SB82-SSA1, s. 29
1Section 29. 48.57 (3p) (h) 2m. of the statutes is created to read:
SB82-SSA1,21,82 48.57 (3p) (h) 2m. If a person whose payments under sub. (3m) are being
3discontinued based on the person's conviction record requests a review before the
4date on which those payments are to be discontinued, those payments may not be
5discontinued, except as provided in subd. 2m. a. or b., until a decision is rendered
6after the review but payments made pending the review decision may be recovered
7by the county department or department if the discontinuation is upheld. Payments
8under sub. (3m) shall be discontinued if any of the following applies:
SB82-SSA1,21,109 a. The person is contesting a state law or a change in state law and not the
10determination of the payment made on the person's behalf.
SB82-SSA1,21,1311 b. The person is notified of a change in his or her payments under sub. (3m)
12while the review decision is pending but the person fails to request a review of the
13change.
SB82-SSA1, s. 30 14Section 30 . 48.57 (3p) (h) 3. of the statutes is amended to read:
SB82-SSA1,22,215 48.57 (3p) (h) 3. The director of the county department, the person designated
16by the governing body of a federally recognized American Indian tribe or band or, in
17a county having a population of 500,000 or more, the person designated by the
18secretary of health and family services shall review the denial or discontinuation of
19payments or the prohibition on employment or being an adult resident to determine
20if the conviction record on which the denial, discontinuation, or prohibition is based
21includes any arrests, convictions or penalties that are is likely to adversely affect the
22child or the ability of the kinship care relative person to care for the child. In
23reviewing the denial, discontinuation, or prohibition, the director of the county
24department, the person designated by the governing body of the federally recognized

1American Indian tribe or band or the person designated by the secretary of health
2and family services shall consider, but not be limited to, all of the following factors:
SB82-SSA1,22,43 a. The length of time between the date of the arrest, conviction or of the
4imposition of the penalty and the date of the review.
SB82-SSA1,22,65 b. The nature of the violation or penalty and how that violation or penalty
6affects the ability of the kinship care relative petitioner to care for the child.
SB82-SSA1,22,87 c. Whether making an exception to the denial, discontinuation, or prohibition
8would be is in the best interests of the child.
SB82-SSA1, s. 31 9Section 31. 48.57 (3p) (h) 4. of the statutes is amended to read:
SB82-SSA1,22,2310 48.57 (3p) (h) 4. If the director of the county department, the person designated
11by the governing body of the federally recognized American Indian tribe or band, or,
12in a county having a population of 500,000 or more, the person designated by the
13secretary of health and family services determines that the conviction record on
14which the denial or discontinuation of payments or the prohibition on employment
15or being an adult resident is based does not include any arrests, convictions or
16penalties that are likely to adversely affect the child or the ability of the kinship care
17relative
person requesting the review to care for the child, the director of the county
18department, the person designated by the governing body of the federally recognized
19American Indian tribe or band, or the person designated by the secretary of health
20and family services may approve the making of payments under sub. (3m) or may
21permit a person receiving payments under sub. (3m) to employ a person in a position
22in which that person would have regular contact with the child for whom payments
23are being made or permit a person to be an adult resident.
SB82-SSA1, s. 32 24Section 32. 48.57 (3p) (h) 5. of the statutes is amended to read:
SB82-SSA1,23,2
148.57 (3p) (h) 5. A decision under this paragraph is not subject to review under
2ch. 227 par. (hg).
SB82-SSA1, s. 33 3Section 33. 48.57 (3p) (hg) of the statutes is created to read:
SB82-SSA1,23,94 48.57 (3p) (hg) 1. If on review under par. (h) a denial or discontinuation of
5payments under sub. (3m) or a prohibition on employment or being an adult resident
6is upheld, the person who requested the review may petition the department under
7subd. 2. for a review of that denial, discontinuation, or prohibition. Review is
8unavailable if the denial, discontinuation, or prohibition was upheld more than 45
9days before submission of the petition for review.
SB82-SSA1,23,2410 2. Upon receipt of a timely petition under subd. 1. the department shall give
11the petitioner reasonable notice and an opportunity for a fair hearing. The
12department may make such additional investigation as it considers necessary.
13Notice of the hearing shall be given to the petitioner and to the county department
14or subunit of the department whose denial, discontinuation, or prohibition is the
15subject of the petition. That county department or subunit of the department may
16be represented at the hearing. The department shall render its decision as soon as
17possible after the hearing and shall send a certified copy of its decision to the
18applicant or recipient and to the county department or subunit of the department
19whose denial, discontinuation, or prohibition is the subject of the petition. The
20decision of the department shall have the same effect as an order of the county
21department or subunit of the department whose denial, discontinuation, or
22prohibition is the subject of the petition. The decision shall be final, but may be
23revoked or modified as altered conditions may require. The department shall deny
24a petition for review or shall refuse to grant relief if any of the following applies:
SB82-SSA1,23,2525 a. The petitioner withdraws the petition in writing.
SB82-SSA1,24,2
1b. The sole issue in the petition concerns a change that affects an entire class
2of recipients and is the result of a change in state law.
SB82-SSA1,24,53 c. The petitioner abandons the petition. Abandonment occurs if the petitioner
4fails to appear in person or by a representative at a scheduled hearing without good
5cause, as determined by the department.
SB82-SSA1,24,166 3. If a person whose payments under sub. (3m) are being discontinued based
7on the person's conviction record requests a hearing before the date on which those
8payments are to be discontinued, those payments may not be discontinued, except
9as provided in subd. 3. a. or b., until a decision is rendered after the hearing but
10payments made pending the hearing decision may be recovered by the county
11department or department if the discontinuation is upheld. The department shall
12promptly notify the county department of the county in which the person resides or,
13if the person resides in a county having a population of 500,000 or more, the subunit
14of the department administering kinship care in that county that the person has
15requested a hearing. Payments under sub. (3m) shall be discontinued if any of the
16following applies:
SB82-SSA1,24,1817 a. The person is contesting a state law or a change in state law and not the
18determination of the payment made on the person's behalf.
SB82-SSA1,24,2119 b. The person is notified of a change in his or her payments under sub. (3m)
20while the hearing decision is pending but the person fails to request a hearing on the
21change.
SB82-SSA1,24,2422 4. The person requesting the hearing shall be promptly informed in writing if
23his or her payments under sub. (3m) are to be discontinued pending the hearing
24decision.
SB82-SSA1, s. 34 25Section 34 . 48.57 (3p) (hm) of the statutes is amended to read:
SB82-SSA1,25,10
148.57 (3p) (hm) A county department or, in a county having a population of
2500,000 or more, the department may not make payments to a person under sub. (3n)
3and a person receiving payments under sub. (3n) may not employ a person in a
4position in which that person would have regular contact with the child for whom
5payments are being made or permit a person to be an adult resident if the director
6of the county department or, in a county having a population of 500,000 or more, the
7person designated by the secretary to review arrest and conviction records under this
8paragraph determines that the person has any arrest or conviction that is likely to
9adversely affect the child or the long-term kinship care relative's ability of the person
10receiving payments
to care for the child.
SB82-SSA1, s. 35 11Section 35 . 48.57 (3r) of the statutes is created to read:
SB82-SSA1,25,1812 48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are
13insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to
14all persons who are eligible to receive those payments, the department may request
15the secretary of administration under s. 16.515 to supplement that appropriation for
16the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1),
17the secretary of administration may supplement the appropriation under s. 20.435
18(3) (kc) if all of the following occur:
SB82-SSA1,25,2119 (a) The secretary of administration determines that the amounts in the
20appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or
21(3n) (am) (intro.) to all persons who are eligible to receive those payments.
SB82-SSA1,26,222 (b) The joint committee on finance either does not schedule a meeting for the
23purpose of reviewing the proposed supplementation within 14 working days after the
24secretary of administration notifies the committee of the proposed supplementation

1or, if the committee schedules a meeting for the purpose of reviewing the proposed
2supplementation, the committee approves the proposed supplementation.
SB82-SSA1, s. 36 3Section 36. 48.57 (3t) of the statutes is amended to read:
SB82-SSA1,26,144 48.57 (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may
5enter into an agreement with the governing body of a federally recognized American
6Indian tribe or band to allow that governing body to administer the program under
7subs. (3m), (3n), and (3p) within the boundaries of that reservation. Any agreement
8under this subsection relating to the administration of the program under sub. (3m)
9shall specify the person with whom a request for review under sub. (3p) (h) 2. may
10be filed and the person who has been designated by the governing body to conduct
11the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.
12Any agreement under this subsection relating to the administration of the program
13under sub. (3n) shall specify who is to make any determination as to whether a an
14arrest and
conviction record is satisfactory.
SB82-SSA1, s. 37 15Section 37 . 48.979 of the statutes is created to read:
SB82-SSA1,26,17 1648.979 Authorization to consent to health services. (1) Definitions. In
17this section:
SB82-SSA1,26,1918 (a) "Caregiver" means an individual 18 years of age or over who resides with
19a child or provides temporary or permanent care and supervision for a child.
SB82-SSA1,26,2020 (b) "Health care facility" has the meaning given in s. 155.01 (6).
SB82-SSA1,26,2121 (c) "Health care provider" has the meaning given in s. 146.81 (1).
SB82-SSA1,26,2322 (d) "Health services" means any emergency or nonemergency care, treatment,
23service, or procedure to maintain, diagnose, or treat a physical or mental condition.
SB82-SSA1,27,3
1(2) Authorizing a caregiver to consent to health services. (a) A parent may
2authorize a caregiver to consent to health services for the parent's child by
3completing a health services consent form.
SB82-SSA1,27,44 (b) A valid health services consent form shall be all of the following:
SB82-SSA1,27,55 1. In writing.
SB82-SSA1,27,76 2. Dated and signed by the parent and the caregiver whom the parent is
7authorizing to consent to health services for the child.
SB82-SSA1,27,88 3. Voluntarily executed.
SB82-SSA1,27,129 (c) A health services consent form under this section shall remain in effect for
10the period of time specified on the form, which period may not exceed one year from
11the date on which the form is executed, unless the form is revoked or otherwise made
12invalid earlier.
SB82-SSA1,27,1513 (d) Nothing in this section shall be construed to make invalid other instruments
14that are voluntarily executed by a parent authorizing an individual or other entity
15to consent to health services for the parent's child.
SB82-SSA1,27,22 16(3) Effect of health services consent form; form. (a) Unless the health
17services consent form, a guardianship order, or any other court order provides
18otherwise, a caregiver designated in a health services consent form whom a health
19care provider knows is available to consent to health services for a child has priority
20over all other individuals other than a parent who is not currently denied periods of
21physical placement with the child to make health services decisions as provided in
22the health services consent form.
SB82-SSA1,28,623 (b) The department shall prepare the health services consent form and
24accompanying information. The department shall include, in information
25accompanying the form, at least the statutory definitions of the terms used in the

1form. The department shall prepare the form and accompanying information in
2English, Spanish, and other languages spoken by a significant number of state
3residents, as determined by the department. The department shall make the health
4services consent form available at no charge on the Internet. The health services
5consent form prepared by the department shall be in substantially the following
6form:
SB82-SSA1,28,77 HEALTH SERVICES CONSENT
SB82-SSA1,28,11 8Use of form: Use of this form is voluntary, but completion of the form will aid
9the caregiver of a child in ensuring that appropriate and timely health care is
10provided for the child. The form is to be completed by the parent of a child who resides
11with another adult or who is being cared for by another adult.
SB82-SSA1,28,13 12Instructions: If additional space is needed, attach a separate sheet or use
13reverse side of this form.
SB82-SSA1,28,1514 AUTHORIZATION TO CONSENT
15 TO HEALTH SERVICES
SB82-SSA1,28,1916 I, .... (print name of parent), hereby authorize my child's caregiver .... (print
17name of caregiver), who currently resides with or is providing care for (cross out
18"currently resides with or" or "or is providing care for," if inapplicable) my child, ....
19(print name and date of birth of child), to do the following for my child:
SB82-SSA1,28,20 20A. Health Services Consent and Exclusions:
SB82-SSA1,28,2421 Provide consent for emergency and nonemergency health services for my child,
22.... (print name of child), including medical and dental examinations and prescribed
23treatments, including surgery, with the following exceptions: (If there are no
24exceptions, write "none.")
SB82-SSA1,29,1
1........................................................................................................................................
SB82-SSA1,29,22 ........................................................................................................................................
SB82-SSA1,29,43 All health services will be provided under the direction of a licensed dental care
4provider or physician or other licensed health care provider as appropriate.
SB82-SSA1,29,7 5B. Child's Health Care Records. Provide consent to the release of the patient
6health care records of my child, .... (print name of child), with the following
7exceptions: (If there are no exceptions, write "none.")
SB82-SSA1,29,88 ........................................................................................................................................
SB82-SSA1,29,99 ........................................................................................................................................
SB82-SSA1,29,1310 The authority granted under this health services consent form shall remain in
11effect until .... (print date), unless revoked or made invalid earlier. (The parent may
12specify any date agreed to between the parent and caregiver up to one year after the
13date on which the form is signed.)
SB82-SSA1,29,1414 Signature of parent .... Date ....
SB82-SSA1,29,1515 Name of parent (print) ....
SB82-SSA1,29,1616 STATEMENT OF CAREGIVER
SB82-SSA1,29,2217 I understand that .... (name of parent) has authorized me to make health
18services decisions for .... (name of child). I agree to make health services decisions
19for the above-named child consistent with what I and the child's health care
20providers believe is in the child's best interest, consistent with the authority granted
21in this form, and consistent with any other wishes or beliefs of the child's parent of
22which I am aware.
SB82-SSA1,29,2323 Signature of Caregiver .... Date ....
SB82-SSA1,29,2424 CONTACT INFORMATION
SB82-SSA1,29,25 25A. Parent:
SB82-SSA1,30,1
1Name (print) ....
SB82-SSA1,30,22 Home address .... Home telephone number ....
SB82-SSA1,30,33 Work address .... Work telephone number ....
SB82-SSA1,30,44 Other address (specify) .... Other telephone number ....
SB82-SSA1,30,5 5B. Caregiver:
SB82-SSA1,30,66 Name (print) ....
SB82-SSA1,30,77 Home address .... Home telephone number ....
SB82-SSA1,30,88 Work address .... Work telephone number ....
SB82-SSA1,30,99 Other address (specify) .... Other telephone number ....
SB82-SSA1,30,11 10(4) Revocation of health services form. (a) A parent may revoke a health
11services consent form at any time by doing any of the following:
SB82-SSA1,30,1312 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying
13the health services consent form.
SB82-SSA1,30,1514 2. Executing a statement, in writing, that is signed and dated by the parent,
15expressing the parent's intent to revoke the health services consent form.
SB82-SSA1,30,1616 3. Executing a subsequent health services consent form.
SB82-SSA1,30,1917 (b) A health services consent form is not valid if the child no longer resides with
18the caregiver or if the caregiver is no longer providing temporary or permanent care
19and supervision for the child.
SB82-SSA1,30,2320 (c) If a caregiver knows that the instrument that authorized him or her to make
21health services decisions for a child has been revoked or is no longer valid, the
22caregiver shall communicate this fact to any health care provider for the child that
23the caregiver knows has a copy of the health services consent form.
SB82-SSA1,31,224 (d) The child's health care provider shall, upon notification of revocation or
25invalidity of the health services consent form, record in the child's medical record the

1time, date, and place of the notification to the health care provider of the revocation
2or invalidity.
SB82-SSA1,31,6 3(5) Duties and immunities. (a) No health care facility or health care provider
4may be charged with a crime, held civilly liable, or charged with unprofessional
5conduct for any of the following in providing health services under a health services
6consent form:
SB82-SSA1,31,107 1. Complying, in the absence of actual knowledge of a revocation, with the
8terms of a health services consent form that is in compliance with this section or the
9decision of a caregiver that is made under a health services consent form that is in
10compliance with this section.
SB82-SSA1,31,1311 2. Acting contrary to or failing to act on a revocation of a health services consent
12form, unless the health care facility or health care provider has actual knowledge of
13the revocation.
SB82-SSA1,31,1714 3. Acting contrary to or failing to act on the health services decision of a parent
15who is not currently denied periods of physical placement with the child, unless the
16health care facility or health care provider has actual knowledge of the parent's
17health services decision.
SB82-SSA1,31,2118 (b) In the absence of actual notice to the contrary, a health care facility or health
19care provider may presume that a parent was authorized to execute the health
20services consent form under the requirements of this section and that the form is
21valid.
SB82-SSA1,31,2422 (c) No caregiver may be charged with a crime or held civilly liable for making
23a decision in good faith under a health services consent form that is in compliance
24with this section.
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