. Provide appropriate protection and services for children and
2the expectant mothers of unborn children in its care, including providing services for
3those children and their families and for those expectant mothers in their own
4homes, placing the children in licensed foster homes, treatment foster homes, or
5group homes in this state or another state within a reasonable proximity to the
6agency with legal custody, placing the children in the homes of guardians under s.
748.977 (2), or contracting for services for those children by licensed child welfare
8agencies, except that the department may not purchase the educational component
9of private day treatment programs unless the department, the school board, as
10defined in s. 115.001 (7), and the state superintendent of public instruction all
11determine that an appropriate public education program is not available. Disputes
12between the department and the school district shall be resolved by the state
13superintendent of public instruction.
AB75-SSA1, s. 982 14Section 982. 48.48 (17) (a) 8. of the statutes is amended to read:
AB75-SSA1,500,1615 48.48 (17) (a) 8. License foster homes or treatment foster homes in accordance
16with s. 48.75.
AB75-SSA1, s. 983 17Section 983. 48.48 (17) (a) 10. of the statutes is repealed.
AB75-SSA1, s. 984 18Section 984. 48.48 (17) (c) 4. of the statutes is amended to read:
AB75-SSA1,500,2119 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home,
20or residential care center for children and youth , or subsidized guardianship home
21under s. 48.62 (5)
.
AB75-SSA1, s. 985 22Section 985 . 48.48 (17) (c) 4. of the statutes, as affected by 2009 Wisconsin Act
23.... (this act), is amended to read:
AB75-SSA1,500,2524 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home,
25residential care center for children and youth.
AB75-SSA1, s. 986
1Section 986. 48.481 (1) (a) of the statutes is amended to read:
AB75-SSA1,501,112 48.481 (1) (a) The department shall distribute $497,200 in each fiscal year to
3counties for the purpose of supplementing payments for the care of an individual who
4attains age 18 after 1986 and who resided in a foster home or a treatment foster home
5licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and,
6for at least 2 years, received exceptional foster care or treatment foster care
7payments for exceptional circumstances in order to avoid institutionalization, as
8provided under rules promulgated by the department, so that the individual may live
9in a family home or other noninstitutional situation after attaining age 18. No
10county may use funds provided under this paragraph to replace funds previously
11used by the county for this purpose.
AB75-SSA1, s. 987 12Section 987. 48.52 (1) (a) of the statutes is amended to read:
AB75-SSA1,501,1313 48.52 (1) (a) Receiving homes to be used for the temporary care of children;.
AB75-SSA1, s. 988 14Section 988. 48.52 (1) (b) of the statutes is amended to read:
AB75-SSA1,501,1515 48.52 (1) (b) Foster homes or treatment foster homes;.
AB75-SSA1, s. 989 16Section 989. 48.52 (1) (c) of the statutes is amended to read:
AB75-SSA1,501,1717 48.52 (1) (c) Group homes; and.
AB75-SSA1, s. 989f 18Section 989f. 48.545 (2) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,502,219 48.545 (2) (a) (intro.) From the appropriations under s. 20.437 (1) (eg) and (nL),
20the department shall distribute $2,125,200 in each fiscal year to applying nonprofit
21corporations and public agencies operating in a county having a population of
22500,000 or more and $1,199,300, $1,144,300 in each fiscal year to applying county
23departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than
24a county having a population of 500,000 or more, and $55,000 in each fiscal year to

1the Gay Straight Alliance for Safe Schools, Inc.
to provide programs to accomplish
2all of the following:
AB75-SSA1, s. 989s 3Section 989s. 48.563 (2) of the statutes is amended to read:
AB75-SSA1,502,74 48.563 (2) Basic county allocation. For children and family services under
5s. 48.569 (1) (d), the department shall distribute not more than $67,452,000 in each
6$51,577,400 in fiscal year 2009-10 and not more than $63,264,700 in fiscal year
72010-11 and in each fiscal year thereafter
.
AB75-SSA1, s. 990 8Section 990. 48.569 (1) (d) of the statutes is amended to read:
AB75-SSA1,502,229 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b) and (o), the
10department shall distribute the funding for children and family services, including
11funding for foster care, treatment foster care, or subsidized guardianship care of a
12child on whose behalf aid is received under s. 48.645 to county departments as
13provided under s. 48.563. County matching funds are required for the distribution
14under s. 48.563 (2). Each county's required match for the distribution under s. 48.563
15(2) shall be specified in a schedule established annually by the department.
16Matching funds may be from county tax levies, federal and state revenue sharing
17funds, or private donations to the county that meet the requirements specified in sub.
18(1m). Private donations may not exceed 25 percent of the total county match. If the
19county match is less than the amount required to generate the full amount of state
20and federal funds distributed for this period, the decrease in the amount of state and
21federal funds equals the difference between the required and the actual amount of
22county matching funds.
AB75-SSA1, s. 991 23Section 991. 48.57 (1) (c) of the statutes is amended to read:
AB75-SSA1,503,1124 48.57 (1) (c) To provide appropriate protection and services for children and the
25expectant mothers of unborn children in its care, including providing services for

1those children and their families and for those expectant mothers in their own
2homes, placing those children in licensed foster homes, treatment foster homes, or
3group homes in this state or another state within a reasonable proximity to the
4agency with legal custody, placing those children in the homes of guardians under
5s. 48.977 (2), or contracting for services for those children by licensed child welfare
6agencies, except that the county department may not purchase the educational
7component of private day treatment programs unless the county department, the
8school board, as defined in s. 115.001 (7), and the state superintendent of public
9instruction all determine that an appropriate public education program is not
10available. Disputes between the county department and the school district shall be
11resolved by the state superintendent of public instruction.
AB75-SSA1, s. 992 12Section 992. 48.57 (1) (hm) of the statutes is amended to read:
AB75-SSA1,503,1713 48.57 (1) (hm) If a county department in a county with a population of less than
14500,000, to accept guardianship, when appointed by the court, of a child whom the
15county department has placed in a foster home or treatment foster home under a
16court order or voluntary agreement under s. 48.63 and to place that child under its
17guardianship for adoption by the foster parent or treatment foster parent.
AB75-SSA1, s. 993 18Section 993. 48.57 (1) (i) of the statutes is amended to read:
AB75-SSA1,503,2019 48.57 (1) (i) To license foster homes or treatment foster homes in accordance
20with s. 48.75.
AB75-SSA1, s. 994 21Section 994. 48.57 (3) (a) 4. of the statutes is amended to read:
AB75-SSA1,503,2422 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home,
23residential care center for children and youth, or subsidized guardianship home
24under s. 48.62 (5).
AB75-SSA1, s. 995
1Section 995. 48.57 (3m) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), sections 996 and 997, is repealed.
AB75-SSA1, s. 996 3Section 996 . 48.57 (3m) (am) (intro.) of the statutes is amended to read:
AB75-SSA1,504,104 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2)
5(md)
, the department shall reimburse counties having populations of less than
6500,000 for payments made under this subsection and shall make payments under
7this subsection in a county having a population of 500,000 or more. A county
8department and, in a county having a population of 500,000 or more, the department
9shall make payments in the amount of $215 per month to a kinship care relative who
10is providing care and maintenance for a child if all of the following conditions are met:
AB75-SSA1, s. 997 11Section 997 . 48.57 (3m) (b) 2. of the statutes is amended to read:
AB75-SSA1,504,2312 48.57 (3m) (b) 2. When any kinship care relative of a child applies for or
13receives payments under this subsection, any right of the child or the child's parent
14to support or maintenance from any other person, including any right to unpaid
15amounts accrued at the time of application and any right to amounts
accruing during
16the time that payments are made under this subsection, is assigned to the state. If
17a child who is the beneficiary of a payment under this subsection is also the
18beneficiary of support under a judgment or order that includes support for one or
19more children who are not the beneficiaries of payments under this subsection, any
20support payment made under the judgment or order is assigned to the state in the
21amount that is the proportionate share of the child who is the beneficiary of the
22payment made under this subsection, except as otherwise ordered by the court on the
23motion of a party.
