AB602-AA1,2,179 20.435 (3) (kd) (title) Kinship care and long-term kinship care assessments.
10The amounts in the schedule for assessments of kinship care relatives, as defined in
11s. 48.57 (3m) (a), and long-term kinship care relatives, as defined in s. 48.57 (3n) (a),
12who provide care and maintenance for children to determine if those kinship care
13relatives and long-term kinship care relatives are eligible to receive payments under
14s. 48.57 (3m) or (3n). All moneys transferred from the appropriation account under
15s. 20.445 (3) (md) to this appropriation account shall be credited to this appropriation
16account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30
17of each year is transferred to the appropriation account under s. 20.445 (3) (ky).
AB602-AA1, s. 4g 18Section 4g. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act 27,
19is amended to read:
AB602-AA1,3,320 20.445 (3) (r) Support receipt and disbursement program; payments. From the
21support collections trust fund, all moneys received under ss. 767.265 and 767.29 for
22child or family support, maintenance, spousal support, health care expenses or birth
23expenses, and all other moneys received under judgments or orders in actions
24affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for
25whom the payments are awarded and for transfer to the appropriation account under

1par. (k) if assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s), 49.19
2(4) (h) 1. b. or 49.775 (2) (bm). Estimated disbursements under this paragraph shall
3not be included in the schedule under s. 20.005.
AB602-AA1, s. 4r 4Section 4r. 48.48 (17) (a) 10. of the statutes, as created by 1997 Wisconsin Act
527
, is amended to read:
AB602-AA1,3,76 48.48 (17) (a) 10. Administer kinship care and long-term kinship care as
7provided in s. 48.57 (3m), (3n) and (3p).".
AB602-AA1,3,8 82. Page 10, line 12: delete lines 12 to 16 and substitute:
AB602-AA1,3,16 9"(am) From the appropriations under s. 20.435 (3) (cz) and (kc), the department
10shall reimburse counties having populations of less than 500,000 for payments made
11under this subsection and shall make payments under this subsection in a county
12having a population of 500,000 or more. A county department and, in a county
13having a population of 500,000 or more, the department shall make monthly
14payments for each child in the amount specified in sub. (3m) (am) (intro.) to a
15long-term kinship care relative who is providing care and maintenance for that child
16if all of the following conditions are met:".
AB602-AA1,3,17 173. Page 10, line 17: after "department" insert "or department".
AB602-AA1,3,18 184. Page 10, line 20: after "department" insert "or department".
AB602-AA1,3,19 195. Page 11, line 3: after "department" insert "or department".
AB602-AA1,3,20 206. Page 11, line 19: after "department" insert "or department".
AB602-AA1,3,21 217. Page 11, line 24: delete that line and substitute:
AB602-AA1,3,24 22"5r. The child for whom the long-term kinship care relative is providing care
23and maintenance is not receiving supplemental security income under 42 USC 1381
24to 1383c or state supplemental payments under s. 49.77.
AB602-AA1,4,2
16. The long-term kinship care relative and the county department or
2department enter into a".
AB602-AA1,4,3 38. Page 12, line 1: after "department" insert "or department".
AB602-AA1,4,4 49. Page 12, line 2: delete "(h)" and substitute "(hm)".
AB602-AA1,4,6 510. Page 12, line 14: delete "(h), a county" and substitute "(hm), a county
6department or, in a county having a population of 500,000 or more, the".
AB602-AA1,4,7 711. Page 12, line 16: delete "5m." and substitute "5r.".
AB602-AA1,4,9 812. Page 12, line 18: after "department" insert "or, in a county having a
9population of 500,000 or more, the department".
AB602-AA1,4,11 1013. Page 13, line 7: after "department" insert "or, in a county having a
11population of 500,000 or more, the department".
AB602-AA1,4,13 1214. Page 13, line 13: after "department" insert "or, in a county having a
13population of 500,000 or more, the department".
AB602-AA1,4,14 1415. Page 13, line 14: after "department" insert "or department".
AB602-AA1,4,15 1516. Page 13, line 16: after "department" insert "or department".
AB602-AA1,4,16 1617. Page 13, line 18: after that line insert:
AB602-AA1,4,22 17"(f) Any person whose application for payments under par. (am) is not acted on
18promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5.,
195m. or 5r. has not been met and any person whose payments under par. (am) are
20discontinued under par. (d) may petition the department under par. (g) for a review
21of that action or failure to act. Review is unavailable if the action or failure to act
22arose more than 45 days before submission of the petition for review.
