LRB-3671/1
GMM:nwn:rs
2009 - 2010 LEGISLATURE
October 20, 2009 - Introduced by Representatives Pasch, Turner, Berceau, Seidel
and Roys, cosponsored by Senators Jauch and
Lehman. Referred to
Committee on Children and Families.
AB510,1,11
1An Act to repeal 48.75 (1g) (d);
to amend 20.410 (3) (ho), 48.57 (3m) (am)
2(intro.), 48.57 (3m) (am) 1., 48.57 (3m) (f), 48.57 (3n) (am) (intro.), 48.57 (3n)
3(am) 1., 48.62 (4), 48.62 (8) (b), 48.75 (1g) (c) (intro.), 48.75 (1g) (c) 1., 48.75 (1g)
4(c) 2., 48.75 (1g) (c) 3., 49.343 (1g), 49.343 (1g), 49.343 (2) (a) and 49.343 (2) (a);
5to repeal and recreate 20.410 (3) (ho), 48.57 (3m) (am) (intro.), 49.343 (1g)
6and 49.343 (2) (a);
to create 48.48 (17) (a) 10m., 48.57 (3m) (ap) and 48.57 (3n)
7(ap) of the statutes; and
to affect 2009 Wisconsin Act 28, section
9408 (6);
8relating to: the monthly rates that are paid for foster care; the levels of care
9that a foster home may provide; licensing of kinship care relatives to operate
10foster homes and, subject to certain exceptions, time limits on the receipt of
11kinship care payments; and licensing of foster homes across county lines.
Analysis by the Legislative Reference Bureau
Introduction. Under current law, any person who receives four or fewer
children or, under certain circumstances, more than four children to provide care and
maintenance for those children must obtain a license to operate a foster home and
is reimbursed for that care and maintenance according to rates specified in the
statutes. A relative other than a parent (kinship care relative) who provides care and
maintenance for a child is not required to obtain a foster home license, but may, if
he or she meets certain conditions, receive monthly payments from the county
department of human services or social services (county department) or, in
Milwaukee County, the Department of Children and Families (DCF) for the care and
maintenance provided for the child (kinship care payments).
This bill makes various changes relating to: 1) the monthly rates that are paid
for foster care and kinship care; 2) the levels of care that a foster home may provide;
3) licensing of kinship care relatives to operate foster homes and, subject to certain
exceptions, time limits on kinship care payments; and 5) licensing of foster homes
across county lines.
Monthly rates for foster care and kinship care. Under current law, a foster
parent who is a relative of the child who is receiving foster care is reimbursed for
basic maintenance at the rate of $215 per month and, beginning on January 1, 2011,
at the rate of $220 per month. Under current law, a foster parent who is a nonrelative
of the child who is receiving foster care is reimbursed for basic maintenance
according to age-related rates specified in the statutes and may receive
supplemental payments that are commensurate with the level of care that the foster
home is licensed to provide and the needs of the child (supplemental payments)
according to rules promulgated by DCF. Under current law, a kinship care relative
who is providing care and maintenance for a child may receive payments in the
amount of $215 per month for the care and maintenance provided for the child.
This bill provides that a foster parent who is licensed to provide the basic level
of care under the rules promulgated by DCF is reimbursed at the rate of $215 per
month and, beginning on January 1, 2011, at the rate of $220 per month, regardless
of whether the foster parent is a relative or a nonrelative of the child who is receiving
foster care. Similarly, the bill also provides that a foster parent who is licensed to
provide care at a level of care that is higher than that basic level of care is reimbursed
according to the current statutory age-related rates and may receive supplemental
payments, regardless of whether the foster parent is a relative or a nonrelative of the
child who is receiving foster care. In addition, beginning on January 1, 2011, the bill
raises the amount paid to a kinship care relative for the care and maintenance of a
child to $220 per month.
Levels of care that a foster home may provide. Under current law, a foster
home that is licensed to provide a given level of care may provide foster care for any
child whose needs are assessed to be at or below the level of care that the foster home
is licensed to provide. This bill also permits a foster home that is licensed to provide
a given level of care to provide foster care for a child whose needs are assessed to be
above that level of care, if support and services sufficient to meet those needs are
provided.
Licensing of kinship care relatives to operate foster homes and time
limits on kinship care payments. The bill requires a kinship care relative who
is providing care and maintenance for a child who is placed in the kinship care
relative's home under an order of the court assigned to exercise jurisdiction under
the Children's Code and the Juvenile Justice Code (juvenile court), as a condition for
the receipt of kinship care payments, to apply for a license to operate a foster home
and, subject to certain exceptions, places time limits on the receipt of kinship care
payments.
