SB361: Bill Text

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:

SB361, s. 1 Section 1. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act 28, sections 315, 316 and 317, is repealed and recreated to read:

SB361,5,11 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate exceed actual fiscal year foster care, treatment foster care, group home care, and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care, or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB361, s. 2 Section 2. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB361,6,5 20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care, and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation account. If moneys generated by the daily rate exceed actual fiscal year foster care, treatment foster care, group home care, and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care, or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

SB361, s. 3 Section 3. 48.48 (17) (a) 10m. of the statutes is created to read:

SB361,6,8 48.48 (17) (a) 10m. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n), and (3p).

SB361, s. 4 Section 4. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB361,6,18 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

SB361, s. 5 Section 5. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB361,7,3 48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $220 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

SB361, s. 6 Section 6. 48.57 (3m) (am) 1. of the statutes is amended to read:

SB361,7,8 48.57 (3m) (am) 1. The kinship care relative applies to the county department or department for payments under this subsection and the , if the child is placed in the home of the kinship care relative under a court order, for a license to operate a foster home under s. 48.62 (1).

SB361,7,11 1m. The county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.

SB361, s. 7 Section 7. 48.57 (3m) (ap) of the statutes is created to read:

SB361,7,20 48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) 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 court order for no more than 60 days after the date on which the county department or department received under par. (am) 1. 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.

SB361,8,2 2. If the application specified in subd. 1. is not approved or denied within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied within those 4 months, until the date on which the application is approved or denied.

SB361,8,17 3. Notwithstanding that an application of a kinship care relative specified in subd. 1. is denied, the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to the kinship care relative for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., 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 court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's home. If the court does not order the child to remain in the kinship care relative's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement

SB361, s. 8 Section 8. 48.57 (3m) (f) of the statutes is amended to read:

SB361,8,24 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 1m., 2., 5., or 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

SB361, s. 9 Section 9. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB361,9,10 48.57 (3n) (am) (intro.) From the appropriation under s. 20.437 (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A Subject to par. (ap), a county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

SB361, s. 10 Section 10. 48.57 (3n) (am) 1. of the statutes is amended to read:

SB361,9,15 48.57 (3n) (am) 1. The long-term kinship care relative applies to the county department or department for payments under this subsection, applies for a license to operate a foster home under s. 48.62 (1), and provides proof that he or she has been appointed as the guardian of the child under s. 48.977 (2).

SB361, s. 11 Section 11. 48.57 (3n) (ap) of the statutes is created to read:

SB361,9,25 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to a long-term kinship care relative who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term 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.

SB361,10,8 2. If the application specified in subd. 1. is not approved or denied within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care relative, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied within those 4 months, until the date on which the application is approved or denied.

SB361,10,25 3. Notwithstanding that an application of a long-term kinship care relative specified in subd. 1. is denied, the county department or, in a county having a population of 500,000 or more, the department may make payments under par. (am) to the long-term kinship care relative until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care relative's home and the ability of the long-term kinship care relative to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative's home. If the court does not order the child to remain in the kinship care relative's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person specified in s. 48.977 (4) (a) may also request a termination of the guardianship order.

SB361, s. 12 Section 12. 48.62 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB361,11,23 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2010, the rates are $215 for care and maintenance provided by a relative of a child of any age for a child of any age by a foster home that is licensed to provide the basic level of care under the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a nonrelative foster home that is licensed to provide care at a level of care that is higher than that basic level of care, $349 for a child under 5 years of age; $381 for a child 5 to 11 years of age; $433 for a child 12 to 14 years of age; and $452 for a child 15 years of age or over. Beginning on January 1, 2011, the rates are $220 for care and maintenance provided by a relative of a child of any age for a child of any age by a foster home that is licensed to provide the basic level of care under the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a nonrelative foster home that is licensed to provide care at a level of care that is higher than that basic level of care, $366 for a child under 5 years of age; $400 for a child 5 to 11 years of age; $455 for a child 12 to 14 years of age; and $475 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

SB361, s. 13 Section 13. 48.62 (8) (b) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB361,12,8 48.62 (8) (b) Rules establishing a standardized assessment tool to assess the needs of a child placed or to be placed outside the home, to determine the level of care that is required to meet those needs, and to place the child in a placement that meets those needs. A foster home that is licensed to provide a given level of care under par. (a) 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 or, if support and services sufficient to meet the child's needs are provided, may provide foster care for a child whose needs are assessed to be above that level of care.

SB361, s. 14 Section 14. 48.75 (1g) (c) (intro.) of the statutes is amended to read:

SB361,12,18 48.75 (1g) (c) (intro.) No license may be issued under par. (a) 1., 2. or 3. unless the public licensing agency issuing the license has notified the public licensing agency of the county in which the foster home will be located of its intent to issue the license and the 2 public licensing agencies have entered into a written agreement under this paragraph. A public licensing agency is not required to enter into any agreement under this paragraph allowing the public licensing agency of another county to license a foster home within its jurisdiction. The written agreement shall include all All of the following apply to a public licensing agency that issues a license under par. (a) 1., 2., or 3.:

SB361, s. 15 Section 15. 48.75 (1g) (c) 1. of the statutes is amended to read:

SB361,12,23 48.75 (1g) (c) 1. A statement that the The public licensing agency issuing the license has shall have placement and care responsibility for the child as required under 42 USC 672 (a) (2) and has primary responsibility for providing services to the child who is placed in the foster home, as specified in the agreement.

SB361, s. 16 Section 16. 48.75 (1g) (c) 2. of the statutes is amended to read:

SB361,13,3 48.75 (1g) (c) 2. A statement that the The public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement.

SB361, s. 17 Section 17. 48.75 (1g) (c) 3. of the statutes is amended to read:

SB361,13,7 48.75 (1g) (c) 3. A description of the The public licensing agency shall have in place procedures to be followed in providing emergency services to the child who is placed in the foster home and to the foster parent, as specified in the agreement.

SB361, s. 18 Section 18. 48.75 (1g) (d) of the statutes is repealed.

SB361, s. 19 Section 19 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act 28, sections 1275, 1276m, and 1277, is repealed and recreated to read:

SB361,13,19 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth and each group home shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 20 Section 20 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 19, is amended to read:

SB361,14,9 49.343 (1g) Establishment of rates. Subject to sub. (1m), each For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth and each or a group home shall establish a per client rate may charge for its services and each child welfare agency shall establish a, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 21 Section 21 . 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 20, is amended to read:

SB361,14,23 49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

SB361, s. 22 Section 22 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 28, sections 1281 and 1282, is repealed and recreated to read:

SB361,15,10 49.343 (2) (a) By October 1, 2010, and annually after that, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 23 Section 23 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 22, is amended to read:

SB361,15,22 49.343 (2) (a) By October 1, 2010, and annually after that, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 24 Section 24 . 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 23, is amended to read:

SB361,16,9 49.343 (2) (a) By October 1, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

SB361, s. 25 Section 25. 2009 Wisconsin Act 28, section 9408 (6) is amended to read:

SB361,18,25 [2009 Wisconsin Act 28] Section 9408 (6) Foster care levels of care. The repeal of sections 48.02 (17q), 48.48 (17) (a) 10., 48.62 (1) (b), 49.001 (7), 619.01 (1) (c) 4m., 619.01 (9m), 895.485 (1) (c), and 938.02 (17q) of the statutes, the renumbering of section 48.62 (1) (a) of the statutes, the amendment of sections 20.410 (3) (ho) (by Section 316), 20.437 (1) (b), 20.437 (1) (cf), 20.437 (1) (dd) (by Section 474), 20.437 (1) (jm), 20.437 (1) (pd) (by Section 480), 46.10 (14) (a), 46.10 (14) (b), 46.21 (2) (j), 46.56 (8) (L), 46.56 (15) (b) 4., 46.985 (1) (f), 48.01 (1) (gg), 48.02 (6), 48.195 (2) (d) 5., 48.207 (1) (c), 48.207 (1) (f), 48.207 (3), 48.21 (5) (d) 2., 48.21 (5) (d) 3., 48.27 (3) (a) 1., 48.27 (3) (a) 1m., 48.27 (3) (a) 2., 48.27 (6), 48.299 (1) (ag), 48.299 (1) (ar), 48.32 (1) (c) 2., 48.32 (1) (c) 3., 48.33 (4) (intro.), 48.33 (5), 48.335 (3g) (intro.), 48.345 (3) (c), 48.355 (2) (b) 2., 48.355 (2d) (c) 2., 48.355 (2d) (c) 3., 48.355 (4), 48.357 (1) (am) 1., 48.357 (2m) (b), 48.357 (2r), 48.357 (2v) (c) 2., 48.357 (2v) (c) 3., 48.363 (1) (b), 48.363 (1m), 48.365 (2), 48.365 (2m) (ad) 2., 48.365 (2m) (ag), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d), 48.371 (5), 48.375 (4) (a) 1., 48.375 (4) (b) 1m., 48.375 (4) (b) 3., 48.375 (7) (f), 48.38 (2) (intro.), 48.38 (2) (g), 48.38 (4) (d) (intro.), 48.38 (4) (f) (intro.), 48.38 (5) (b), 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c), 48.38 (5m) (e), 48.42 (2) (d), 48.42 (2g) (a), 48.42 (2g) (am), 48.42 (2g) (b), 48.427 (1m), 48.427 (3m) (a) 5., 48.427 (3m) (am), 48.428 (2) (a), 48.428 (2) (b), 48.428 (4), 48.43 (5) (b), 48.43 (5m), 48.48 (9), 48.48 (17) (a) 3., 48.48 (17) (a) 8., 48.48 (17) (c) 4. (by Section 985), 48.481 (1) (a), 48.52 (1) (a), 48.52 (1) (b), 48.52 (1) (c), 48.569 (1) (d), 48.57 (1) (c), 48.57 (1) (hm), 48.57 (1) (i), 48.57 (3) (a) 4., 48.60 (2) (e), 48.61 (3), 48.61 (7), 48.615 (1) (b), subchapter XIV (title) of chapter 48 [precedes 48.619], 48.619, 48.62 (title), 48.62 (2), 48.62 (3), 48.62 (5) (a) (intro.), 48.62 (5) (d) (by Section 1018), 48.62 (6), 48.62 (7), 48.625 (3), 48.627 (title), 48.627 (2) (a), 48.627 (2c), 48.627 (2m), 48.627 (2s) (a), 48.627 (2s) (b), 48.627 (3) (b), 48.627 (3) (d), 48.627 (3) (e), 48.627 (3) (f), 48.627 (3) (h), 48.627 (4), 48.627 (5), 48.63 (1), 48.63 (3) (b) 2., 48.63 (4), 48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.645 (1) (a), 48.645 (2) (a) 1., 48.645 (2) (a) 3., 48.645 (2) (a) 4., 48.645 (2) (b), subchapter X of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (1) (c), 48.67 (intro.), 48.67 (4), 48.675 (1), 48.675 (2), 48.675 (3) (intro.), 48.675 (3) (a), 48.685 (1) (b), 48.685 (2) (c) 1., 48.685 (2) (c) 2., 48.685 (4m) (a) (intro.) (by Section 1072d), 48.685 (4m) (ad) (by Section 1074d), 48.685 (5) (bm) (intro.), 48.685 (5m) (by Section 1078d), 48.685 (6) (a) (by Section 1080d), 48.70 (2), 48.73, 48.75 (title), 48.75 (1d), 48.75 (2), 48.833 (1), 48.833 (2), 48.837 (1), 48.837 (1r) (b), 48.88 (2) (am) 1., 48.88 (2) (am) 2., 48.975 (3) (a) 1., 48.975 (3) (a) 2., 48.98 (1), 48.98 (2) (a), 48.981 (3) (d) 1., 48.981 (7) (a) 4., 48.986 (4), 49.136 (1) (m), 49.155 (1) (c), 49.155 (1m) (a) (intro.), 49.155 (1m) (a) 1m. b., 49.155 (1m) (bm), 49.175 (1) (s), 49.19 (1) (a) 2. b., 49.19 (4e) (a), 49.19 (10) (a), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 49.32 (9) (a), 49.34 (1), 49.343 (1d) (a) and (b), (1g) (by Section 1276m), (1m) (by Section 1278g), and (2) (a), (b), and (c), 49.345 (14) (a), 49.345 (14) (b), 49.45 (3) (e) 7., 49.46 (1) (a) 5., 49.46 (1) (d) 1., 49.471 (4) (a) 5., 50.01 (1) (a) 1., 50.01 (1) (a) 2., 59.69 (15) (intro.) (by Section 1451), 59.69 (15) (bm), 60.63 (intro.) (by Section 1454), 60.63 (3), 62.23 (7) (i) (intro.) (by Section 1458), 62.23 (7) (i) 2m., 103.10 (1) (a) (intro.), 103.10 (1) (f) (by Section 2173), 121.79 (1) (d) (intro.), 121.79 (1) (d) 2., 121.79 (1) (d) 3., 146.82 (2) (a) 18m., 167.10 (7), 252.15 (5) (a) 19., 253.10 (3) (c) 2. c., 301.12 (14) (a), 301.12 (14) (b), 301.26 (4) (d) 2. (by Section 2676), 301.26 (4) (d) 3. (by Section 2678), 301.26 (4) (e), 301.26 (4) (ed), 301.46 (4) (a) 6., 343.15 (4) (a) 3., 619.01 (1) (a), 619.01 (1) (c) 1., 619.01 (9), 767.41 (3) (c), 786.37 (3), 809.105 (13), 895.485 (title), 895.485 (2) (intro.), 895.485 (2) (a), 895.485 (2) (b), 895.485 (3), 895.485 (4) (intro.), 895.485 (4) (a), 938.02 (6), 938.207 (1) (c), 938.207 (1) (f), 938.21 (5) (d) 2., 938.21 (5) (d) 3., 938.27 (3) (a) 1., 938.27 (3) (a) 1m., 938.27 (3) (a) 2., 938.27 (6), 938.299 (1) (ag), 938.32 (1) (d) 2., 938.32 (1) (d) 3., 938.33 (4) (intro.), 938.33 (5), 938.335 (3g) (intro.), 938.34 (3) (c), 938.355 (2) (b) 2., 938.355 (2d) (c) 2., 938.355 (2d) (c) 3., 938.355 (4) (a), 938.357 (1) (am) 1., 938.357 (1) (am) 2., 938.357 (2m) (b), 938.357 (2r), 938.357 (2v) (c) 2., 938.357 (2v) (c) 3., 938.357 (6), 938.363 (1) (b), 938.363 (1m), 938.365 (2), 938.365 (2m) (ad) 2., 938.365 (2m) (ag), 938.365 (5), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (3) (d), 938.38 (2) (intro.), 938.38 (4) (f) (intro.), 938.38 (5) (b), 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c), 938.38 (5m) (e), 938.48 (4), 938.52 (1) (b), 938.538 (3) (a) 1p., 938.57 (1) (c), 938.57 (3) (a) 4., 940.201 (1) (a), 940.203 (1) (a), 940.205 (1), 940.207 (1), 940.43 (1), 940.45 (1), 943.011 (1) (a), 943.013 (1) (a), 943.015 (1), 943.017 (2m) (a) 1., 948.01 (3), 948.085 (1), 949.06 (1m) (a) (by Section 3359), and 973.017 (6) (a) of the statutes, and the creation of section 48.62 (8) of the statutes and Section 9108 (3) (a) of this act take effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, as created by this act.