AB602-AA1,5,15
1(g) 1. Upon receipt of a timely petition under par. (f) the department shall give
2the applicant or recipient reasonable notice and an opportunity for a fair hearing.
3The department may make such additional investigation as it considers necessary.
4Notice of the hearing shall be given to the applicant or recipient and to the county
5department or subunit of the department whose action or failure to act is the subject
6of the petition. That county department or subunit of the department may be
7represented at the hearing. The department shall render its decision as soon as
8possible after the hearing and shall send a certified copy of its decision to the
9applicant or recipient and to the county department or subunit of the department
10whose action or failure to act is the subject of the petition. The decision of the
11department shall have the same effect as an order of the county department or
12subunit of the department whose action or failure to act is the subject of the petition.
13The decision shall be final, but may be revoked or modified as altered conditions may
14require. The department shall deny a petition for review or shall refuse to grant
15relief if any of the following applies:
AB602-AA1,5,1616 a. The petitioner withdraws the petition in writing.
AB602-AA1,5,1917 b. The sole issue in the petition concerns an automatic payment adjustment or
18change that affects an entire class of recipients and is the result of a change in state
19law.
AB602-AA1,5,2220 c. The petitioner abandons the petition. Abandonment occurs if the petitioner
21fails to appear in person or by a representative at a scheduled hearing without good
22cause, as determined by the department.
AB602-AA1,6,723 2. If a recipient requests a hearing within 10 days after the date of notice that
24his or her payments under par. (am) are being discontinued, those payments may not
25be discontinued until a decision is rendered after the hearing but payments made

1pending the hearing decision may be recovered by the department if the contested
2action or failure to act is upheld. The department shall promptly notify the county
3department of the county in which the recipient resides or, if the recipient resides in
4a county having a population of 500,000 or more, the subunit of the department
5administering of the long-term kinship care program in that county that the
6recipient has requested a hearing. Payments under par. (am) shall be discontinued
7if any of the following applies:
AB602-AA1,6,98 a. The recipient is contesting a state law or a change in state law and not the
9determination of the payment made on the recipient's behalf.
AB602-AA1,6,1210 b. The recipient is notified of a change in his or her payments under par. (am)
11while the hearing decision is pending but the recipient fails to request a hearing on
12the change.
AB602-AA1,6,1413 3. The recipient shall be promptly informed in writing if his or her payments
14under par. (am) are to be discontinued pending the hearing decision.".
AB602-AA1,6,15 1518. Page 13, line 19: delete lines 19 to 23.
AB602-AA1,6,16 1619. Page 14, line 1: delete lines 1 to 3.
AB602-AA1,6,17 1720. Page 14, line 10: delete lines 10 to 13 and substitute:
AB602-AA1,6,19 18" Section 11d. 48.57 (3p) (b) 1. of the statutes, as affected by 1997 Wisconsin
19Act 27
, is amended to read:
AB602-AA1,6,2320 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m)
21or (3n), the county department or, in a county having a population of 500,000 or more,
22the department of health and family services, with the assistance of the department
23of justice, shall conduct a background investigation of the applicant.".
AB602-AA1,7,2
121. Page 14, line 15: after "county department" insert "or, in a county having
2a population of 500,000 or more, the department of health and family services".
AB602-AA1,7,4 322. Page 15, line 1: after "department" insert "or department of health and
4family services".
AB602-AA1,7,5 523. Page 15, line 3: delete lines 3 to 9 and substitute:
AB602-AA1,7,7 6" Section 13d. 48.57 (3p) (c) 1. of the statutes, as affected by 1997 Wisconsin
7Act 27
, is amended to read:
AB602-AA1,7,148 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m)
9or (3n), the county department or, in a county having a population of 500,000 or more,
10the department of health and family services, with the assistance of the department
11of justice, shall, in addition to the investigation under par. (b) 1., conduct a
12background investigation of all employes and prospective employes of the applicant
13who have or would have regular contact with the child for whom those payments are
14being made and of each adult resident.".
AB602-AA1,7,16 1524. Page 15, line 11: after "department" insert "or, in a county having a
16population of 500,000 or more, the department of health and family services".
AB602-AA1,7,18 1725. Page 15, line 15: after "department" insert "or department of health and
18family services".
AB602-AA1,7,19 1926. Page 15, line 17: delete that line.
AB602-AA1,7,20 2027. Page 16, line 1: delete lines 1 to 7 and substitute:
AB602-AA1,7,22 21" Section 15d. 48.57 (3p) (c) 3. of the statutes, as affected by 1997 Wisconsin
22Acts 27
and 35, is amended to read:
AB602-AA1,8,8
148.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
2(3n)
may employ any person in a position in which that person would have regular
3contact with the child for whom those payments are being made or permit any person
4to be an adult resident, the county department or, in a county having a population
5of 500,000 or more, the department of health and family services, with the assistance
6of the department of justice, shall conduct a background investigation of the
7prospective employe or prospective adult resident unless that person has already
8been investigated under subd. 1. or, 2. or 2m.".
AB602-AA1,8,10 928. Page 16, line 9: after "department" insert "or, in a county having a
10population of 500,000 or more, the department of health and family services".
AB602-AA1,8,12 1129. Page 16, line 10: delete "that county department" and substitute "the
12county department or department of health and family services".
AB602-AA1,8,15 1330. Page 16, line 14: after "department" insert "or, in a county having a
14population of 500,000 or more, the person designated by the secretary of health and
15family services to review conviction records under this subdivision".
AB602-AA1,8,17 1631. Page 16, line 15: after "director" insert "or person designated by the
17secretary".
AB602-AA1,8,19 1832. Page 16, line 17: after "department" insert "or, in a county having a
19population of 500,000 or more, the department of health and family services".
AB602-AA1,8,22 2033. Page 16, line 21: after "department" insert "or, in a county having a
21population of 500,000 or more, the person designated by the secretary of health and
22family services to review conviction records under this subdivision".
AB602-AA1,9,2
134. Page 17, line 6: after "department" insert "or, in a county having a
2population of 500,000 or more, the department of health and family services".
AB602-AA1,9,4 335. Page 17, line 12: after "department" insert "or, in a county having a
4population of 500,000 or more, the department of health and family services".
AB602-AA1,9,7 536. Page 17, line 15: after "department" insert "or, in a county having a
6population of 500,000 or more, the person designated by the secretary of health and
7family services to review conviction records under this subdivision".
AB602-AA1,9,9 837. Page 17, line 18: after "department" insert "or department of health and
9family services".
AB602-AA1,9,11 1038. Page 17, line 23: after "department" insert "or, in a county having a
11population of 500,000 or more, the department of health and family services".
AB602-AA1,9,14 1239. Page 18, line 2: after "department" insert "or, in a county having a
13population of 500,000 or more, the person designated by the secretary of health and
14family services to review conviction records under this subdivision".
AB602-AA1,9,15 1540. Page 18, line 4: delete "(h)" and substitute "(hm)".
AB602-AA1,9,17 1641. Page 18, line 5: delete "(h) A county" and substitute "(hm) A county
17department or, in a county having a population of 500,000 or more, the".
AB602-AA1,9,20 1842. Page 18, line 9: after "department" insert "or, in a county having a
19population of 500,000 or more, the person designated by the secretary to review
20conviction records under this paragraph".
AB602-AA1,9,21 2143. Page 18, line 12: delete lines 12 to 17.
AB602-AA1,9,22 2244. Page 19, line 1: delete lines 1 and 2 and substitute:
AB602-AA1,10,2
1" Section 19d. 48.57 (3t) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
AB602-AA1,10,133 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may
4enter into an agreement with the governing body of a federally recognized American
5Indian tribe or band to allow that governing body to administer the program under
6subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement
7under this subsection relating to the administration of the program under sub. (3m)
8shall specify the person with whom a request for review under sub. (3p) (h) 2. may
9be filed and the person who has been designated by the governing body to conduct
10the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.
11Any agreement under this subsection relating to the administration of the program
12under sub. (3n) shall specify who is to make any determination as to whether a
13conviction record is satisfactory.
".
AB602-AA1,10,14 1445. Page 19, line 3: delete lines 3 to 7 and substitute:
AB602-AA1,10,16 15" Section 20d. 49.155 (1m) (a) (intro.) of the statutes, as affected by 1997
16Wisconsin Act 27
, is amended to read:
AB602-AA1,10,2017 49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the
18age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care and
19maintenance for a child who is under the age of 13, and child care services for that
20child are needed in order for the individual to do any of the following:".
AB602-AA1,10,21 2146. Page 19, line 8: delete lines 8 to 17 and substitute:
AB602-AA1,10,23 22" Section 20g. 49.155 (1m) (a) 1m. b. of the statutes, as affected by 1997
23Wisconsin Act 41
, is amended to read:
AB602-AA1,11,5
149.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
2and the individual resides with his or her custodial parent or with a kinship care
3relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57
4(3n)
or is in a foster home or treatment foster home licensed under s. 48.62, a group
5home or an independent living arrangement supervised by an adult.
AB602-AA1, s. 20m 6Section 20m. 49.175 (1) (w) 1. of the statutes, as created by 1997 Wisconsin
7Act 27
, is amended to read:
AB602-AA1,11,118 49.175 (1) (w) 1. (title) `Kinship care and long-term kinship care assistance.'
9For the kinship care program and long-term kinship care programs under s. 48.57
10(3m), (3n) and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year
111998-99.
AB602-AA1, s. 21d 12Section 21d. 49.22 (6) of the statutes, as affected by 1997 Wisconsin Act 27,
13is amended to read:
AB602-AA1,11,2114 49.22 (6) The department shall establish, pursuant to federal and state laws,
15rules and regulations, a uniform system of fees for services provided under this
16section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits
17under s. 49.148 or 49.155 and to individuals not receiving kinship care payments
18under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The
19system of fees may take into account an individual's ability to pay. Any fee paid and
20collected under this subsection may be retained by the county providing the service
21except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.".
AB602-AA1,11,22 2247. Page 22, line 11: before that line insert:
AB602-AA1,11,24 23" Section 27g. 49.96 of the statutes, as affected by 1997 Wisconsin Acts 27 and
24.... (this act), is repealed and recreated to read:
AB602-AA1,12,6
149.96 Assistance grants exempt from levy. All grants of aid to families with
2dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or
3(c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid
4by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
5exempt from every tax, and from execution, garnishment, attachment and every
6other process and shall be inalienable.
AB602-AA1, s. 27m 7Section 27m. 50.065 (1) (c) 2. of the statutes, as created by 1997 Wisconsin Act
827
, is amended to read:
AB602-AA1,12,109 50.065 (1) (c) 2. Kinship care under s. 48.57 (3m) or long-term kinship care
10under s. 48.57 (3n)
.".
AB602-AA1,12,11 1148. Page 23, line 8: delete lines 8 to 13 and substitute:
AB602-AA1,12,13 12" Section 30d. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin
13Act 27
, is amended to read:
AB602-AA1,12,19 14767.077Support for dependent child. (intro.) The state or its delegate
15under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
16(1) (f) or, if appropriate, for paternity determination and child support under s.
17767.45 whenever the child's right to support is assigned to the state under s. 46.261,
1848.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all
19of the following apply:".
AB602-AA1,12,20 2049. Page 25, line 16: before that line insert:
AB602-AA1,12,22 21" Section 34g. 767.29 (2) of the statutes, as affected by 1997 Wisconsin Acts 27
22and .... (this act), is repealed and recreated to read:
AB602-AA1,13,1923 767.29 (2) If any party entitled to maintenance payments or support money,
24or both, is receiving public assistance under ch. 49, the party may assign the party's

1right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
2assistance. Such assignment shall be approved by order of the court granting the
3maintenance payments or support money, and may be terminated in like manner;
4except that it shall not be terminated in cases where there is any delinquency in the
5amount of maintenance payments and support money previously ordered or
6adjudged to be paid to the assignee without the written consent of the assignee or
7upon notice to the assignee and hearing. When an assignment of maintenance
8payments or support money, or both, has been approved by the order, the assignee
9shall be deemed a real party in interest within s. 803.01 but solely for the purpose
10of securing payment of unpaid maintenance payments or support money adjudged
11or ordered to be paid, by participating in proceedings to secure the payment thereof.
12Notwithstanding assignment under this subsection, and without further order of the
13court, the department or its designee, upon receiving notice that a party or a minor
14child of the parties is receiving public assistance under ch. 49 or that a kinship care
15relative or long-term kinship care relative of the minor child is receiving kinship
16care payments or long-term kinship care payments for the minor child, shall forward
17all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45
18(19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45
19(19).".
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