Specifically, the bill permits a county department or, in Milwaukee County,
DCF to make kinship care payments to a kinship care relative who is providing care
and maintenance for a child who is placed in the home of the kinship care relative
under a juvenile court order for no more than 60 days after the date on which the
county department or DCF received the completed application of the kinship care
relative for a license to operate a foster home or, if the application is approved or
denied within those 60 days, until the date on which the application is approved or
denied.
If the application is not approved or denied within those 60 days for any reason
other than an act or omission of the kinship care relative, the county department or
DCF may make kinship care payments for four months after the date on which the
county department or DCF received the completed application or, if the application
is approved or denied within those four months, until the date on which the
application is approved or denied.
Notwithstanding that an application of a kinship care relative for a foster home
license is denied, the county department or DCF may make kinship care payments
to the kinship care relative for as long as the kinship care relative continues to meet
the conditions for eligibility for those payments if the county department or DCF
submits to the juvenile court information relating to the background investigation
required when a kinship care relative applies for kinship care payments, an
assessment of the safety of the kinship care relative's home and the ability of the
kinship care relative to care for the child, and a recommendation that the child
remain in the home of the kinship care relative, and the juvenile court, after
considering that information, assessment, and recommendation, orders the child to
remain in the kinship care relative's home.
Similarly, the bill requires a kinship care relative who on the day before the
effective date of the bill is receiving kinship care payments for the care and
maintenance of a child who is placed in the kinship care relative's home under a
juvenile court order to obtain a license to operate a foster home by no later than six
months after the date of the first annual review of the kinship care placement
occurring after the effective date of the bill. If the kinship care relative refuses to
obtain such a license or is unable to meet the minimum requirements for the issuance
of such a license, at the first permanency plan review or permanency plan hearing
occurring after the date by which the kinship care relative is required to obtain the
license, the agency that prepared the child's permanency plan must make a
recommendation, and the juvenile court or panel conducting the review or hearing
must make a determination, regarding the continuing necessity for and safety and
appropriateness of the placement. If the juvenile court or panel determines that the
placement continues to be necessary, safe, and appropriate, the child may remain in
the placement and the kinship care relative may continue to receive kinship care
payments.
Licensing of foster homes across county lines. Under current law, a county
department or, in Milwaukee County, DCF (collectively "public licensing agency")
may license a foster home that is located in another county if the person who will be
licensed is a relative or guardian of the child, the foster parent moves with the child
to the other county and the license will allow the foster parent to continue to care for
the child, or the counties are contiguous. A public licensing agency, however, may
not license a foster home in another county under those circumstances unless the
public licensing agency issuing the license and the public licensing agency of the
other county enter into a written agreement that includes: 1) a statement that the
public licensing agency issuing the license has placement and care responsibility for
the child and has primary responsibility for providing services to the child, as
specified in the agreement; 2) a statement that the public licensing agency issuing
the license is responsible for the costs of the placement and any related costs, as
specified in the agreement; and 3) a description of the procedures to be followed in
providing emergency services to the child and to the foster parent, as specified in the
agreement.
This bill permits a public licensing agency to license a foster home in another
county under those circumstances without entering into an agreement with the
public licensing agency of the other county. The public licensing agency issuing the
license, however, is still required to have placement and care responsibility for the
child and primary responsibility for providing services to the child, is still
responsible for the costs of the placement and any related costs, and must have in
place procedures to be followed in providing emergency services to the child and to
the foster parent.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB510,5,113
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
4providing foster care, treatment foster care, group home care, and institutional child
5care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52.
6All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment
7for providing foster care, treatment foster care, group home care, and institutional
8child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and
1938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation
2account. If moneys generated by the daily rate exceed actual fiscal year foster care,
3treatment foster care, group home care, and institutional child care costs by 2% or
4more, all moneys in excess of 2% shall be remitted to the counties during the
5subsequent calendar year or transferred to the appropriation account under par. (kx)
6during the subsequent fiscal year. Each county and the department shall receive a
7proportionate share of the remittance and transfer depending on the total number
8of days of placement in foster care, treatment foster care, group home care, or
9institutional child care. Counties shall use the funds for purposes specified in s.
10301.26. The department shall deposit in the general fund the amounts transferred
11under this paragraph to the appropriation account under par. (kx).
AB510, s. 2
12Section
2. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act ....
13(this act), is amended to read:
AB510,6,514
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
15providing foster care,
treatment foster care, group home care, and institutional child
16care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52.
17All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment
18for providing foster care,
treatment foster care, group home care, and institutional
19child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and
20938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation
21account. If moneys generated by the daily rate exceed actual fiscal year foster care,
22treatment foster care, group home care, and institutional child care costs by 2% or
23more, all moneys in excess of 2% shall be remitted to the counties during the
24subsequent calendar year or transferred to the appropriation account under par. (kx)
25during the subsequent fiscal year. Each county and the department shall receive a
1proportionate share of the remittance and transfer depending on the total number
2of days of placement in foster care,
treatment foster care, group home care, or
3institutional child care. Counties shall use the funds for purposes specified in s.
4301.26. The department shall deposit in the general fund the amounts transferred
5under this paragraph to the appropriation account under par. (kx).
AB510, s. 3
6Section
3. 48.48 (17) (a) 10m. of the statutes is created to read:
AB510,6,87
48.48
(17) (a) 10m. Administer kinship care and long-term kinship care as
8provided in s. 48.57 (3m), (3n), and (3p).
AB510,6,1811
48.57
(3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the
12department shall reimburse counties having populations of less than 500,000 for
13payments made under this subsection and shall make payments under this
14subsection in a county having a population of 500,000 or more.
A Subject to par. (ap),
15a county department and, in a county having a population of 500,000 or more, the
16department shall make payments in the amount of $215 per month to a kinship care
17relative who is providing care and maintenance for a child if all of the following
18conditions are met:
AB510, s. 5
19Section
5. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2009
20Wisconsin Act .... (this act), is repealed and recreated to read:
AB510,7,321
48.57
(3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the
22department shall reimburse counties having populations of less than 500,000 for
23payments made under this subsection and shall make payments under this
24subsection in a county having a population of 500,000 or more. Subject to par. (ap),
25a county department and, in a county having a population of 500,000 or more, the
1department shall make payments in the amount of $220 per month to a kinship care
2relative who is providing care and maintenance for a child if all of the following
3conditions are met:
AB510, s. 6
4Section
6. 48.57 (3m) (am) 1. of the statutes is amended to read:
AB510,7,85
48.57
(3m) (am) 1. The kinship care relative applies to the county department
6or department for payments under this subsection and
the
, if the child is placed in
7the home of the kinship care relative under a court order, for a license to operate a
8foster home under s. 48.62 (1).
AB510,7,11
91m. The county department or department determines that there is a need for
10the child to be placed with the kinship care relative and that the placement with the
11kinship care relative is in the best interests of the child.
AB510, s. 7
12Section
7. 48.57 (3m) (ap) of the statutes is created to read:
AB510,7,2013
48.57
(3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
14county having a population of 500,000 or more, the department may make payments
15under par. (am) to a kinship care relative who is providing care and maintenance for
16a child who is placed in the home of the kinship care relative under a court order for
17no more than 60 days after the date on which the county department or department
18received under par. (am) 1. the completed application of the kinship care relative for
19a license to operate a foster home or, if the application is approved or denied within
20those 60 days, until the date on which the application is approved or denied.
AB510,8,221
2. If the application specified in subd. 1. is not approved or denied within 60
22days after the date on which the county department or department received the
23completed application for any reason other than an act or omission of the kinship care
24relative, the county department or department may make payments under par. (am)
25for 4 months after the date on which the county department or department received
1the completed application or, if the application is approved or denied within those 4
2months, until the date on which the application is approved or denied.
AB510,8,173
3. Notwithstanding that an application of a kinship care relative specified in
4subd. 1. is denied, the county department or, in a county having a population of
5500,000 or more, the department may make payments under par. (am) to the kinship
6care relative for as long as the conditions specified in par. (am) 1. to 6. continue to
7apply if the county department or department submits to the court information
8relating to the background investigation specified in par. (am) 4., an assessment of
9the safety of the kinship care relative's home and the ability of the kinship care
10relative to care for the child, and a recommendation that the child remain in the home
11of the kinship care relative and the court, after considering that information,
12assessment, and recommendation, orders the child to remain in the kinship care
13relative's home. If the court does not order the child to remain in the kinship care
14relative's home, the court shall order the county department or department to
15request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any
16person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change
17in placement
AB510, s. 8
18Section
8. 48.57 (3m) (f) of the statutes is amended to read:
AB510,8,2419
48.57
(3m) (f) Any person whose application for payments under par. (am) is
20not acted on promptly or is denied on the grounds that a condition specified in par.
21(am) 1.,
1m., 2., 5.
, or 6. has not been met and any person whose payments under par.
22(am) are discontinued under par. (d) may petition the department under par. (g) for
23a review of that action or failure to act. Review is unavailable if the action or failure
24to act arose more than 45 days before submission of the petition for review.
AB510,9,103
48.57
(3n) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the
4department shall reimburse counties having populations of less than 500,000 for
5payments made under this subsection and shall make payments under this
6subsection in a county having a population of 500,000 or more.
A Subject to par. (ap),
7a county department and, in a county having a population of 500,000 or more, the
8department shall make monthly payments for each child in the amount specified in
9sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and
10maintenance for that child if all of the following conditions are met:
AB510, s. 10
11Section
10. 48.57 (3n) (am) 1. of the statutes is amended to read:
AB510,9,1512
48.57
(3n) (am) 1. The long-term kinship care relative applies to the county
13department or department for payments under this subsection
, applies for a license
14to operate a foster home under s. 48.62 (1), and provides proof that he or she has been
15appointed as the guardian of the child under s. 48.977 (2).
AB510, s. 11
16Section
11. 48.57 (3n) (ap) of the statutes is created to read:
AB510,9,2517
48.57
(3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
18county having a population of 500,000 or more, the department may make payments
19under par. (am) to a long-term kinship care relative who is providing care and
20maintenance for a child who is placed in the home of the long-term kinship care
21relative for no more than 60 days after the date on which the county department or
22department received under par. (am) 1. the completed application of the long-term
23kinship care relative for a license to operate a foster home or, if the application is
24approved or denied within those 60 days, until the date on which the application is
25approved or denied.
AB510,10,8
12. If the application specified in subd. 1. is not approved or denied within 60
2days after the date on which the county department or department received the
3completed application for any reason other than an act or omission of the long-term
4kinship care relative, the county department or department may make payments
5under par. (am) for 4 months after the date on which the county department or
6department received the completed application or, if the application is approved or
7denied within those 4 months, until the date on which the application is approved
8or denied.
AB510,10,259
3. Notwithstanding that an application of a long-term kinship care relative
10specified in subd. 1. is denied, the county department or, in a county having a
11population of 500,000 or more, the department may make payments under par. (am)
12to the long-term kinship care relative until an event specified in par. (am) 6. a. to f.
13occurs if the county department or department submits to the court information
14relating to the background investigation specified in par. (am) 4., an assessment of
15the safety of the long-term kinship care relative's home and the ability of the
16long-term kinship care relative to care for the child, and a recommendation that the
17child remain in the home of the long-term kinship care relative and the court, after
18considering that information, assessment, and recommendation, orders the child to
19remain in the long-term kinship care relative's home. If the court does not order the
20child to remain in the kinship care relative's home, the court shall order the county
21department or department to request a change in placement under s. 48.357 (1) (am)
22or 938.357 (1) (am) or to request a termination of the guardianship order under s.
2348.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also
24request a change in placement and any person specified in s. 48.977 (4) (a) may also
25request a termination of the guardianship order.
AB510,11,233
48.62 (4) Monthly payments in foster care shall be provided according to the
4rates specified in this subsection. Beginning on January 1, 2010, the rates are $215
5for care and maintenance provided
by a relative of a child of any age for a child of any
6age by a foster home that is licensed to provide the basic level of care under the rules
7promulgated under sub. (8) (a) and, for care and maintenance provided by a
8nonrelative foster home that is licensed to provide care at a level of care that is higher
9than that basic level of care, $349 for a child under 5 years of age; $381 for a child
105 to 11 years of age; $433 for a child 12 to 14 years of age; and $452 for a child 15 years
11of age or over. Beginning on January 1, 2011, the rates are $220 for care and
12maintenance provided
by a relative of a child of any age for a child of any age by a
13foster home that is licensed to provide the basic level of care under the rules
14promulgated under sub. (8) (a) and, for care and maintenance provided by a
15nonrelative foster home that is licensed to provide care at a level of care that is higher
16than that basic level of care, $366 for a child under 5 years of age; $400 for a child
175 to 11 years of age; $455 for a child 12 to 14 years of age; and $475 for a child 15 years
18of age or over. In addition to these grants for basic maintenance, the department
19shall make supplemental payments for foster care to a foster home that is receiving
20an age-related rate under this subsection that are commensurate with the level of
21care that the foster home is licensed to provide and the needs of the child who is
22placed in the foster home according to the rules promulgated by the department
23under sub. (8) (c).
AB510,12,8
148.62
(8) (b) Rules establishing a standardized assessment tool to assess the
2needs of a child placed or to be placed outside the home, to determine the level of care
3that is required to meet those needs, and to place the child in a placement that meets
4those needs. A foster home that is licensed to provide a given level of care under par.
5(a) may provide foster care for any child whose needs are assessed to be at or below
6the level of care that the foster home is licensed to provide
or, if support and services
7sufficient to meet the child's needs are provided, may provide foster care for a child
8whose needs are assessed to be above that level of care.
AB510, s. 14
9Section
14. 48.75 (1g) (c) (intro.) of the statutes is amended to read:
AB510,12,1810
48.75
(1g) (c) (intro.)
No license may be issued under par. (a) 1., 2. or 3. unless
11the public licensing agency issuing the license has notified the public licensing
12agency of the county in which the foster home will be located of its intent to issue the
13license and the 2 public licensing agencies have entered into a written agreement
14under this paragraph. A public licensing agency is not required to enter into any
15agreement under this paragraph allowing the public licensing agency of another
16county to license a foster home within its jurisdiction. The written agreement shall
17include all All of the following
apply to a public licensing agency that issues a license
18under par. (a) 1., 2., or 3.: