Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,24,19 " Section 1051n. 48.648 of the statutes is created to read:

AB75-SSA1-SA1,24,22 48.648 Foster children's bill of rights. (1) The department and all county departments and licensed child welfare agencies shall respect the rights of all foster children. These rights shall include the right to all of the following:

AB75-SSA1-SA1,25,2 (a) Live in a safe, healthy, and comfortable home where the foster child is treated with respect.

AB75-SSA1-SA1,25,4 (b) Be free from physical, sexual, emotional, or other abuse or corporal punishment.

AB75-SSA1-SA1,25,5 (c) Receive adequate and healthy food and adequate clothing.

AB75-SSA1-SA1,25,6 (d) Receive medical, dental, vision, and mental health services.

AB75-SSA1-SA1,25,8 (e) Be free from the administration of medication or chemical substances, unless authorized by a physician.

AB75-SSA1-SA1,25,9 (f) Contact family members, unless prohibited by court order.

AB75-SSA1-SA1,25,10 (g) Visit and contact siblings, unless prohibited by court order.

AB75-SSA1-SA1,25,13 (h) Contact the department, a county department, or a licensed child welfare agency regarding violations of rights, to speak to representatives of those agencies confidentially, and to be free from threats or punishments for making complaints.

AB75-SSA1-SA1,25,16 (i) Make and receive confidential telephone calls and send and receive confidential mail and electronic mail, if electronic mail is available at the foster child's placement.

AB75-SSA1-SA1,25,17 (j) Attend religious services and activities of the foster child's choice.

AB75-SSA1-SA1,25,19 (k) Manage personal income, consistent with the foster child's age and developmental level, unless prohibited by the foster child's case plan.

AB75-SSA1-SA1,25,20 (L) Not be locked in any room.

AB75-SSA1-SA1,25,22 (m) Attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the foster child's age and developmental level.

AB75-SSA1-SA1,25,24 (n) Work as permitted under state and federal law and to develop job skills at an age-appropriate level.

AB75-SSA1-SA1,26,2 (o) Have social contacts with people outside of the child welfare system, such as teachers, church members, mentors, and friends.

AB75-SSA1-SA1,26,3 (p) Attend court hearings and speak to the judge.

AB75-SSA1-SA1,26,4 (q) Have storage space for private use.

AB75-SSA1-SA1,26,7 (r) Review the foster child's permanency plan if he or she is over 12 years of age and to receive information about that permanency plan and any changes to that permanency plan.

AB75-SSA1-SA1,26,8 (s) Be free from unreasonable searches of personal belongings.

AB75-SSA1-SA1,26,13 (t) Have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnicity, ancestry, national origin, religion, sex, sexual orientation, mental or physical disability, or human immunodeficiency virus status.

AB75-SSA1-SA1,26,17 (u) Have access, if 16 years of age or over, to information regarding the educational options available, including the prerequisites for vocational and postsecondary education options and information regarding financial aid for postsecondary education.

AB75-SSA1-SA1,26,24 (2) When a child is placed in a foster home, the department, county department, or licensed child welfare agency placing the child shall provide the child with a written copy of the foster children's bill of rights in the child's primary language, if possible, and shall inform the child of the rights provided by the foster children's bill of rights orally using language or means that are appropriate to the child's age and developmental level and that ensure that the child understands the meaning of the bill of rights.

AB75-SSA1-SA1, s. 1051o Section 1051o. 48.649 of the statutes is created to read:

AB75-SSA1-SA1,27,3 48.649 Foster parent's bill of rights. (1) The department and all county departments and licensed child welfare agencies shall respect the rights of all foster parents. These rights shall include the right to all of the following:

AB75-SSA1-SA1,27,5 (a) Be treated with dignity, respect, and consideration as a professional member of the child welfare team.

AB75-SSA1-SA1,27,8 (b) Be given training prior to receiving children in the home and appropriate ongoing training to meet the foster parent's needs and improve the foster parent's skills.

AB75-SSA1-SA1,27,11 (c) Be informed of how to contact the appropriate agency in order to receive information on and assistance in accessing supportive services for a foster child in the foster parent's care.

AB75-SSA1-SA1,27,14 (d) Receive timely financial reimbursement commensurate with the care needs of a foster child in the foster parent's care as specified in the foster child's permanency plan.

AB75-SSA1-SA1,27,17 (e) Be provided a clear, written understanding of the permanency plan and case plan of a child placed in the foster parent's care to the extent that those plans concern the placement of the foster child in the foster parent's home.

AB75-SSA1-SA1,27,21 (f) Be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, to be provided with the opportunity to have a person of the foster parent's choosing present during the investigation, and to be provided due process during the investigation.

AB75-SSA1-SA1,27,24 (g) Receive information that is necessary and relevant to the care of a foster child placed in the foster parent's care at any time during which the foster child is placed with the foster parent.

AB75-SSA1-SA1,28,4 (h) Be notified of scheduled meetings and provided with information relating to the case management of a foster child placed in the foster parent's care in order to actively participate in the case planning and decision-making process regarding the foster child.

AB75-SSA1-SA1,28,7 (i) Be informed of decisions regarding a foster child placed in the foster parent's care made by the court or the agency responsible for the care and placement of the foster child.

AB75-SSA1-SA1,28,12 (j) Provide input concerning the case plan of a foster child placed in the foster parent's care and to have that input given full consideration in the same manner as information presented by any other professional member of the child welfare team and to communicate with other professionals who work with the foster child within the context of the child welfare team, including therapists, physicians, and teachers.

AB75-SSA1-SA1,28,16 (k) Be given, in a timely and consistent manner, any information a case worker has regarding a foster child placed in the foster parent's care and the child's family that is pertinent to the care and needs of the foster child and to the making of a case plan for the foster child.

AB75-SSA1-SA1,28,18 (L) Be given clear instruction on the disclosure of information concerning a foster child placed in the foster parent's care and the foster child's family.

AB75-SSA1-SA1,28,22 (m) Be given reasonable written notice of any changes to the permanency plan of a foster child placed in the foster parent's care, plans to remove a foster child from the foster parent's home, and the reasons for removing the foster child, except under circumstances when the foster child is in imminent risk of harm.

AB75-SSA1-SA1,28,24 (n) Be notified in a timely and complete manner of all court hearings and of the rights of the foster parent at the hearing.

AB75-SSA1-SA1,29,3 (o) Be considered as a placement option when a foster child who was formerly placed with the foster parent reenters foster care, if that placement is consistent with the best interest of the child and of any other children in the home.

AB75-SSA1-SA1,29,6 (p) Have timely access to any administrative or judicial appeal processes and to be free from acts of harassment and retaliation by any other party when exercising the right to appeal.

AB75-SSA1-SA1,29,10 (2) The department, county department, or licensed child welfare agency shall provide a foster parent with a written copy of the foster parent's bill of rights in his or her primary language, if possible, when the department, county department, or licensed child welfare agency issues or renews a foster care license.".

AB75-SSA1-SA1,29,11 137. Page 527, line 3: delete "48.658" and substitute "48.659".

AB75-SSA1-SA1,29,12 138. Page 527, line 4: delete "48.658" and substitute " 48.659".

AB75-SSA1-SA1,29,13 139. Page 529, line 2: delete "and treatment foster parents".

AB75-SSA1-SA1,29,14 140. Page 529, line 4: delete "or treatment foster care".

AB75-SSA1-SA1,29,16 141. Page 559, line 16: delete the material beginning with that line and ending with page 560, line 12.

AB75-SSA1-SA1,29,17 142. Page 563, line 12: after that line insert:

AB75-SSA1-SA1,29,18 " Section 1161c. 49.147 (4m) of the statutes is created to read:

AB75-SSA1-SA1,30,2 49.147 (4m) Subsidized private sector employment. (a) Subject to pars. (b) and (cm), the department shall establish and administer a subsidized private sector employment program, under which participants shall be paid the benefits under s. 49.148 (1) (d) for work in projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. An individual may participate in a project under this subsection for a maximum of 6 months, with an opportunity for an extension.

AB75-SSA1-SA1,30,4 (b) Subject to par. (cm), the department shall begin operating the program under this subsection only if all of the following occur:

AB75-SSA1-SA1,30,8 1. The secretary structures the subsidized private sector employment program in such a manner that the total cost for a participant in the program under this subsection does not exceed what the total cost would be for the participant in the community service job program administered under sub. (4).

AB75-SSA1-SA1,30,12 2. The secretary determines that the cash flow to a participant in the subsidized private sector employment program under this subsection, including the advance payment of any tax credit, is not less than what the cash flow would be to the participant in the community service job program administered under sub. (4).

AB75-SSA1-SA1,30,17 3. The secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection is permitted under federal law or under a waiver, or an amendment to a waiver, approved by the federal department of health and human services for the operation of Wisconsin Works.

AB75-SSA1-SA1,30,25 (c) 1. If the secretary of children and families determines that a waiver, or an amendment to a waiver, is necessary to administer the subsidized private sector employment program in the manner provided under this subsection, the secretary of children and families shall no later than September 30, 2009, request the waiver or the amendment to the waiver from the secretary of the federal department of health and human services to permit the secretary of children and families to administer the subsidized private sector employment program in the manner provided under this subsection.

