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LRB-0866/P6
EHS:amn&skw
2023 - 2024 LEGISLATURE
DOA:......Bork, BB0064 - Foster care and kinship care rate increase and payment modifications
For 2023-2025 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Children
Foster care and kinship care rates and payments
This bill changes the monthly basic maintenance rates that the state or a county pays to foster parents certified to provide level one care and to all kinship care providers (relatives other than a parent), which under current law are $300 per month for a child of any age, to be the same as the age-based monthly basic maintenance rates paid to foster parents providing higher than level one care. The bill also increases these age-based monthly basic maintenance rates by 5 percent. Beginning on January 1, 2024, the monthly rates are $441 for a child under five years of age, $483 for a child 5 to 11 years of age, $548 for a child 12 to 14 years of age, and $572 for a child 15 years of age or over.
This bill provides that, in addition to the monthly rates currently paid to a kinship care provider who is providing care and maintenance for a child, DCF or, with DCF's approval, a county department of human services or social services may make emergency payments for kinship care to a kinship care provider if any of the following conditions are met:
1. The governor has declared a state of emergency, or the federal government has declared a major disaster, that covers the locality of the home of the kinship care provider (home).
2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home.
3. DCF has determined that conditions in this state or in the locality of the home have resulted in a temporary increase in the costs borne by foster homes and kinship care providers, including a pandemic or other public health threat, a natural disaster, or unplanned school closures of five consecutive days or more.
The bill provides that DCF must determine the amount of an emergency payment based on available funding and may promulgate rules governing the provision of the payments.
The bill changes the statutes and the administrative code to make kinship care providers and foster homes certified to provide level one care eligible to receive exceptional payments to enable siblings or a minor parent and minor children to reside together and to receive an initial clothing allowance. Under current law, these payments are only available to foster homes certified to provide higher than level one care.
For further information see the state 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:
Section 1 . 48.57 (3m) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act ... (this act), is amended to read:
48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a kinship care provider who is providing care and maintenance for a child in the amount of $300 per month beginning on January 1, 2022, to a kinship care provider who is providing care and maintenance for a child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:
****Note: This is reconciled s. 48.57 (3m) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 2. 48.57 (3m) (an) of the statutes is created to read:
48.57 (3m) (an) In addition to the monthly payments for kinship care under par. (am), the department or, with the department's approval, the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 3.
****Note: This is reconciled s. 48.57 (3m) (an). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 3 . 48.57 (3m) (ar) and (at) of the statutes are created to read:
48.57 (3m) (ar) In addition to the monthly payments for kinship care under par. (ap), the department or, with the department's approval, the county department may make emergency payments for kinship care to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider under a court order if any of the following conditions are met:
1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the home of the kinship care provider.
2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home of the kinship care provider.
3. The department has determined that conditions in this state or in the locality of the home of the kinship care provider have resulted in a temporary increase in the costs borne by kinship care providers. Those conditions may include any of the following:
a. A pandemic or other public health threat.
b. A natural disaster.
c. Unplanned school closures of 5 consecutive days or more.
(at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.
****Note: This is reconciled s. 48.57 (3m) (ar) and (at). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 4. 48.57 (3m) (i) 4. of the statutes is created to read:
48.57 (3m) (i) 4. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for a child residing in the home of a kinship care provider who is receiving a monthly rate under par. (am).
****Note: This is reconciled s. 48.57 (3m) (i) 3. This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 5 . 48.57 (3m) (j) of the statutes is created to read:
48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).
Section 6 . 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act ... (this act), is amended to read:
48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap) and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child in the amount of $300 per month beginning on January 1, 2022, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:
****Note: This is reconciled s. 48.57 (3n) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 7. 48.57 (3n) (an) of the statutes is created to read:
48.57 (3n) (an) In addition to the monthly payments for long-term kinship care under par. (am), the department or, with the department's approval, the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a long-term kinship care provider who is providing care and maintenance for a child residing in the home of the long-term kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 2.
****Note: This is reconciled s. 48.57 (3n) (an). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 8. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) and amended to read:
48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this subsection. Those rules shall include rules all of the following:
1. Rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.
Section 9. 48.57 (3n) (i) 2. of the statutes is created to read:
48.57 (3n) (i) 2. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for children residing in a home of a long-term kinship care provider who is receiving a monthly rate under par. (am).
****Note: This is reconciled s. 48.57 (3n) (i) 2. This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.
Section 10. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2022, the rates are $300 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and 2024, for care and maintenance provided by a foster home that is certified to provide care at a any level of care that is higher than level one care, $420 $441 for a child under 5 years of age; $460 $483 for a child 5 to 11 years of age; $522 $548 for a child 12 to 14 years of age; and $545 $572 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency 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 certified 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).
Section 11. DCF 56.23 (1) (c) of the administrative code is amended to read:
DCF 56.23 (1) (c) A placing agency may not make a supplemental or exceptional payment or pay an initial clothing allowance , except for an exceptional payment under sub. (3) (a) 2., for a child placed in a Level 1 foster home.
Section 12. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:
DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.
(d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.
Section 9406. Effective dates; Children and Families.
(1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am) (intro.) by Section 1 and (3n) (am) (intro.) by Section 6 and 48.62 (4) takes effect on January 1, 2024, or on the day after publication, whichever is later.
(End)