AB591-ASA3, s. 57 24Section 57. 46.98 (4) (d) of the statutes is amended to read:
AB591-ASA3,24,10
146.98 (4) (d) Each county shall annually set a maximum rate that it will pay
2for licensed day care services provided to eligible parents, other than licensed day
3care services for which a rate, if any, is established under par. (e). A county shall set
4its maximum rate under this paragraph so that at least 75% of the number of places
5for children within the licensed or certified capacity of all child care providers in that
6county can be purchased at or below that maximum rate. The department shall
7annually review each county's rate and shall approve it if the department finds that
8the rate is set at a reasonable and customary level which does not preclude an eligible
9parent from having a reasonable selection of child care providers. The department
10shall promulgate by rule a procedure and criteria for approving county rates.
AB591-ASA3, s. 58 11Section 58. 46.98 (4) (dg) and (dm) of the statutes are created to read:
AB591-ASA3,24,1512 46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level
13I certified family day care providers for services provided to eligible parents. The
14maximum rate set under this paragraph may not exceed 75% of the rate established
15under par. (d).
AB591-ASA3,24,1916 (dm) Each county shall set a maximum rate that it will pay for Level II certified
17family day care providers for services provided to eligible parents. The maximum
18rate set under this paragraph may not exceed 50% of the rate established under par.
19(d).
AB591-ASA3, s. 59 20Section 59. 46.98 (4g) (b) of the statutes is amended to read:
AB591-ASA3,25,721 46.98 (4g) (b) From the funds distributed under sub. (2) for respite child care,
22a county may provide child care services itself or it may purchase child care services
23from a child care provider. In addition, from the funds distributed under sub. (2) for
24respite child care, each county shall, subject to the availability of funds, provide child
25care by offering to each eligible parent a voucher for the payment of child care

1services provided by a child care provider. Each county shall allocate all or a portion
2of its child care funding for payment of vouchers. A parent who uses vouchers for the
3payment of child care services may supplement the maximum rate for child care
4services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for child care services
5is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The
6county may choose the child care provider for a child whose child care is funded under
7par. (a).
AB591-ASA3, s. 60 8Section 60. 46.98 (6) of the statutes is created to read:
AB591-ASA3,25,109 46.98 (6) Sunset. This section does not apply beginning on the first day of the
106th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591-ASA3, s. 61 11Section 61. 46.986 (1) (b) of the statutes is amended to read:
AB591-ASA3,25,1412 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am)
13means a provider licensed under s. 48.65, certified under s. 48.651 or established or
14contracted for under s. 120.13 (14)
.
AB591-ASA3, s. 62 15Section 62. 46.986 (1) (m) of the statutes is amended to read:
AB591-ASA3,25,1816 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent,
17guardian, foster parent, treatment foster parent, legal custodian or a person acting
18in the place of a parent
.
AB591-ASA3, s. 63 19Section 63. 46.987 (1) (a) of the statutes is amended to read:
AB591-ASA3,25,2220 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am)
21means a provider licensed under s. 48.65, certified under s. 48.651 or established or
22contracted for under s. 120.13 (14)
.
AB591-ASA3, s. 64 23Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
24is amended to read:
AB591-ASA3,26,7
146.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
2award grants to child care providers that meet the quality of care standards
3established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and
4experienced child care staff. In awarding grants under this subsection, the
5department shall consider the applying child care provider's total enrollment of
6children and average enrollment of children who receive or are eligible for publicly
7funded care from the child care provider.
AB591-ASA3, s. 65 8Section 65. 46.995 (2) (c) of the statutes is amended to read:
AB591-ASA3,26,119 46.995 (2) (c) Highest rate, by county population, of participation in the aid to
10families with dependent children program under s. 49.19 or the Wisconsin works
11program under s. 49.147 (3) to (5)
.
AB591-ASA3, s. 66 12Section 66. 48.40 (1m) of the statutes is created to read:
AB591-ASA3,26,1413 48.40 (1m) "Kinship care relative" means a person receiving payments under
14s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591-ASA3, s. 67 15Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591-ASA3,26,1716 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed
17a petition to adopt the child or if the relative is a kinship care relative.
AB591-ASA3, s. 68 18Section 68. 48.428 (2) of the statutes is amended to read:
AB591-ASA3,27,219 48.428 (2) When a court places a child in sustaining care after an order under
20s. 48.427, the court shall transfer legal custody of the child to the county department
21or a licensed child welfare agency, transfer guardianship of the child to an agency
22listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
23parent or, licensed treatment foster parent or kinship care relative with whom the
24child has resided for 6 months or longer. Pursuant to such a placement, this licensed

1foster parent or, licensed treatment foster parent or kinship care relative shall be a
2sustaining parent with the powers and duties specified in sub. (3).