AB75-SSA1-SA1,31,5 2. If the secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection would necessitate changes in the federal Temporary Assistance for Needy Families block grant program legislation under 42 USC 601 et seq., the secretary shall pursue the necessary changes to the federal legislation.

AB75-SSA1-SA1,31,7 (cm) 1. Except as provided in subd. 2., the department may not begin operating the program under this subsection before January 1, 2011.

AB75-SSA1-SA1,31,13 2. If the department determines that a waiver, an amendment to a waiver, or changes in the federal Temporary Assistance for Needy Families block grant program legislation are necessary for administering the subsidized private sector employment program in the manner provided under this section, the department may not begin operating the program under this subsection before the later of the following:

AB75-SSA1-SA1,31,15 a. The waiver or waiver amendment is approved and in effect or the federal legislation changes are adopted and in effect, or both, whichever is applicable.

AB75-SSA1-SA1,31,16 b. January 1, 2011.

AB75-SSA1-SA1,31,18 (d) 1. The department shall promulgate rules for the establishment and administration of the program under this subsection.

AB75-SSA1-SA1,32,2 2. The department may promulgate emergency rules under s. 227.24 for the establishment and administration of this subsection for the period before the effective date of any permanent rules promulgated under subd. 1., but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.".

AB75-SSA1-SA1,32,3 143. Page 564, line 13: after that line insert:

AB75-SSA1-SA1,32,4 " Section 1172c. 49.148 (1) (intro.) of the statutes is amended to read:

AB75-SSA1-SA1,32,7 49.148 (1) Benefit and wage levels for participants in employment positions. (intro.) A participant in a Wisconsin works Works employment position shall receive the following wages or benefits:".

AB75-SSA1-SA1,32,8 144. Page 564, line 23: after that line insert:

AB75-SSA1-SA1,32,9 " Section 1173c. 49.148 (1) (d) of the statutes is created to read:

AB75-SSA1-SA1,32,12 49.148 (1) (d) Subsidized private sector employment. 1. In this paragraph, "benefits" means compensation in the form of the state or federal minimum wage, whichever is higher.

AB75-SSA1-SA1,32,15 2. For a participant in subsidized private sector employment under s. 49.147 (4m), a monthly grant of not more than $25, as well as benefits for each hour actually worked in subsidized private sector employment, up to 20 hours per week.".

AB75-SSA1-SA1,32,16 145. Page 573, line 1: delete lines 1 to 10.

AB75-SSA1-SA1,32,17 146. Page 578, line 21: delete that line and substitute:

AB75-SSA1-SA1,32,21 "49.155 (6g) Authorized child care hours. (a) 1. In this paragraph, "department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.

AB75-SSA1-SA1,32,23 2. Except as provided in subd. 3., the department shall authorize no more than 12 hours of child care per day per child.

AB75-SSA1-SA1,33,3 3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.

AB75-SSA1-SA1,33,9 4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.

AB75-SSA1-SA1,33,10 (am) If".

AB75-SSA1-SA1,33,12 147. Page 579, line 9: delete "parents" and substitute "parent who is receiving the subsidy under this section".

AB75-SSA1-SA1,33,13 148. Page 579, line 16: delete "(a)" and substitute "(am)".

AB75-SSA1-SA1,33,15 149. Page 579, line 19: delete "parents" and substitute "parent who is receiving the subsidy under this section".

AB75-SSA1-SA1,33,16 150. Page 581, line 6: after that line insert:

AB75-SSA1-SA1,33,17 " Section 1216k. 49.162 of the statutes is created to read:

AB75-SSA1-SA1,33,19 49.162 Transitional jobs demonstration project. (1) In this section, "Wisconsin Works" has the meaning given in s. 49.141 (1) (p).

AB75-SSA1-SA1,33,23 (2) Subject to sub. (3) (b), the department shall conduct a demonstration project, beginning on January 1, 2010, that offers transitional jobs to low-income adults. To be eligible to participate in the demonstration project, an individual must satisfy all of the following criteria:

AB75-SSA1-SA1,33,24 (a) Be at least 21 but not more than 64 years of age.

AB75-SSA1-SA1,33,25 (b) Be ineligible for Wisconsin Works.

AB75-SSA1-SA1,34,3 (c) Have an annual household income that is below 150 percent of the poverty line.

AB75-SSA1-SA1,34,4 (d) Be unemployed for at least 4 weeks.

AB75-SSA1-SA1,34,5 (e) Be ineligible to receive unemployment insurance benefits.