AB43,692,519 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
20(me), and (s), the department shall reimburse counties having populations of less
21than 750,000 for payments made under this subsection and shall make payments
22under this subsection in a county having a population of 750,000 or more. Subject
23to par. (ap) and if all of the following conditions are met, beginning on January 1,
242024
, a county department and, in a county having a population of 750,000 or more,
25the department shall make monthly payments to a long-term kinship care provider

1who is providing care and maintenance
for each a child in the amount of $300 per
2month beginning on January 1, 2022, to a long-term kinship care provider who is
3providing care and maintenance for that child if all of the following conditions are
4met
$441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548
5for a child 12 to 14 years of age; and $572 for a child 15 years of age or over
:
AB43,945 6Section 945. 48.57 (3n) (am) 1. of the statutes is amended to read:
AB43,692,127 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
8county department or department for payments under this subsection, provides
9proof that he or she has been appointed as the guardian of the child, and, if the child
10is placed in the home of the long-term kinship care relative provider under a court
11order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
12county department or department for a license to operate a foster home.
AB43,946 13Section 946. 48.57 (3n) (am) 2. of the statutes is amended to read:
AB43,692,1714 48.57 (3n) (am) 2. The county department or department inspects the
15long-term kinship care relative's provider's home, interviews the long-term kinship
16care relative provider and determines that long-term placement with the long-term
17kinship care relative provider is in the best interests of the child.
AB43,947 18Section 947. 48.57 (3n) (am) 4. of the statutes is amended to read:
AB43,693,219 48.57 (3n) (am) 4. The county department or department conducts a
20background investigation under sub. (3p) of the long-term kinship care relative
21provider, the employees and prospective employees of the long-term kinship care
22relative provider who have or would have regular contact with the child for whom the
23payments would be made and any other adult resident, as defined in sub. (3p) (a),
24of the long-term kinship care relative's provider's home to determine if the
25long-term kinship care relative provider, employee, prospective employee or adult

1resident has any arrests or convictions that are likely to adversely affect the child or
2the long-term kinship care relative's provider's ability to care for the child.
AB43,948 3Section 948. 48.57 (3n) (am) 4m. of the statutes is amended to read:
AB43,693,124 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
5kinship care relative provider states that he or she does not have any arrests or
6convictions that could adversely affect the child or the long-term kinship care
7relative's provider's ability to care for the child and that, to the best of the long-term
8kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
9(a), and no employee or prospective employee of the long-term kinship care relative
10provider who would have regular contact with the child has any arrests or
11convictions that could adversely affect the child or the long-term kinship care
12relative's provider's ability to care for the child.
AB43,949 13Section 949. 48.57 (3n) (am) 5. of the statutes is amended to read:
AB43,693,1614 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
15with the county department or department in the application process, including
16applying for other forms of assistance for which the child may be eligible.
AB43,950 17Section 950. 48.57 (3n) (am) 5m. of the statutes is amended to read:
AB43,693,1918 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
19receiving payments under sub. (3m) with respect to the child.
AB43,951 20Section 951. 48.57 (3n) (am) 5r. of the statutes is amended to read:
AB43,693,2321 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
22provider is providing care and maintenance is not receiving supplemental security
23income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
AB43,952 24Section 952. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
AB43,694,6
148.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
2county department or department enter into a written agreement under which the
3long-term kinship care relative provider agrees to provide care and maintenance for
4the child and the county department or department agrees, subject to sub. (3p) (hm),
5to make monthly payments to the long-term kinship care relative provider at the
6rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
AB43,953 7Section 953. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
AB43,694,108 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
9kinship care relative's provider's home under a court order or under a voluntary
10agreement under s. 48.63 (1) (a) or (b) or (5) (b).
AB43,954 11Section 954. 48.57 (3n) (am) 6. d. of the statutes is amended to read:
AB43,694,1312 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
13long-term kinship care relative provider.
AB43,955 14Section 955. 48.57 (3n) (am) 6. e. of the statutes is amended to read:
AB43,694,1615 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
16provider's
guardianship under s. 48.977 terminates.
AB43,956 17Section 956. 48.57 (3n) (an) of the statutes is created to read:
AB43,694,2518 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care
19under par. (am), the department or, with the department's approval, the county
20department may make payments for exceptional circumstances to enable siblings or
21a minor parent and minor children to reside together and for initial clothing
22allowances to a long-term kinship care provider who is providing care and
23maintenance for a child residing in the home of the long-term kinship care provider
24who is receiving a monthly rate under par. (am), commensurate with the needs of the
25child, according to the rules promulgated by the department under par. (i) 2.
AB43,957
1Section 957. 48.57 (3n) (ap) 1. of the statutes is amended to read:
AB43,695,122 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
3county having a population of 750,000 or more, the department may make payments
4under par. (am) to a long-term kinship care relative provider who is providing care
5and maintenance for a child who is placed in the home of the long-term kinship care
6relative provider for no more than 60 days after the date on which the county
7department or department received under par. (am) 1. the completed application of
8the long-term kinship care relative provider for a license to operate a foster home or,
9if the application is approved or denied or the long-term kinship care relative
10provider is otherwise determined to be ineligible for licensure within those 60 days,
11until the date on which the application is approved or denied or the long-term
12kinship care relative provider is otherwise determined to be ineligible for licensure.
AB43,958 13Section 958. 48.57 (3n) (ap) 2. of the statutes is amended to read:
AB43,695,2514 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
15denied or the long-term kinship care relative provider is not otherwise determined
16to be ineligible for licensure within 60 days after the date on which the county
17department or department received the completed application for any reason other
18than an act or omission of the long-term kinship care relative provider, the county
19department or department may make payments under par. (am) for 4 months after
20the date on which the county department or department received the completed
21application or, if the application is approved or denied or the long-term kinship care
22relative provider is otherwise determined to be ineligible for licensure within those
234 months, until the date on which the application is approved or denied or the
24long-term kinship care relative provider is otherwise determined to be ineligible for
25licensure.
AB43,959
1Section 959. 48.57 (3n) (ap) 3. of the statutes is amended to read:
AB43,696,212 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
3care relative provider specified in subd. 1. is denied or the long-term kinship care
4relative provider is otherwise determined to be ineligible for licensure, the county
5department or, in a county having a population of 750,000 or more, the department
6may make payments under par. (am) to the long-term kinship care relative provider
7until an event specified in par. (am) 6. a. to f. occurs if the county department or
8department submits to the court information relating to the background
9investigation specified in par. (am) 4., an assessment of the safety of the long-term
10kinship care relative's provider's home and the ability of the long-term kinship care
11relative provider to care for the child, and a recommendation that the child remain
12in the home of the long-term kinship care relative provider and the court, after
13considering that information, assessment, and recommendation, orders the child to
14remain in the long-term kinship care relative's provider's home. If the court does not
15order the child to remain in the kinship care relative's provider's home, the court
16shall order the county department or department to request a change in placement
17under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
18guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
19938.357 (2m) (a) may also request a change in placement and any person who is
20authorized to file a petition for the appointment of a guardian for the child may also
21request a termination of the guardianship order.
AB43,960 22Section 960. 48.57 (3n) (b) 2. of the statutes is amended to read:
AB43,697,723 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
24applies for or receives payments under this subsection, any right of the child or the
25child's parent to support or maintenance from any other person accruing during the

1time that payments are made under this subsection is assigned to the state. If a child
2is the beneficiary of support under a judgment or order that includes support for one
3or more children who are not the beneficiaries of payments under this subsection,
4any support payment made under the judgment or order is assigned to the state in
5the amount that is the proportionate share of the child who is the beneficiary of the
6payment made under this subsection, except as otherwise ordered by the court on the
7motion of a party.
AB43,961 8Section 961. 48.57 (3n) (cm) of the statutes is amended to read:
AB43,697,119 48.57 (3n) (cm) A long-term kinship care relative provider who receives a
10payment under par. (am) for providing care and maintenance for a child is not eligible
11to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
AB43,962 12Section 962. 48.57 (3n) (h) of the statutes is amended to read:
AB43,697,2013 48.57 (3n) (h) A county department or, in a county having a population of
14750,000 or more, the department may recover an overpayment made under par. (am)
15from a long-term kinship care relative provider who continues to receive payments
16under par. (am) by reducing the amount of the long-term kinship care relative's
17provider's monthly payment. The department may by rule specify other methods for
18recovering overpayments made under par. (am). A county department that recovers
19an overpayment under this paragraph due to the efforts of its officers and employees
20may retain a portion of the amount recovered, as provided by the department by rule.
AB43,963 21Section 963. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.)
22and amended to read:
AB43,697,2423 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this
24subsection. Those rules shall include rules all of the following:
AB43,698,2
11. Rules governing the provision of long-term kinship care payments for the
2care and maintenance of a child after the child attains 18 years of age.
AB43,964 3Section 964. 48.57 (3n) (i) 2. of the statutes is created to read:
AB43,698,74 48.57 (3n) (i) 2. Rules governing the provision of payments for exceptional
5circumstances to enable siblings or a minor parent and minor children to reside
6together and for initial clothing allowances for children residing in a home of a
7long-term kinship care provider who is receiving a monthly rate under par. (am).
AB43,965 8Section 965. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
AB43,698,189 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
10designated by the governing body of an Indian tribe or, in a county having a
11population of 750,000 or more, the person designated by the secretary shall review
12the denial of payments or the prohibition on employment or being an adult resident
13to determine if the conviction record on which the denial or prohibition is based
14includes any arrests, convictions, or penalties that are likely to adversely affect the
15child or the ability of the kinship care relative provider to care for the child. In
16reviewing the denial or prohibition, the director of the county department, the person
17designated by the governing body of the Indian tribe or the person designated by the
18secretary shall consider all of the following factors:
AB43,966 19Section 966. 48.57 (3p) (h) 3. b. of the statutes is amended to read:
AB43,698,2120 48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
21or penalty affects the ability of the kinship care relative provider to care for the child.
AB43,967 22Section 967. 48.57 (3p) (h) 4. of the statutes is amended to read:
AB43,699,923 48.57 (3p) (h) 4. If the director of the county department, the person designated
24by the governing body of the Indian tribe or, in a county having a population of
25750,000 or more, the person designated by the secretary determines that the

1conviction record on which the denial of payments or the prohibition on employment
2or being an adult resident is based does not include any arrests, convictions, or
3penalties that are likely to adversely affect the child or the ability of the kinship care
4relative provider to care for the child, the director of the county department, the
5person designated by the governing body of the Indian tribe, or the person designated
6by the secretary may approve the making of payments under sub. (3m) or may permit
7a person receiving payments under sub. (3m) to employ a person in a position in
8which that person would have regular contact with the child for whom payments are
9being made or permit a person to be an adult resident.
AB43,968 10Section 968 . 48.60 (2) (a) of the statutes is amended to read:
AB43,699,1311 48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and
12custody of a child under s. 48.979 who provides care and maintenance for such
13children.
AB43,969 14Section 969 . 48.62 (2) of the statutes is amended to read:
AB43,700,415 48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care
16and custody of a child under s. 48.979 who provides care and maintenance for the
17child is not required to obtain the license specified in this section. The department,
18county department, or licensed child welfare agency as provided in s. 48.75 may issue
19a license to operate a foster home to a relative or like-kin who has no duty of support
20under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
21child who is either placed by court order or who is the subject of a voluntary
22placement agreement under s. 48.63. The department, a county department, or a
23licensed child welfare agency may, at the request of a guardian appointed under s.
2448.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
25guardian's home as a foster home for the guardian's minor ward who is living in the

1home and who is placed in the home by court order. Relatives and like-kin with no
2duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
32017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
4subject to the department's licensing rules.
AB43,970 5Section 970. 48.62 (4) of the statutes is amended to read:
AB43,700,196 48.62 (4) Monthly payments in foster care shall be provided according to the
7rates specified in this subsection. Beginning on January 1, 2022, the rates are $300
8for care and maintenance provided for a child of any age by a foster home that is
9certified to provide level one care, as defined in the rules promulgated under sub. (8)
10(a) and
2024, for care and maintenance provided by a foster home that is certified to
11provide care at a any level of care that is higher than level one care, $420 $441 for
12a child under 5 years of age; $460 $483 for a child 5 to 11 years of age; $522 $548 for
13a child 12 to 14 years of age; and $545 $572 for a child 15 years of age or over. In
14addition to these grants for basic maintenance, the department, county department,
15or licensed child welfare agency shall make supplemental payments for foster care
16to a foster home that is receiving an age-related rate under this subsection that are
17commensurate with the level of care that the foster home is certified to provide and
18the needs of the child who is placed in the foster home according to the rules
19promulgated by the department under sub. (8) (c).
AB43,971 20Section 971. 48.623 (1) (intro.) of the statutes is amended to read:
AB43,701,921 48.623 (1) Eligibility. (intro.) A county department or, as provided in sub. (3)
22(a), an Indian tribe or the department shall provide monthly subsidized
23guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child
24under s. 48.977 (2) or under a substantially similar tribal law if the county
25department, Indian tribe, or department determines that the conditions specified in

1pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a),
2a tribe or the department shall also provide those payments for the care of a sibling
3of such a child, regardless of whether the sibling meets the conditions specified in par.
4(a), if the county department, Indian tribe, or department and the guardian agree on
5the appropriateness of placing the sibling in the home of the guardian. A guardian
6of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for
7monthly subsidized guardianship payments under this subsection if the county
8department, Indian tribe, or the department, whichever will be providing those
9payments, determines that all of the following apply:
AB43,972 10Section 972. 48.623 (1) (b) 3. of the statutes is amended to read:
AB43,701,1711 48.623 (1) (b) 3. The guardian is licensed as the child's foster parent and the
12guardian and all adults residing in the guardian's home meet the requirements
13specified in s. 48.685 or, for a guardianship of a child ordered by a tribal court in
14which the background investigation is conducted by the Indian tribe, all adults
15residing in the guardian's home meet either the requirements specified in s. 48.685
16or the background check requirements for foster parent licensing under 42 USC 671
17(a) (20)
.
AB43,973 18Section 973. 48.623 (1) (c) of the statutes is amended to read:
AB43,701,2419 48.623 (1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345,
20938.357, 938.363, or 938.365 or a tribal court under a substantially similar tribal law
21placing the child, or continuing the placement of the child, outside of the child's home
22has been terminated, or any proceeding in which the child has been adjudged to be
23in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as
24provided in s. 48.977 (3r) (a).
AB43,974 25Section 974. 48.623 (2) (intro.) of the statutes is amended to read:
AB43,702,16
148.623 (2) Subsidized guardianship agreement. (intro.) Before a county
2department, an Indian tribe, or the department may approve the provision of
3subsidized guardianship payments under sub. (1) to a proposed guardian, the county
4department, Indian tribe, or department shall negotiate and enter into a written,
5binding subsidized guardianship agreement with the proposed guardian and provide
6the proposed guardian with a copy of the agreement. A subsidized guardianship
7agreement or an amended subsidized guardianship agreement may also name a
8prospective successor guardian of the child to assume the duty and authority of
9guardianship on the death or incapacity of the guardian. A successor guardian is
10eligible for monthly subsidized guardianship payments under this section only if the
11successor guardian is named as a prospective successor guardian of the child in a
12subsidized guardianship agreement or amended subsidized guardianship
13agreement that was entered into before the death or incapacity of the guardian, the
14conditions specified in sub. (6) (bm) are met, and the court appoints the successor
15guardian to assume the duty and authority of guardianship as provided in s. 48.977
16(5m). A subsidized guardianship agreement shall specify all of the following:
AB43,975 17Section 975. 48.623 (2) (c) of the statutes is amended to read:
AB43,702,2018 48.623 (2) (c) That the county department, Indian tribe, or department will pay
19the total cost of the nonrecurring expenses that are associated with obtaining
20guardianship of the child, not to exceed $2,000.
AB43,976 21Section 976. 48.623 (3) (a) of the statutes is amended to read:
AB43,703,1222 48.623 (3) (a) Except as provided in this paragraph, the county department
23shall provide the monthly payments under sub. (1) or (6). An Indian tribe that has
24entered into an agreement with the department under sub. (8) shall provide the
25monthly payments under sub. (1) or (6) for guardianships of children ordered by the

1tribal court, or a county department may provide the monthly payments under sub.
2(1) or (6) for guardianships of children ordered by the tribal court if the county
3department has entered into an agreement with the governing body of an Indian
4tribe to provide those payments.
The county department or Indian tribe shall
5provide those payments from moneys received under s. 48.48 (8r). The department
6shall reimburse county departments and Indian tribes for the cost of subsidized
7guardianship payments, including payments made by county departments for
8guardianships of Indian children ordered by tribal courts, from the appropriations
9under s. 20.437 (1) (dd) and (pd). In a county having a population of 750,000 or more
10or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall
11provide the monthly payments under sub. (1) or (6). The department shall provide
12those payments from the appropriations under s. 20.437 (1) (cx) and (mx).
AB43,977 13Section 977. 48.623 (3) (b) of the statutes is amended to read:
AB43,703,2214 48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe
15or
the department shall determine the initial amount of a monthly payment under
16sub. (1) or (6) for the care of a child based on the circumstances of the guardian and
17the needs of the child. That amount may not exceed the amount received under s.
1848.62 (4) or a substantially similar tribal law by the guardian of the child for the
19month immediately preceding the month in which the guardianship order was
20granted. A guardian or an interim caretaker who receives a monthly payment under
21sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57
22(3m) or (3n) or 48.62 (4) for the care of that child.
AB43,978 23Section 978. 48.623 (3) (c) 1. of the statutes is amended to read:
AB43,704,1424 48.623 (3) (c) 1. If a person who is receiving monthly subsidized guardianship
25payments under an agreement under sub. (2) believes that there has been a

1substantial change in circumstances, as defined by the department by rule
2promulgated under sub. (7) (a), he or she may request that the agreement be
3amended to increase the amount of those payments. If a request is received under
4this subdivision, the county department, Indian tribe, or department shall
5determine whether there has been a substantial change in circumstances and
6whether there has been a substantiated report of abuse or neglect of the child by the
7person receiving those payments. If there has been a substantial change in
8circumstances and if there has been no substantiated report of abuse or neglect of
9the child by that person, the county department, Indian tribe, or department shall
10offer to increase the amount of those payments based on criteria established by the
11department by rule promulgated under sub. (7) (b). If an increased monthly
12subsidized guardianship payment is agreed to by the person receiving those
13payments, the county department, Indian tribe, or department shall amend the
14agreement in writing to specify the increased amount of those payments.
AB43,979 15Section 979. 48.623 (3) (c) 2. of the statutes is amended to read:
AB43,705,516 48.623 (3) (c) 2. Annually, a county department , Indian tribe, or the department
17shall review an agreement that has been amended under subd. 1. to determine
18whether the substantial change in circumstances that was the basis for amending
19the agreement continues to exist. If that substantial change in circumstances
20continues to exist, the agreement, as amended, shall remain in effect. If that
21substantial change in circumstances no longer exists, the county department, Indian
22tribe,
or department shall offer to decrease the amount of the monthly subsidized
23guardianship payments provided under sub. (1) based on criteria established by the
24department under sub. (7) (c). If the decreased amount of those payments is agreed
25to by the person receiving those payments, the county department , Indian tribe, or

1department shall amend the agreement in writing to specify the decreased amount
2of those payments. If the decreased amount of those payments is not agreed to by
3the person receiving those payments, that person may appeal the decision of the
4county department, Indian tribe, or department regarding the decrease under sub.
5(5).
AB43,980 6Section 980. 48.623 (3) (d) of the statutes is amended to read:
AB43,705,137 48.623 (3) (d) The department, an Indian tribe, or a county department may
8recover an overpayment made under sub. (1) or (6) from a guardian or interim
9caretaker who continues to receive those payments by reducing the amount of the
10person's monthly payment. The department may by rule specify other methods for
11recovering those overpayments. A county department or Indian tribe that recovers
12an overpayment under this paragraph due to the efforts of its officers and employees
13may retain a portion of the amount recovered, as provided by the department by rule.
AB43,981 14Section 981. 48.623 (4) of the statutes is amended to read:
AB43,705,2215 48.623 (4) Annual review. A county department, an Indian tribe, or the
16department shall review a placement of a child for which the county department,
17Indian tribe,
or department makes payments under sub. (1) not less than every 12
18months after the county department, Indian tribe, or department begins making
19those payments to determine whether the child and the guardian remain eligible for
20those payments. If the child or the guardian is no longer eligible for those payments,
21the county department, Indian tribe, or department shall discontinue making those
22payments.
AB43,982 23Section 982. 48.623 (5) (b) 1. (intro.) of the statutes is amended to read:
AB43,706,1424 48.623 (5) (b) 1. (intro.) Upon receipt of a timely petition described in par. (a)
25the department shall give the applicant or recipient reasonable notice and an

1opportunity for a fair hearing. The department may make such additional
2investigation as it considers necessary. Notice of the hearing shall be given to the
3applicant or recipient and to the county department, Indian tribe, or subunit of the
4department whose action or failure to act is the subject of the petition. That county
5department, Indian tribe, or subunit of the department may be represented at the
6hearing. The department shall render its decision as soon as possible after the
7hearing and shall send a certified copy of its decision to the applicant or recipient and
8to the county department, Indian tribe, or subunit of the department whose action
9or failure to act is the subject of the petition. The decision of the department shall
10have the same effect as an order of the county department, Indian tribe, or subunit
11of the department whose action or failure to act is the subject of the petition. The
12decision shall be final, but may be revoked or modified as altered conditions may
13require. The department shall deny a petition for review or shall refuse to grant
14relief if any of the following applies:
AB43,983 15Section 983. 48.623 (5) (b) 2. of the statutes is amended to read:
AB43,706,2516 48.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date
17of notice that his or her payments under sub. (1) are being decreased or discontinued,
18those payments may not be decreased or discontinued until a decision is rendered
19after the hearing but payments made pending the hearing decision may be recovered
20by the department if the contested action or failure to act is upheld. The department
21shall promptly notify the county department, Indian tribe, or the subunit of the
22department whose action is the subject of the hearing that the recipient has
23requested a hearing. Payments under sub. (1) shall be decreased or discontinued if
24the recipient is contesting a state law or a change in state law and not the
25determination of the payment made on the recipient's behalf.
AB43,984
1Section 984. 48.623 (6) (am) (intro.) of the statutes is amended to read:
AB43,707,62 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a
3guardian receiving payments under sub. (1), the county department , Indian tribe, or
4the department providing those payments shall provide monthly subsidized
5guardianship payments in the amount specified in sub. (3) (b) for a period of up to
612 months to an interim caretaker if all of the following conditions are met:
AB43,985 7Section 985. 48.623 (6) (am) 1. of the statutes is amended to read:
AB43,707,128 48.623 (6) (am) 1. The county department, Indian tribe, or department inspects
9the home of the interim caretaker, interviews the interim caretaker, and determines
10that placement of the child with the interim caretaker is in the best interests of the
11child. In the case of an Indian child, the best interests of the Indian child shall be
12determined in accordance with s. 48.01 (2).
AB43,986 13Section 986. 48.623 (6) (am) 2. of the statutes is amended to read:
AB43,707,2414 48.623 (6) (am) 2. The county department, Indian tribe, or department
15conducts a background investigation under s. 48.685 of the interim caretaker and
16any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim
17caretaker and determines that those individuals meet the requirements specified in
18s. 48.685. For investigations conducted by an Indian tribe, the background
19investigation may be conducted under s. 48.685 or by meeting the background check
20requirements for foster parent licensing under 42 USC 671 (a) (20).
The county
21department, Indian tribe, or department shall provide the department of health
22services with information about each person who is denied monthly subsidized
23guardianship payments or permission to reside in the home of an interim caretaker
24for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.
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