Amendment AA1-AB602

GMM:mfd:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 1997 ASSEMBLY BILL 602

January 8, 1998 - Offered by Committee on Children and Families.

AB602-AA1,1,1 At the locations indicated, amend the bill as follows:

AB602-AA1,1,3 1. Page 7, line 1: delete the material beginning with that line and ending with page 9, line 9, and substitute:

AB602-AA1,1,5 " Section 2d. 20.435 (3) (cz) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,1,11 20.435 (3) (cz) (title) Foster care services, kinship care, long-term kinship care and aid to minor custodial parents. The amounts in the schedule for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under s. 46.261 (2) (a) 3. or 4., for kinship care payments under s. 48.57 (3m), for long-term kinship care payments under s. 48.57 (3n) and for aid to minor custodial parents under s. 46.261 (2) (a) 1.

AB602-AA1, s. 3d Section 3d. 20.435 (3) (kc) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,2,6 20.435 (3) (kc) (title) Interagency and intra-agency aids; kinship care and long-term kinship care. The amounts in the schedule for payments under s. 48.57 (3m) and (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year is transferred to the appropriation account under s. 20.445 (3) (ky).

AB602-AA1, s. 4d Section 4d. 20.435 (3) (kd) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,2,17 20.435 (3) (kd) (title) Kinship care and long-term kinship care assessments. The amounts in the schedule for assessments of kinship care relatives, as defined in s. 48.57 (3m) (a), and long-term kinship care relatives, as defined in s. 48.57 (3n) (a), who provide care and maintenance for children to determine if those kinship care relatives and long-term kinship care relatives are eligible to receive payments under s. 48.57 (3m) or (3n). All moneys transferred from the appropriation account under s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year is transferred to the appropriation account under s. 20.445 (3) (ky).

AB602-AA1, s. 4g Section 4g. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,3,3 20.445 (3) (r) Support receipt and disbursement program; payments. From the support collections trust fund, all moneys received under ss. 767.265 and 767.29 for child or family support, maintenance, spousal support, health care expenses or birth expenses, and all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for whom the payments are awarded and for transfer to the appropriation account under par. (k) if assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB602-AA1, s. 4r Section 4r. 48.48 (17) (a) 10. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,3,7 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as provided in s. 48.57 (3m), (3n) and (3p).".

AB602-AA1,3,8 2. Page 10, line 12: delete lines 12 to 16 and substitute:

AB602-AA1,3,16 "(am) From the appropriations under s. 20.435 (3) (cz) and (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:".

AB602-AA1,3,17 3. Page 10, line 17: after "department" insert "or department".

AB602-AA1,3,18 4. Page 10, line 20: after "department" insert "or department".

AB602-AA1,3,19 5. Page 11, line 3: after "department" insert "or department".

AB602-AA1,3,20 6. Page 11, line 19: after "department" insert "or department".

AB602-AA1,3,21 7. Page 11, line 24: delete that line and substitute:

AB602-AA1,3,24 "5r. The child for whom the long-term kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB602-AA1,4,2 6. The long-term kinship care relative and the county department or department enter into a".

AB602-AA1,4,3 8. Page 12, line 1: after "department" insert "or department".

AB602-AA1,4,4 9. Page 12, line 2: delete "(h)" and substitute "(hm)".

AB602-AA1,4,6 10. Page 12, line 14: delete "(h), a county" and substitute "(hm), a county department or, in a county having a population of 500,000 or more, the".

AB602-AA1,4,7 11. Page 12, line 16: delete "5m." and substitute "5r.".

AB602-AA1,4,9 12. Page 12, line 18: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,11 13. Page 13, line 7: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,13 14. Page 13, line 13: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,14 15. Page 13, line 14: after "department" insert "or department".

AB602-AA1,4,15 16. Page 13, line 16: after "department" insert "or department".

AB602-AA1,4,16 17. Page 13, line 18: after that line insert:

AB602-AA1,4,22 "(f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m. or 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB602-AA1,5,15 (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

AB602-AA1,5,16 a. The petitioner withdraws the petition in writing.

AB602-AA1,5,19 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

AB602-AA1,5,22 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

AB602-AA1,6,7 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB602-AA1,6,9 a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

AB602-AA1,6,12 b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.

AB602-AA1,6,14 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision.".

AB602-AA1,6,15 18. Page 13, line 19: delete lines 19 to 23.

AB602-AA1,6,16 19. Page 14, line 1: delete lines 1 to 3.

AB602-AA1,6,17 20. Page 14, line 10: delete lines 10 to 13 and substitute:

AB602-AA1,6,19 " Section 11d. 48.57 (3p) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,6,23 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.".

AB602-AA1,7,2 21. Page 14, line 15: after "county department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,7,4 22. Page 15, line 1: after "department" insert "or department of health and family services".

AB602-AA1,7,5 23. Page 15, line 3: delete lines 3 to 9 and substitute:

AB602-AA1,7,7 " Section 13d. 48.57 (3p) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,7,14 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., 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.".

AB602-AA1,7,16 24. Page 15, line 11: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,7,18 25. Page 15, line 15: after "department" insert "or department of health and family services".

AB602-AA1,7,19 26. Page 15, line 17: delete that line.

AB602-AA1,7,20 27. Page 16, line 1: delete lines 1 to 7 and substitute:

AB602-AA1,7,22 " Section 15d. 48.57 (3p) (c) 3. of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB602-AA1,8,8 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) 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 or, in a county having a population of 500,000 or more, the department of health and family services, 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. or 2m.".

AB602-AA1,8,10 28. Page 16, line 9: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,8,12 29. Page 16, line 10: delete "that county department" and substitute "the county department or department of health and family services".

AB602-AA1,8,15 30. Page 16, line 14: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,8,17 31. Page 16, line 15: after "director" insert "or person designated by the secretary".

AB602-AA1,8,19 32. Page 16, line 17: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,8,22 33. Page 16, line 21: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,2 34. Page 17, line 6: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,4 35. Page 17, line 12: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,7 36. Page 17, line 15: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,9 37. Page 17, line 18: after "department" insert "or department of health and family services".

AB602-AA1,9,11 38. Page 17, line 23: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,14 39. Page 18, line 2: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,15 40. Page 18, line 4: delete "(h)" and substitute "(hm)".

AB602-AA1,9,17 41. Page 18, line 5: delete "(h) A county" and substitute "(hm) A county department or, in a county having a population of 500,000 or more, the".

AB602-AA1,9,20 42. Page 18, line 9: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph".

AB602-AA1,9,21 43. Page 18, line 12: delete lines 12 to 17.

AB602-AA1,9,22 44. Page 19, line 1: delete lines 1 and 2 and substitute:

AB602-AA1,10,2 " Section 19d. 48.57 (3t) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,10,13 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB602-AA1,10,14 45. Page 19, line 3: delete lines 3 to 7 and substitute:

AB602-AA1,10,16 " Section 20d. 49.155 (1m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,10,20 49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:".