SB361, s. 26 Section 26. Nonstatutory provisions.

SB361,19,3 (1) Transition of kinship care and long-term kinship care providers to foster care providers.

SB361,19,12 (a) Foster home license required. By no later than 6 months after the date of the first review under section 48.57 (3m) (d) or (3n) (d) of the statutes occurring after the effective date of this subsection of the placement of a child who on the day before the effective date of this subsection was placed in the home of a kinship care relative, as defined in section 48.57 (3m) (a) 2. of the statutes, or a long-term kinship care relative, as defined in section 48.57 (3n) (a) 2. of the statutes, under an order of the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, the kinship care relative or long-term kinship care relative shall obtain a license to operate a foster home under section 48.62 (1) of the statutes.

SB361,20,3 (b) Exception. If the kinship care relative or long-term kinship care relative refuses to obtain a license to operate a foster home as required under paragraph (a) or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review under section 48.38 (5) or 938.38 (5) of the statutes or permanency plan hearing under section 48.38 (5m) or 938.38 (5m) of the statutes occurring after the date by which the kinship care relative or long-term kinship care relative is required under paragraph (a) to obtain the license, the agency, as defined in section 48.38 (1) (a) or 938.38 (1) (a) of the statutes, that prepared the child's permanency plan shall make a recommendation, and the court or panel conducting the review or hearing shall make a determination under section 48.38 (5) (c) 1. or 938.38 (5) (c) 1. of the statutes, regarding the continuing necessity for and safety and appropriateness of the placement. If the 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 or long-term kinship care relative may continue to receive payments under section 48.57 (3m) (am) or (3n) (am) of the statutes.

SB361, s. 27 Section 27. Effective dates. This act takes effect on January 1, 2010, or on the day after publication, whichever is later, except as follows:

SB361,20,8 (1) Juvenile residential aftercare. The repeal and recreation of section 20.410 (3) (ho) of the statutes takes effect on July 1, 2010, or on the day after publication, whichever is later.

SB361,20,11 (2) Establishment of rates. The amendment of section 49.343 (1g) (by Section 20) and (2) (a) (by Section 23) of the statutes and the repeal and recreation of section 48.57 (3m) (am) (intro.) of the statutes take effect on January 1, 2011.

SB361,20,16 (3) Treatment foster homes. The treatment of section 48.48 (17) (a) 10m. of the statutes and the amendment of sections 20.410 (3) (ho) and 49.343 (1g) (by Section 21) and (2) (a) (by Section 24 ) of the statutes take effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes.

SB361,20,17 (End)