Amendment ASA3-AB591

AB591-ASA3,17,17 4. A foster home or treatment foster home, a group home licensed under s. 48.625 or a child caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

AB591-ASA3,17,25 (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child caring institution by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.

AB591-ASA3,18,10 (3) Assignment of support. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party.

AB591-ASA3, s. 43m Section 43m. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA3,19,3 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid on whose behalf aid is received under s. 49.19 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB591-ASA3, s. 45 Section 45. 46.979 (1) of the statutes is amended to read:

AB591-ASA3,19,7 46.979 (1) In this section, "child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA3, s. 45m Section 45m. 46.98 (1) (at) of the statutes is created to read:

AB591-ASA3,19,11 46.98 (1) (at) "Educational program" means high school or a high school equivalency program or a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB591-ASA3, s. 50 Section 50. 46.98 (1) (b) of the statutes is amended to read:

AB591-ASA3,19,15 46.98 (1) (b) "Gainfully employed" means working , or seeking employment or participating in a training or educational program designed to lead directly to paid employment.

AB591-ASA3, s. 51 Section 51. 46.98 (1) (bd) and (bf) of the statutes are created to read:

AB591-ASA3,19,18 46.98 (1) (bd) "Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a).

AB591-ASA3,19,20 (bf) "Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b).

AB591-ASA3, s. 51c Section 51c. 46.98 (1) (cm) of the statutes is created to read:

AB591-ASA3,19,22 46.98 (1) (cm) "Poverty line" has the meaning given in s. 46.30 (1) (c).

AB591-ASA3, s. 52 Section 52. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA3,20,8 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) (4m) for at-risk, low-income and respite child care services under subs. (2m) and (4g) to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) for low-income and respite at-risk child care services under sub. subs. (2m) and (3) to private nonprofit child care providers who provide child care for the children of migrant workers and to county departments under s. 46.215, 46.22 or 46.23.

AB591-ASA3, s. 53 Section 53. 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA3,20,18 46.98 (2m) (a) Except as provided in sub. (2) (c), funds distributed under sub. (2) for at-risk child care may only be used for the purposes specified in this paragraph. The funds shall be used to provide care for all or part of a day for children under age 13 of persons who need child care to be able to work, who are not receiving aid to families with dependent children and who are at risk of becoming eligible for aid to families with dependent children if child care under this subsection is not provided. No funds distributed under sub. (2) may be used to provide care for a child by a person who resides with the child.

AB591-ASA3, s. 54 Section 54. 46.98 (3) (c) of the statutes is amended to read:

AB591-ASA3,21,8 46.98 (3) (c) From the funds distributed under sub. (2) for low-income child care, a county may provide day care services itself or it may purchase day care services from a child care provider. In addition, from the funds distributed under sub. (2) for low-income child care, each county shall, subject to the availability of funds, provide day care by offering to each eligible parent a voucher for the payment of day care services provided by a child care provider. Each county shall allocate all or a portion of its day care funding for payment of vouchers. An eligible parent may choose whether the care will be provided by a Level I certified family day care provider or a Level II certified family day care provider or in a day care center, in the home of another person or, subject to the county's approval, in the parent's home. A parent who uses vouchers for the payment of day care services may supplement the maximum rate for day care services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for day care services is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.

AB591-ASA3, s. 55g Section 55g. 46.98 (4) (a) 2. of the statutes is amended to read:

AB591-ASA3,21,14 46.98 (4) (a) 2. A Except as provided in par. (am), a parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and whose family income is equal to or less than 75% of the state median income. The department shall annually determine the state median income.

AB591-ASA3, s. 55m Section 55m. 46.98 (4) (am) of the statutes is created to read:

AB591-ASA3,21,20 46.98 (4) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after the effective date of this paragraph .... [revisor inserts date], is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line.

AB591-ASA3, s. 56 Section 56. 46.98 (4) (b) of the statutes is renumbered 46.98 (4) (b) (intro.) and amended to read:

AB591-ASA3,22,2 46.98 (4) (b) (intro.) Parents Subject to a modification made pursuant to par. (bm), and except as provided in par. (bt), individuals receiving aid under sub. (3) whose family income is equal to or greater than 50% of the state median income are liable for the following percentages of the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.:

AB591-ASA3, s. 56c Section 56c. 46.98 (4) (b) 1., 2. and 3. of the statutes are created to read:

AB591-ASA3,22,5 46.98 (4) (b) 1. For an individual with an income equal to or less than 75% of the poverty line, 7.5%.

AB591-ASA3,22,7 2. For an individual with an income greater than 75% of the poverty line and not greater than 95% of the poverty line, 10%.

AB591-ASA3,22,11 3. For an individual with an income greater than 95% of the poverty line, 10%, plus 1.2857% for every percentage point by which the individual's income exceeds 95% of the poverty line, except that no individual may be required to pay more than 100% of the cost of the child care.

AB591-ASA3, s. 56d Section 56d. 46.98 (4) (bm) of the statutes is created to read:

AB591-ASA3,22,22 46.98 (4) (bm) The department may submit a proposal to the joint committee on finance to modify the percentages under par. (b). If, within 14 days after the date of receipt of the department's proposal, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may make the modifications specified in the proposal. If, within 14 days after the date of receipt of the department's proposal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the proposal until the committee approves the proposal.

AB591-ASA3, s. 56f Section 56f. 46.98 (4) (bt) of the statutes is created to read:

AB591-ASA3,23,3 46.98 (4) (bt) An individual receiving aid under sub. (3) on the effective date of this paragraph .... [revisor inserts date], shall be liable for a portion of the cost of child care calculated as follows:

AB591-ASA3,23,6 1. The department shall determine the amount for which the individual was liable under s. 46.98 (4) (b), 1993 stats., immediately before the effective date of this paragraph .... [revisor inserts date].

AB591-ASA3,23,8 2. The department shall determine the amount for which the individual is liable under par. (b).

AB591-ASA3,23,10 3. The department shall subtract the amount determined under subd. 1. from the amount determined under subd. 2.

AB591-ASA3,23,15 4. If the amount determined under subd. 3. is zero or less, the individual's liability shall be the amount determined under par. (b). If the amount determined under subd. 3 is greater than zero, the department shall add to the amount determined under subd. 1. the product of the amount determined under subd. 3 multiplied by the following percentage:

AB591-ASA3,23,17 a. Beginning on July 1, 1996, or on the effective date of this subd. 4. a. .... [revisor inserts date], whichever is later, and ending on October 31, 1996, 25%.

AB591-ASA3,23,18 b. Beginning on November 1, 1996, and ending on February 28, 1997, 50%.

AB591-ASA3,23,20 c. Beginning on March 1, 1997, and ending on June 30, 1997, or on the day specified under s. 49.141 (2) (d), whichever is later, 75%.

AB591-ASA3, s. 56g Section 56g. 46.98 (4) (bu) of the statutes is created to read:

AB591-ASA3,23,23 46.98 (4) (bu) Paragraph (bt) does not apply beginning on July 1, 1997, or on the date specified under s. 49.141 (2) (d), whichever is later.

AB591-ASA3, s. 57 Section 57. 46.98 (4) (d) of the statutes is amended to read:

AB591-ASA3,24,10 46.98 (4) (d) Each county shall annually set a maximum rate that it will pay for licensed day care services provided to eligible parents, other than licensed day care services for which a rate, if any, is established under par. (e). A county shall set its maximum rate under this paragraph so that at least 75% of the number of places for children within the licensed or certified capacity of all child care providers in that county can be purchased at or below that maximum rate. The department shall annually review each county's rate and shall approve it if the department finds that the rate is set at a reasonable and customary level which does not preclude an eligible parent from having a reasonable selection of child care providers. The department shall promulgate by rule a procedure and criteria for approving county rates.

AB591-ASA3, s. 58 Section 58. 46.98 (4) (dg) and (dm) of the statutes are created to read:

AB591-ASA3,24,15 46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level I certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (d).

AB591-ASA3,24,19 (dm) Each county shall set a maximum rate that it will pay for Level II certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (d).

AB591-ASA3, s. 59 Section 59. 46.98 (4g) (b) of the statutes is amended to read:

AB591-ASA3,25,7 46.98 (4g) (b) From the funds distributed under sub. (2) for respite child care, a county may provide child care services itself or it may purchase child care services from a child care provider. In addition, from the funds distributed under sub. (2) for respite child care, each county shall, subject to the availability of funds, provide child care by offering to each eligible parent a voucher for the payment of child care services provided by a child care provider. Each county shall allocate all or a portion of its child care funding for payment of vouchers. A parent who uses vouchers for the payment of child care services may supplement the maximum rate for child care services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for child care services is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The county may choose the child care provider for a child whose child care is funded under par. (a).

AB591-ASA3, s. 60 Section 60. 46.98 (6) of the statutes is created to read:

AB591-ASA3,25,10 46.98 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d).

AB591-ASA3, s. 61 Section 61. 46.986 (1) (b) of the statutes is amended to read:

AB591-ASA3,25,14 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA3, s. 62 Section 62. 46.986 (1) (m) of the statutes is amended to read:

AB591-ASA3,25,18 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

AB591-ASA3, s. 63 Section 63. 46.987 (1) (a) of the statutes is amended to read:

AB591-ASA3,25,22 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA3, s. 64 Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA3,26,7 46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB591-ASA3, s. 65 Section 65. 46.995 (2) (c) of the statutes is amended to read:

AB591-ASA3,26,11 46.995 (2) (c) Highest rate, by county population, of participation in the aid to families with dependent children program under s. 49.19 or the Wisconsin works program under s. 49.147 (3) to (5).

AB591-ASA3, s. 66 Section 66. 48.40 (1m) of the statutes is created to read:

AB591-ASA3,26,14 48.40 (1m) "Kinship care relative" means a person receiving payments under s. 48.57 (3m) (a) for providing care and maintenance for a child.

AB591-ASA3, s. 67 Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:

AB591-ASA3,26,17 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative.

AB591-ASA3, s. 68 Section 68. 48.428 (2) of the statutes is amended to read:

AB591-ASA3,27,2 48.428 (2) When a court places a child in sustaining care after an order under s. 48.427, the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB591-ASA3, s. 69 Section 69. 48.428 (4) of the statutes is amended to read:

AB591-ASA3,27,13 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent or, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

AB591-ASA3, s. 70d Section 70d. 48.57 (3m) of the statutes is created to read:

AB591-ASA3,27,15 48.57 (3m) (a) In this subsection:

AB591-ASA3,27,16 1. "Department" means the department of industry, labor and job development.

AB591-ASA3,27,21 2. "Kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity or legal adoption, or the spouse of any person named in this subdivision, even if the marriage is terminated by death or divorce.

AB591-ASA3,27,24 (am) From the appropriations under s. 20.445 (3) (d) and (p), 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:

AB591-ASA3,28,4 1. The kinship care relative applies to the county department for payments under this subsection and the county 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.

AB591-ASA3,28,7 2. The county department determines that the child meets one or more of the criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB591-ASA3,28,14 4. The county department conducts a background investigation under sub. (3p) of the kinship care relative, the employes and prospective employes of the kinship care relative who have or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

AB591-ASA3,28,20 4m. Subject to sub. (3p) (fm), the kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employe or prospective employe of the kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

AB591-ASA3,28,23 5. The kinship care relative cooperates with the county department in the application process, including applying for other forms of assistance for which the kinship care relative may be eligible.

AB591-ASA3,29,3 (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom a payment is made under par. (am).

AB591-ASA3,29,14 2. When any kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB591-ASA3,29,17 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB591-ASA3,29,19 (cm) A kinship care relative who receives a payment under par. (am) is not eligible to receive a payment under s. 48.62 (4).

AB591-ASA3,29,25 (d) The county department shall review a placement of a child for which the department of industry, labor and job development makes payments under par. (am) not less than every 12 months after the department of industry, labor and job development begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the department shall discontinue making those payments.

AB591-ASA3,30,4 (e) The department of health and family services, in consultation with the department of industry, labor and job development, shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47, if no other health care insurance coverage is available to the child.

AB591-ASA3, s. 70g Section 70g. 48.57 (3m) (a), (am) (intro.), (d) and (e) of the statutes, as created by 1995 Wisconsin Act .... (this act), are repealed and recreated to read: