Amendment ASA3-AB591

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:

AB591-ASA3,30,12 48.57 (3m) (a) In this subsection, "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 paragraph, even if the marriage is terminated by death or divorce.

AB591-ASA3,30,17 (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o), the department shall reimburse counties for payments made under this subsection. A county 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-ASA3,30,22 (d) A county department shall review a placement of a child for which the county department makes payments under par. (am) not less than every 12 months after the county department 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 county department shall discontinue making those payments.

AB591-ASA3,30,25 (e) The department 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. 71d Section 71d. 48.57 (3p) of the statutes is created to read:

AB591-ASA3,31,6 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m).

AB591-ASA3,31,9 (b) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB591-ASA3,31,13 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA3,31,18 (c) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB591-ASA3,31,24 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any of the employes or prospective employes of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA3,32,6 3. Before a person that is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB591-ASA3,32,16 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB591-ASA3,32,18 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

AB591-ASA3,32,19 1. The person's name.

AB591-ASA3,32,20 2. The person's social security number.

AB591-ASA3,32,22 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

AB591-ASA3,33,2 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule.

AB591-ASA3,33,13 (fm) 1. The county department may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department may not finally approve the making of payments under sub. (3m) unless that county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of industry, labor and job development may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA3,34,8 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department that the employe or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the department and the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA3,34,13 (g) Subject to par. (h), the department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB591-ASA3,34,16 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

AB591-ASA3,34,21 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

AB591-ASA3,35,8 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB591-ASA3,35,15 (h) Notwithstanding par. (g), a person whose application to the county department for payments under sub. (3m) has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department of health and family services for a review of that denial. If that department determines that making those payments would be in the best interests of a child, those payments shall be made. The department of health and family services shall promulgate rules to provide standards under which to review a petition under this paragraph.

AB591-ASA3,35,18 (i) The county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB591-ASA3,35,21 (j) The county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.