AB75-SSA1, s. 998 24Section 998. 48.57 (3n) of the statutes, as affected by 2009 Wisconsin Act ....
25(this act), sections 999 and 1000, is repealed.
AB75-SSA1, s. 999
1Section 999 . 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB75-SSA1,505,92 48.57 (3n) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md),
3the department shall reimburse counties having populations of less than 500,000 for
4payments made under this subsection and shall make payments under this
5subsection in a county having a population of 500,000 or more. A county department
6and, in a county having a population of 500,000 or more, the department shall make
7monthly payments for each child in the amount specified in sub. (3m) (am) (intro.)
8to a long-term kinship care relative who is providing care and maintenance for that
9child if all of the following conditions are met:
AB75-SSA1, s. 1000 10Section 1000 . 48.57 (3n) (b) 2. of the statutes is amended to read:
AB75-SSA1,505,2111 48.57 (3n) (b) 2. When any long-term kinship care relative of a child applies
12for or receives payments under this subsection, any right of the child or the child's
13parent to support or maintenance from any other person, including any right to
14unpaid amounts accrued at the time of application and any right to amounts
accruing
15during the time that payments are made under this subsection, is assigned to the
16state. If a child is the beneficiary of support under a judgment or order that includes
17support for one or more children who are not the beneficiaries of payments under this
18subsection, any support payment made under the judgment or order is assigned to
19the state in the amount that is the proportionate share of the child who is the
20beneficiary of the payment made under this subsection, except as otherwise ordered
21by the court on the motion of a party.
AB75-SSA1, s. 1001 22Section 1001. 48.57 (3p) of the statutes is repealed.
AB75-SSA1, s. 1002 23Section 1002. 48.57 (3t) of the statutes is repealed.
AB75-SSA1, s. 1003 24Section 1003. 48.60 (2) (e) of the statutes is amended to read:
AB75-SSA1,505,2525 48.60 (2) (e) A licensed foster home or a licensed treatment foster home.
AB75-SSA1, s. 1004
1Section 1004. 48.61 (3) of the statutes is amended to read:
AB75-SSA1,506,52 48.61 (3) To provide appropriate care and training for children in its legal or
3physical custody and, if licensed to do so, to place children in licensed foster homes,
4licensed treatment foster homes,
and licensed group homes and in the homes of
5guardians under s. 48.977 (2).
AB75-SSA1, s. 1005 6Section 1005. 48.61 (7) of the statutes is amended to read:
AB75-SSA1,506,87 48.61 (7) To license foster homes or treatment foster homes in accordance with
8s. 48.75 if licensed to do so.
AB75-SSA1, s. 1006 9Section 1006. 48.615 (1) (b) of the statutes is amended to read:
AB75-SSA1,506,1410 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to
11a child welfare agency that places children in licensed foster homes, licensed
12treatment foster homes, and
licensed group homes, and in the homes of guardians
13under s. 48.977 (2), the child welfare agency must pay to the department a biennial
14fee of $254.10.
AB75-SSA1, s. 1007 15Section 1007. Subchapter XIV (title) of chapter 48 [precedes 48.619] of the
16statutes is amended to read:
AB75-SSA1,506,1717 CHAPTER 48
AB75-SSA1,506,1818 SUBCHAPTER XIV
AB75-SSA1,506,1919 FOSTER HOMES AND TREATMENT FOSTER HOMES
AB75-SSA1, s. 1008 20Section 1008. 48.619 of the statutes is amended to read:
AB75-SSA1,507,4 2148.619 Definition. In this subchapter, "child" means a person under 18 years
22of age and also includes, for purposes of counting the number of children for whom
23a foster home, treatment foster home, or group home may provide care and
24maintenance, a person 18 years of age or over, but under 19 years of age, who is a
25full-time student at a secondary school or its vocational or technical equivalent, who

1is reasonably expected to complete the program before reaching 19 years of age, who
2was residing in the foster home, treatment foster home, or group home immediately
3prior to his or her 18th birthday, and who continues to reside in that foster home,
4treatment foster home,
or group home.
AB75-SSA1, s. 1009 5Section 1009. 48.62 (title) of the statutes is amended to read:
AB75-SSA1,507,7 648.62 (title) Licensing of foster homes and treatment foster homes;
7rates.
AB75-SSA1, s. 1010 8Section 1010. 48.62 (1) (a) of the statutes is renumbered 48.62 (1).
AB75-SSA1, s. 1011 9Section 1011. 48.62 (1) (b) of the statutes is repealed.
AB75-SSA1, s. 1012 10Section 1012. 48.62 (2) of the statutes is amended to read:
AB75-SSA1,507,2511 48.62 (2) A relative,, or a guardian of a child who provides care and
12maintenance for the child is not required to obtain the license specified in this
13section. The department, county department, or licensed child welfare agency as
14provided in s. 48.75 may issue a license to operate a foster home or a treatment foster
15home
to a relative who has no duty of support under s. 49.90 (1) (a) and who requests
16a license to operate a foster home or treatment foster home for a specific child who
17is either placed by court order or who is the subject of a voluntary placement
18agreement under s. 48.63. The department, a county department, or a licensed child
19welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978,
20ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home or
21treatment foster home
for the guardian's minor ward who is living in the home and
22who is placed in the home by court order. Relatives with no duty of support and
23guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who
24are licensed to operate foster homes or treatment foster homes are subject to the
25department's licensing rules.
AB75-SSA1, s. 1013
1Section 1013. 48.62 (3) of the statutes is amended to read:
AB75-SSA1,508,62 48.62 (3) When the department, a county department , or a child welfare agency
3issues a license to operate a foster home or a treatment foster home, the department,
4county department, or child welfare agency shall notify the clerk of the school district
5in which the foster home or treatment foster home is located that a foster home or
6treatment foster home
has been licensed in the school district.
AB75-SSA1, s. 1014d 7Section 1014d. 48.62 (4) of the statutes is amended to read:
AB75-SSA1,508,238 48.62 (4) Monthly payments in foster care shall be provided according to the
9age-related rates specified in this subsection. Beginning on January 1, 2008 2010,
10the age-related rates are $333 $215 for care and maintenance provided by a relative
11of a child of any age and, for care and maintenance provided by a nonrelative, $349

12for a child under 5 years of age; $363 $381 for a child 5 to 11 years of age; $414 $433
13for a child 12 to 14 years of age; and $432 $452 for a child 15 years of age or over.
14Beginning on January 1, 2009 2011, the age-related rates are $349 $220 for care and
15maintenance provided by a relative of a child of any age and, for care and
16maintenance provided by a nonrelative, $366
for a child under 5 years of age; $381
17$400 for a child 5 to 11 years of age; $433 $455 for a child 12 to 14 years of age; and
18$452 $475 for a child 15 years of age or over. In addition to these grants for basic
19maintenance, the department shall make supplemental payments for special needs,
20exceptional circumstances, care in a treatment foster home, and initial clothing
21allowances
foster care that are commensurate with the level of care that the foster
22home is licensed to provide and the needs of the child who is placed in the foster home

23according to the rules promulgated by the department under sub. (8) (c).
AB75-SSA1, s. 1015 24Section 1015. 48.62 (5) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,509,9
148.62 (5) (a) (intro.) Subject to par. (d), a county department or, in a county
2having a population of 500,000 or more, the department shall provide monthly
3subsidized guardianship payments in the amount specified in par. (e) to a guardian
4of a child under s. 48.977 (2) or under a substantially similar tribal law or law of
5another state who was licensed as the child's foster parent or treatment foster parent
6before the guardianship appointment and who has entered into a subsidized
7guardianship agreement with the county department or department if the guardian
8meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the
9following conditions:
AB75-SSA1, s. 1016 10Section 1016. 48.62 (5) (c) 2. of the statutes is amended to read:
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