AB591-ASA3, s. 69 3Section 69. 48.428 (4) of the statutes is amended to read:
AB591-ASA3,27,134 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent
5or kinship care relative may be appointed as a sustaining parent, the foster parent
6or, treatment foster parent or kinship care relative shall execute a contract with the
7agency responsible for providing services to the child, in which the foster parent or,
8treatment foster parent or kinship care relative agrees to provide care for the child
9until the child's 18th birthday unless the placement order is changed by the court
10because the court finds that the sustaining parents are no longer able or willing to
11provide the sustaining care or the court finds that the behavior of the sustaining
12parents toward the child would constitute grounds for the termination of parental
13rights if the sustaining parent was the birth parent of the child.
AB591-ASA3, s. 70d 14Section 70d. 48.57 (3m) of the statutes is created to read:
AB591-ASA3,27,1515 48.57 (3m) (a) In this subsection:
AB591-ASA3,27,1616 1. "Department" means the department of industry, labor and job development.
AB591-ASA3,27,2117 2. "Kinship care relative" means a stepparent, brother, sister, stepbrother,
18stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding
19generation as denoted by the prefix of grand, great or great-great, whether by
20consanguinity, direct affinity or legal adoption, or the spouse of any person named
21in this subdivision, even if the marriage is terminated by death or divorce.
AB591-ASA3,27,2422 (am) From the appropriations under s. 20.445 (3) (d) and (p), the department
23shall make payments in the amount of $215 per month to a kinship care relative who
24is providing care and maintenance for a child if all of the following conditions are met:
AB591-ASA3,28,4
11. The kinship care relative applies to the county department for payments
2under this subsection and the county department determines that there is a need for
3the child to be placed with the kinship care relative and that the placement with the
4kinship care relative is in the best interests of the child.
AB591-ASA3,28,75 2. The county department determines that the child meets one or more of the
6criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting
7one or more of those criteria if the child were to remain in his or her home.
AB591-ASA3,28,148 4. The county department conducts a background investigation under sub. (3p)
9of the kinship care relative, the employes and prospective employes of the kinship
10care relative who have or would have regular contact with the child for whom the
11payments would be made and any other adult resident of the kinship care relative's
12home to determine if the kinship care relative or adult resident has any arrests or
13convictions that could adversely affect the child or the kinship care relative's ability
14to care for the child.
AB591-ASA3,28,2015 4m. Subject to sub. (3p) (fm), the kinship care relative states that he or she does
16not have any arrests or convictions that could adversely affect the child or the kinship
17care relative's ability to care for the child and that no adult resident, as defined in
18sub. (3p) (a), and no employe or prospective employe of the kinship care relative who
19would have regular contact with the child has any arrests or convictions that could
20adversely affect the child or the kinship care relative's ability to care for the child.
AB591-ASA3,28,2321 5. The kinship care relative cooperates with the county department in the
22application process, including applying for other forms of assistance for which the
23kinship care relative may be eligible.
AB591-ASA3,29,3
1(b) 1. The county department shall refer to the attorney responsible for support
2enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
3a payment is made under par. (am).
AB591-ASA3,29,144 2. When any kinship care relative of a child applies for or receives payments
5under this subsection, any right of the child or the child's parent to support or
6maintenance from any other person, including any right to unpaid amounts accrued
7at the time of application and any right to amounts accruing during the time that
8payments are made under this subsection, is assigned to the state. If a child who is
9the beneficiary of a payment under this subsection is also the beneficiary of support
10under a judgment or order that includes support for one or more children who are not
11the beneficiaries of payments under this subsection, any support payment made
12under the judgment or order is assigned to the state in the amount that is the
13proportionate share of the child who is the beneficiary of the payment made under
14this subsection, except as otherwise ordered by the court on the motion of a party.
AB591-ASA3,29,1715 (c) The county department shall require the parent or parents of a child for
16whom a payment is made under par. (am) to initiate or continue health care
17insurance coverage for the child.
AB591-ASA3,29,1918 (cm) A kinship care relative who receives a payment under par. (am) is not
19eligible to receive a payment under s. 48.62 (4).
AB591-ASA3,29,2520 (d) The county department shall review a placement of a child for which the
21department of industry, labor and job development makes payments under par. (am)
22not less than every 12 months after the department of industry, labor and job
23development begins making those payments to determine whether the conditions
24specified in par. (am) continue to exist. If those conditions do not continue to exist,
25the department shall discontinue making those payments.
AB591-ASA3,30,4
1(e) The department of health and family services, in consultation with the
2department of industry, labor and job development, shall determine whether the
3child is eligible for medical assistance under ss. 49.43 to 49.47, if no other health care
4insurance coverage is available to the child.
AB591-ASA3, s. 70g 5Section 70g. 48.57 (3m) (a), (am) (intro.), (d) and (e) of the statutes, as created
6by 1995 Wisconsin Act .... (this act), are repealed and recreated to read:
AB591-ASA3,30,127 48.57 (3m) (a) In this subsection, "kinship care relative" means a stepparent,
8brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any
9person of a preceding generation as denoted by the prefix of grand, great or
10great-great, whether by consanguinity, direct affinity or legal adoption, or the
11spouse of any person named in this paragraph, even if the marriage is terminated
12by death or divorce.
AB591-ASA3,30,1713 (am) (intro.) From the appropriations under s. 20.435 (7) (b) and (o), the
14department shall reimburse counties for payments made under this subsection. A
15county department shall make payments in the amount of $215 per month to a
16kinship care relative who is providing care and maintenance for a child if all of the
17following conditions are met:
AB591-ASA3,30,2218 (d) A county department shall review a placement of a child for which the
19county department makes payments under par. (am) not less than every 12 months
20after the county department begins making those payments to determine whether
21the conditions specified in par. (am) continue to exist. If those conditions do not
22continue to exist, the county department shall discontinue making those payments.
AB591-ASA3,30,2523 (e) The department shall determine whether the child is eligible for medical
24assistance under ss. 49.43 to 49.47, if no other health care insurance coverage is
25available to the child.
AB591-ASA3, s. 71d
1Section 71d. 48.57 (3p) of the statutes is created to read:
AB591-ASA3,31,62 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of
3age or over who lives at the home of a person who has applied for or is receiving
4payments under sub. (3m) with the intent of making that home his or her home or
5who lives for more than 30 days cumulative in any 6-month period at the home of
6a person who has applied for or is receiving payments under sub. (3m).
AB591-ASA3,31,97 (b) 1. After receipt of an application for payments under sub. (3m), the county
8department, with the assistance of the department of justice, shall conduct a
9background investigation of the applicant.
AB591-ASA3,31,1310 2. The county department, with the assistance of the department of justice,
11may conduct a background investigation of any person who is receiving payments
12under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that
13the county department considers to be appropriate.
AB591-ASA3,31,1814 (c) 1. After receipt of an application for payments under sub. (3m), the county
15department, with the assistance of the department of justice, shall, in addition to the
16investigation under par. (b), conduct a background investigation of all employes and
17prospective employes of the applicant who have or would have regular contact with
18the child for whom those payments are being made and of each adult resident.
AB591-ASA3,31,2419 2. The county department, with the assistance of the department of justice,
20may conduct a background investigation of any of the employes or prospective
21employes of any person who is receiving payments under sub. (3m) who have or
22would have regular contact with the child for whom those payments are being made
23and of each adult resident at the time of review under sub. (3m) (d) or at any other
24time that the county department considers to be appropriate.
AB591-ASA3,32,6
13. Before a person that is receiving payments under sub. (3m) may employ any
2person in a position in which that person would have regular contact with the child
3for whom those payments are being made or permit any person to be an adult
4resident, the county department, with the assistance of the department of justice,
5shall conduct a background investigation of the prospective employe or prospective
6adult resident unless that person has already been investigated under subd. 1. or 2.
AB591-ASA3,32,167 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at
8any time within the 5 years preceding the date of the application has been a
9nonresident, or if the county department determines that the person's employment,
10licensing or state court records provide a reasonable basis for further investigation,
11the county department shall require the person to be photographed and
12fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
13fingerprints. The department of justice may provide for the submission of the
14fingerprint cards to the federal bureau of investigation for the purposes of verifying
15the identity of the person fingerprinted and obtaining records of his or her criminal
16arrest and conviction.
AB591-ASA3,32,1817 (e) Upon request, a person being investigated under par. (b) or (c) shall provide
18the county department with all of the following information:
AB591-ASA3,32,1919 1. The person's name.
AB591-ASA3,32,2020 2. The person's social security number.
AB591-ASA3,32,2221 3. Other identifying information, including the person's birthdate, gender, race
22and any identifying physical characteristics.
AB591-ASA3,33,223 4. Information regarding the conviction record of the person under the law of
24this state or any other state or under federal law. This information shall be provided

1on a notarized background verification form that the department shall provide by
2rule.
AB591-ASA3,33,133 (fm) 1. The county department may provisionally approve the making of
4payments under sub. (3m) based on the applicant's statement under sub. (3m) (am)
54m. The county department may not finally approve the making of payments under
6sub. (3m) unless that county department receives information from the department
7of justice indicating that the conviction record of the applicant under the law of this
8state is satisfactory according to the criteria specified in par. (g) 1. to 3. The
9department of industry, labor and job development may make payments under sub.
10(3m) conditioned on the receipt of information from the federal bureau of
11investigation indicating that the person's conviction record under the law of any
12other state or under federal law is satisfactory according to the criteria specified in
13par. (g) 1. to 3.
AB591-ASA3,34,814 2. A person receiving payments under sub. (3m) may provisionally employ a
15person in a position in which that person would have regular contact with the child
16for whom those payments are being made or provisionally permit a person to be an
17adult resident if the person receiving those payments states to the county
18department that the employe or adult resident does not have any arrests or
19convictions that could adversely affect the child or the ability of the person receiving
20payments to care for the child. A person receiving payments under sub. (3m) may
21not finally employ a person in a position in which that person would have regular
22contact with the child for whom those payments are being made or finally permit a
23person to be an adult resident until the county department receives information from
24the department of justice indicating that the person's conviction record under the law
25of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and

1the county department so advises the department and the person receiving
2payments under sub. (3m). A person receiving payments under sub. (3m) may finally
3employ a person in a position in which that person would have regular contact with
4the child for whom those payments are being made or finally permit a person to be
5an adult resident conditioned on the receipt of information from the county
6department that the federal bureau of investigation indicates that the person's
7conviction record under the law of any other state or under federal law is satisfactory
8according to the criteria specified in par. (g) 1. to 3.
AB591-ASA3,34,139 (g) Subject to par. (h), the department may not make payments to a person
10applying for payments under sub. (3m) and a person receiving payments under sub.
11(3m) may not employ a person in a position in which that person would have regular
12contact with the child for whom those payments are being made or permit a person
13to be an adult resident if any of the following applies:
AB591-ASA3,34,1614 1. The person has been convicted of a violation of ch. 161 that is punishable as
15a felony or of a violation of the law of any other state or federal law that would be a
16violation of ch. 161 that is punishable as a felony if committed in this state.
AB591-ASA3,34,2117 2. The person has had imposed on him or her a penalty specified in s. 939.62,
18939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
19law of any other state or federal law under circumstances under which the applicant
20or other person would be subject to a penalty specified in any of those sections if
21convicted in this state.
AB591-ASA3,35,822 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
23a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
24the law of any other state or federal law that would be a violation of ch. 940, 944 or
25948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if

1committed in this state, except that the department may make payments to a person
2applying for payments under sub. (3m) and a person receiving payments under sub.
3(3m) may employ in a position in which the person would have regular contact with
4the child for whom those payments are being made or permit to be an adult resident
5a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a
6violation of the law of any other state or federal law that would be a violation of s.
7944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years
8or more before the date of the investigation.
AB591-ASA3,35,159 (h) Notwithstanding par. (g), a person whose application to the county
10department for payments under sub. (3m) has been denied on one of the grounds
11specified in par. (g) 1. to 3. may petition the department of health and family services
12for a review of that denial. If that department determines that making those
13payments would be in the best interests of a child, those payments shall be made.
14The department of health and family services shall promulgate rules to provide
15standards under which to review a petition under this paragraph.
AB591-ASA3,35,1816 (i) The county department shall keep confidential all information received
17under this subsection from the department of justice or the federal bureau of
18investigation. Such information is not subject to inspection or copying under s. 19.35.
AB591-ASA3,35,2119 (j) The county department may charge a fee for conducting a background
20investigation under this subsection. The fee may not exceed the reasonable cost of
21conducting the investigation.
AB591-ASA3, s. 71f 22Section 71f. 48.57 (3p) (g) (intro.) of the statutes, as created by 1995 Wisconsin
23Act .... (this act), is amended to read:
AB591-ASA3,36,324 48.57 (3g) (g) (intro.) Subject to par. (h), the county department may not make
25payments to a person applying for payments under sub. (3m) and a person receiving

1payments under sub. (3m) may not employ a person in a position in which that person
2would have regular contact with the child for whom those payments are being made
3or permit a person to be an adult resident if any of the following applies:
AB591-ASA3, s. 71h 4Section 71h. 48.57 (3t) of the statutes is created to read:
AB591-ASA3,36,85 48.57 (3t) Notwithstanding subs. (3m) and (3p), the department may enter into
6an agreement with the governing body of a federally recognized American Indian
7tribe to allow that governing body to administer the program under subs. (3m) and
8(3p) within the boundaries of that reservation.
AB591-ASA3, s. 71m 9Section 71m. 48.65 (1m) of the statutes is created to read:
AB591-ASA3,36,1410 48.65 (1m) (a) In this subsection, "adult resident" means a person 18 years of
11age or over who lives at a day care center licensed under this section or contracted
12for under s. 120.13 (14) with the intent of making that day care center his or her home
13or who lives for more than 30 days cumulative in any 6-month period at a day care
14center licensed under this section or contracted for under s. 120.13 (14).
AB591-ASA3,36,1815 (b) 1. After receipt of an application for a license to operate a day care center
16or a referral from a school board under s. 120.13 (14), the department of health and
17family services, with the assistance of the department of justice, shall conduct a
18background investigation of the applicant or person referred.
AB591-ASA3,37,219 2. The department of health and family services, with the assistance of the
20department of justice, shall conduct a background investigation of any person who,
21on the effective date of this subdivision .... [revisor inserts date], is a day care provider
22licensed under this section or contracted for under s. 120.13 (14) or who, on the
23effective date of this subdivision .... [revisor inserts date], has an application for
24licensure or a contract offer pending, within 6 months after the effective date of this

1subdivision .... [revisor inserts date], or on the person's application for license or
2contract renewal, whichever is earlier.
AB591-ASA3,37,73 3. Subject to subd. 2., the department of health and family services may, at the
4time of renewal of the license or contract of a day care provider licensed under this
5section or contracted for under s. 120.13 (14), or at any other time that the
6department considers to be appropriate, conduct, with the assistance of the
7department of justice, a background investigation of that day care provider.
AB591-ASA3,37,148 (c) 1. After receipt of an application for a license to operate a day care center
9or a referral from a school board under s. 120.13 (14), the department of health and
10family services, with the assistance of the department of justice, shall, in addition
11to the investigation under par. (b), conduct a background investigation of each
12employe and prospective employe of the applicant or person referred who has or
13would have regular contact with a child receiving care from the applicant or person
14referred and of each adult resident.
AB591-ASA3,37,2415 2. The department of health and family services, with the assistance of the
16department of justice, shall conduct a background investigation of each adult
17resident of a person who, on the effective date of this subdivision .... [revisor inserts
18date], is licensed under this section or contracted for under s. 120.13 (14) or who, on
19the effective date of this subdivision .... [revisor inserts date], has an application for
20licensure or a contract offer pending, within 6 months after that date or on the
21person's application for license or contract renewal, whichever is earlier, and shall
22conduct a background investigation of each employe and prospective employe of that
23person who has or would have regular contact with any child receiving care from that
24person.
AB591-ASA3,38,7
13. Subject to subd. 2., the department of health and family services may, at the
2time of renewal of the license or contract of a day care provider licensed under this
3section or contracted for under s. 120.13 (14) or at any other time that the department
4considers to be appropriate, conduct, with the assistance of the department of justice,
5a background investigation of any employe or prospective employe of the day care
6provider who has or would have regular contact with any child receiving day care
7from the day care provider or of any adult resident of the day care provider.
AB591-ASA3,38,158 4. Except as provided in par. (f) 2., before a day care provider that is licensed
9under this section or contracted for under s. 120.13 (14) may employ any person in
10a position in which that person would have regular contact with a child receiving care
11from the day care provider or permit any person to be an adult resident, the
12department of health and family services, with the assistance of the department of
13justice, shall conduct a background investigation of the prospective employe or
14prospective adult resident unless that person has already been investigated under
15subd. 1., 2. or 3.
AB591-ASA3,38,2516 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if
17at any time within the 5 years preceding the date of the investigation that person has
18been a nonresident, or if the department of health and family services determines
19that the person's employment, certification or state court records provide a
20reasonable basis for further investigation, the department shall require the person
21to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
22set of the person's fingerprints. The department of justice may provide for the
23submission of the fingerprint cards to the federal bureau of investigation for the
24purposes of verifying the identity of the person fingerprinted and obtaining records
25of his or her criminal arrest and conviction.
AB591-ASA3,39,2
1(e) Upon request, a person being investigated under par. (b) or (c) shall provide
2the department of health and family services with all of the following information:
AB591-ASA3,39,33 1. The person's name.
AB591-ASA3,39,44 2. The person's social security number.
AB591-ASA3,39,65 3. Other identifying information, including the person's birthdate, gender, race
6and any identifying physical characteristics.
AB591-ASA3,39,107 4. Information regarding the conviction record of the person under the law of
8this state or any other state or under federal law. This information shall be provided
9on a notarized background verification form that the department shall provide by
10rule promulgated under s. 48.67.
Loading...
Loading...