AB40-ASA1,520,718 48.567 (2) If the department proposes to use any moneys from the
19appropriation account under s. 20.437 (3) (mp) (kp) for any purpose other than the
20purposes specified in subs. (1) and (1m), the department shall submit a plan for the
21proposed use of those moneys to the secretary of administration by September 1 of
22the fiscal year after the fiscal year in which those moneys were received. If the
23secretary of administration approves the plan, he or she shall submit the plan to the
24joint committee on finance by October 1 of the fiscal year after the fiscal year in which
25those moneys were received. If the cochairpersons of the committee do not notify the

1secretary of administration within 14 working days after the date of submittal of the
2plan that the committee has scheduled a meeting for the purpose of reviewing the
3plan, the department may implement the plan. If within 14 working days after the
4date of the submittal by the secretary of administration the cochairpersons of the
5committee notify him or her that the committee has scheduled a meeting for the
6purpose of reviewing the plan, the department may implement the plan only with the
7approval of the committee.
AB40-ASA1, s. 1329 8Section 1329. 48.569 (1) (am) of the statutes is amended to read:
AB40-ASA1,520,119 48.569 (1) (am) The department shall reimburse each county from the
10appropriations under s. 20.437 (1) (b), (km), and (o) for children and family services
11as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.
AB40-ASA1, s. 1330 12Section 1330. 48.569 (1) (d) of the statutes is amended to read:
AB40-ASA1,520,2513 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (km), and (o), the
14department shall distribute the funding for children and family services, including
15funding for foster care or subsidized guardianship care of a child on whose behalf aid
16is received under s. 48.645 to county departments as provided under s. 48.563.
17County matching funds are required for the distribution under s. 48.563 (2). Each
18county's required match for the distribution under s. 48.563 (2) shall be specified in
19a schedule established annually by the department. Matching funds may be from
20county tax levies, federal and state revenue sharing funds, or private donations to
21the county that meet the requirements specified in sub. (1m). Private donations may
22not exceed 25 percent of the total county match. If the county match is less than the
23amount required to generate the full amount of state and federal funds distributed
24for this period, the decrease in the amount of state and federal funds equals the
25difference between the required and the actual amount of county matching funds.
AB40-ASA1, s. 1330s
1Section 1330s. 48.57 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1,521,32 48.57 (3) (a) 4. Is living in a foster home, group home, residential care center
3for children and youth, or subsidized guardianship home under s. 48.62 (5).
AB40-ASA1, s. 1331h 4Section 1331h. 48.57 (3m) (cm) of the statutes is amended to read:
AB40-ASA1,521,75 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am)
6for providing care and maintenance for a child is not eligible to receive a payment
7under sub. (3n) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.
AB40-ASA1, s. 1332b 8Section 1332b. 48.57 (3n) (cm) of the statutes is amended to read:
AB40-ASA1,521,119 48.57 (3n) (cm) A long-term kinship care relative who receives a payment
10under par. (am) for providing care and maintenance for a child is not eligible to
11receive a payment under sub. (3m) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.
AB40-ASA1, s. 1332c 12Section 1332c. 48.57 (3p) (a) of the statutes is amended to read:
AB40-ASA1,521,1813 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of
14age or over who lives at the home of a person who has applied for or is receiving
15payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) with the intent of making
16that home his or her home or who lives for more than 30 days cumulative in any
176-month period at the home of a person who has applied for or is receiving payments
18under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b).
AB40-ASA1, s. 1332d 19Section 1332d. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB40-ASA1,521,2320 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m)
21or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
22population of 500,000 or more, the department, with the assistance of the
23department of justice, shall conduct a background investigation of the applicant.
AB40-ASA1, s. 1332e 24Section 1332e. 48.57 (3p) (b) 3. of the statutes is amended to read:
AB40-ASA1,522,5
148.57 (3p) (b) 3. The county department or, in a county having a population of
2500,000 or more, the department, with the assistance of the department of justice,
3may conduct a background investigation of any person who is receiving payments
4under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that the county department or
5department considers to be appropriate.
AB40-ASA1, s. 1332f 6Section 1332f. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB40-ASA1,522,137 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m)
8or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
9population of 500,000 or more, the department, with the assistance of the
10department of justice, shall, in addition to the investigation under par. (b) 1., conduct
11a background investigation of all employees and prospective employees of the
12applicant who have or would have regular contact with the child for whom those
13payments are being made and of each adult resident.
AB40-ASA1, s. 1332g 14Section 1332g. 48.57 (3p) (c) 2m. of the statutes is amended to read:
AB40-ASA1,522,2115 48.57 (3p) (c) 2m. The county department or, in a county having a population
16of 500,000 or more, the department, with the assistance of the department of justice,
17may conduct a background investigation of any of the employees or prospective
18employees of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a)
19or (b)
who have or would have regular contact with the child for whom payments are
20being made and of each adult resident at any time that the county department or
21department considers to be appropriate.
AB40-ASA1, s. 1332h 22Section 1332h. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB40-ASA1,523,523 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
24(3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person
25would have regular contact with the child for whom those payments are being made

1or permit any person to be an adult resident, the county department or, in a county
2having a population of 500,000 or more, the department, with the assistance of the
3department of justice, shall conduct a background investigation of the prospective
4employee or prospective adult resident unless that person has already been
5investigated under subd. 1., 2. or 2m.
AB40-ASA1, s. 1332i 6Section 1332i. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
AB40-ASA1,524,27 48.57 (3p) (fm) 1m. The county department or, in a county having a population
8of 500,000 or more, the department may not enter into the agreement under sub. (3n)
9(am) 6. or make payments under s. 48.62 (5) (a) or (b) unless the county department
10or department receives information from the department of justice relating to the
11conviction record of the applicant under the law of this state and that record indicates
12either that the applicant has not been arrested or convicted or that the applicant has
13been arrested or convicted but the director of the county department or, in a county
14having a population of 500,000 or more, the person designated by the secretary to
15review conviction records under this subdivision determines that the conviction
16record is satisfactory because it does not include any arrest or conviction that the
17director or person designated by the secretary determines is likely to adversely affect
18the child or the applicant's ability to care for the child. The county department or,
19in a county having a population of 500,000 or more, the department may make
20payments under sub. (3n) or s. 48.62 (5) (a) or (b) conditioned on the receipt of
21information from the federal bureau of investigation indicating that the person's
22conviction record under the law of any other state or under federal law is satisfactory
23because the conviction record does not include any arrest or conviction that the
24director of the county department or, in a county having a population of 500,000 or
25more, the person designated by the secretary to review conviction records under this

1subdivision determines is likely to adversely affect the child or the applicant's ability
2to care for the child.
AB40-ASA1, s. 1332j 3Section 1332j. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
AB40-ASA1,525,124 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5)
5(a) or (b)
may provisionally employ a person in a position in which that person would
6have regular contact with the child for whom those payments are being made or
7provisionally permit a person to be an adult resident if the person receiving those
8payments states to the county department or, in a county having a population of
9500,000 or more, the department that, to the best of his or her knowledge, the
10employee or adult resident does not have any arrests or convictions that could
11adversely affect the child or the ability of the person receiving payments to care for
12the child. A person receiving payment under sub. (3n) or s. 48.62 (5) (a) or (b) may
13not finally employ a person in a position in which that person would have regular
14contact with the child for whom those payments are being made or finally permit a
15person to be an adult resident until the county department or, in a county having a
16population of 500,000 or more, the department receives information from the
17department of justice relating to the person's conviction record under the law of this
18state and that record indicates either that the person has not been arrested or
19convicted or that the person has been arrested or convicted but the director of the
20county department or, in a county having a population of 500,000 or more, the person
21designated by the secretary to review conviction records under this subdivision
22determines that the conviction record is satisfactory because it does not include any
23arrest or conviction that is likely to adversely affect the child or the ability of the
24person receiving payments to care for the child and the county department or
25department so advises the person receiving payments under sub. (3n) or s. 48.62 (5)

1(a) or (b)
. A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may
2finally employ a person in a position in which that person would have regular contact
3with the child for whom those payments are being made or finally permit a person
4to be an adult resident conditioned on the receipt of information from the county
5department or, in a county having a population of 500,000 or more, the department
6that the federal bureau of investigation indicates that the person's conviction record
7under the law of any other state or under federal law is satisfactory because the
8conviction record does not include any arrest or conviction that the director of the
9county department or, in a county having a population of 500,000 or more, the person
10designated by the secretary to review conviction records under this subdivision
11determines is likely to adversely affect the child or the ability of the person receiving
12payments to care for the child.
AB40-ASA1, s. 1332k 13Section 1332k. 48.57 (3p) (hm) of the statutes is amended to read:
AB40-ASA1,525,2314 48.57 (3p) (hm) A county department or, in a county having a population of
15500,000 or more, the department may not make payments to a person under sub. (3n)
16or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62
17(5) (a) or (b)
may not employ a person in a position in which that person would have
18regular contact with the child for whom payments are being made or permit a person
19to be an adult resident if the director of the county department or, in a county having
20a population of 500,000 or more, the person designated by the secretary to review
21conviction records under this paragraph determines that the person has any arrest
22or conviction that is likely to adversely affect the child or the person's ability to care
23for the child.
AB40-ASA1, s. 1332m 24Section 1332m. 48.62 (5) (a) of the statutes is repealed.
AB40-ASA1, s. 1332n
1Section 1332n. 48.62 (5) (b) of the statutes is renumbered 48.623 (6) (intro.)
2and amended to read:
AB40-ASA1,526,93 48.623 (6) Interim caretaker. (intro.) Subject to par. (d), on On the death,
4incapacity, resignation, or removal of a guardian receiving payments under par. (a),
5a
sub. (1), the county department or, in a county having a population of 500,000 or
6more,
the department providing those payments shall provide monthly subsidized
7guardianship payments in the amount specified in par. (e) sub. (3) (b) for a period of
8up to 12 months to an interim caretaker who meets if all of the following conditions
9specified in par. (c). are met:
AB40-ASA1, s. 1332p 10Section 1332p. 48.62 (5) (c) (intro.) of the statutes is repealed.
AB40-ASA1, s. 1332q 11Section 1332q. 48.62 (5) (c) 1. of the statutes is renumbered 48.623 (6) (a) and
12amended to read:
AB40-ASA1,526,1713 48.623 (6) (a) The county department or department inspects the home of the
14guardian or interim caretaker, interviews the guardian or interim caretaker, and
15determines that placement of the child with the guardian or interim caretaker is in
16the best interests of the child. In the case of an Indian child, the best interests of the
17Indian child shall be determined in accordance with s. 48.01 (2).
AB40-ASA1, s. 1332r 18Section 1332r. 48.62 (5) (c) 2. of the statutes is renumbered 48.623 (6) (b) and
19amended to read:
AB40-ASA1,527,720 48.623 (6) (b) The county department or department conducts a background
21investigation under s. 48.57 (3p) 48.685 of the guardian or interim caretaker, the
22employees and prospective employees of the guardian or interim caretaker who have
23or would have regular contact with the child for whom the payments would be made,
24and any other adult resident, as defined in s. 48.57 (3p) (a),
and any nonclient
25resident, as defined in s. 48.685 (1) (bm),
of the home of the guardian or interim

1caretaker and determines that those individuals do not have any arrests or
2convictions that are likely to adversely affect the child or the ability of the guardian
3or interim caretaker to care for the child
meet the requirements specified in s. 48.685.
4The county department or department shall provide the department of health
5services with information about each person who is denied monthly subsidized
6guardianship payments or permission to reside in the home of an interim caretaker
7for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5
.
AB40-ASA1, s. 1332s 8Section 1332s. 48.62 (5) (c) 3. of the statutes is renumbered 48.623 (6) (c) and
9amended to read:
AB40-ASA1,527,1210 48.623 (6) (c) In the case of an interim caretaker, the The interim caretaker
11cooperates with the county department or department in finding a permanent
12placement for the child.
AB40-ASA1, s. 1332t 13Section 1332t. 48.62 (5) (d) of the statutes is renumbered 48.623 (3) (a) and
14amended to read:
AB40-ASA1,528,315 48.623 (3) (a) The department shall request from the secretary of the federal
16department of health and human services a waiver of the requirements under 42
17USC 670
to 679a that would authorize the state to receive federal foster care and
18adoption assistance reimbursement under 42 USC 670 to 679a for the costs of
19providing care for a child who is in the care of a guardian who was licensed as the
20child's foster parent before the guardianship appointment and who has entered into
21a subsidized guardianship agreement with the county department or department.
22If the waiver is approved for
In a county having a population of 500,000 750,000 or
23more, the department shall provide the monthly payments under par. (a) sub. (1) or
24(6)
from the appropriations under s. 20.437 (1) (dd) and (pd). If the waiver is
25approved for
In any other county, the department shall determine which counties are

1authorized to provide monthly payments under par. (a) or (b), and
the county
2departments of those counties department shall provide those payments from
3moneys received under s. 48.569 (1) (d).
AB40-ASA1, s. 1332u 4Section 1332u. 48.62 (5) (e) of the statutes is renumbered 48.623 (3) (b) and
5amended to read:
AB40-ASA1,528,136 48.623 (3) (b) The amount of a monthly payment under par. (a) or (b) sub. (1)
7or (6)
for the care of a child shall equal the amount received under sub. s. 48.62 (4)
8by the guardian of the child for the month immediately preceding the month in which
9the guardianship order was granted or a lesser amount if agreed to by the guardian
10and specified in the agreement under sub. (2) (b)
. A guardian or an interim caretaker
11who receives a monthly payment under par. (a) or (b) sub. (1) or (6) for the care of a
12child
is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n) or 48.62
13(4) for the care of that child
.
AB40-ASA1, s. 1332v 14Section 1332v. 48.62 (6) of the statutes is amended to read:
AB40-ASA1,528,2115 48.62 (6) The department or a county department may recover an overpayment
16made under sub. (4) or (5) from a foster parent, guardian, or interim caretaker who
17continues to receive those payments by reducing the amount of the person's foster
18parent's
monthly payment. The department may by rule specify other methods for
19recovering those overpayments. A county department that recovers an overpayment
20under this subsection due to the efforts of its officers and employees may retain a
21portion of the amount recovered, as provided by the department by rule.
AB40-ASA1, s. 1332w 22Section 1332w. 48.623 of the statutes is created to read:
AB40-ASA1,529,11 2348.623 Subsidized guardianships. (1) Eligibility. A county department
24or, in a county having a population of 750,000 or more, the department shall provide
25monthly subsidized guardianship payments in the amount specified in sub. (3) (b)

1to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law
2if the county department or department determines that the conditions specified in
3pars. (a) to (d) have been met. A county department or, in a county having a
4population of 750,000 or more, the department shall also provide those payments for
5the care of a sibling of such a child, regardless of whether the sibling meets the
6conditions specified in par. (a), if the county department or department and the
7guardian agree on the appropriateness of placing the sibling in the home of the
8guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar
9tribal law is eligible for monthly subsidized guardianship payments under this
10subsection if the county department or, in a county having a population of 750,000
11or more, the department determines that all of the following apply:
AB40-ASA1,529,1212 (a) The child meets all of the following conditions:
AB40-ASA1,529,1613 1. The child has been removed from his or her home under a voluntary
14agreement under s. 48.63 or under a substantially similar tribal law or under a court
15order containing a finding that continued placement of the child in his or her home
16would be contrary to the welfare of the child.
AB40-ASA1,529,1817 2. The child has been residing in the home of the guardian for not less than 6
18consecutive months.
AB40-ASA1,529,2019 3. The child's situation precludes return of the child to his or her home or
20adoption as appropriate permanency options for the child.
AB40-ASA1,529,2121 4. The child demonstrates a strong attachment to the guardian.
AB40-ASA1,529,2322 5. If the child is 14 years of age or over, the child has been consulted with
23regarding the guardianship arrangement.
AB40-ASA1,529,2424 (b) The guardian meets all of the following conditions:
AB40-ASA1,530,4
11. The guardian is a relative of the child or is a person who has a significant
2emotional relationship with the child and who, prior to the child's placement in
3out-of-home care, had an existing relationship with the child that is similar to a
4familial relationship.
AB40-ASA1,530,55 2. The guardian has a strong commitment to caring permanently for the child.
AB40-ASA1,530,86 3. The guardian is licensed as the child's foster parent and the guardian and
7all adults residing in the guardian's home meet the requirements specified in s.
848.685.
AB40-ASA1,530,119 5. Prior to being named as the guardian of the child, the guardian entered into
10a subsidized guardianship agreement under sub. (2) with the county department or
11department.
AB40-ASA1,530,1612 (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363,
13or 938.365 placing the child, or continuing the placement of the child, outside of the
14child's home has been terminated, or any proceeding in which the child has been
15adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been
16dismissed, as provided in s. 48.977 (3r).
AB40-ASA1,530,2317 (d) If the county department or department knows or has reason to know that
18the child is an Indian child, the Indian child's parent, Indian custodian, and tribe
19have been provided with notice of the child's placement in the home of the guardian
20under s. 48.977 (4) (c) 2m. and the court has found under s. 48.977 (4) (g) 4. that the
21home of the guardian is in compliance with the order of placement preference under
22s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court found good cause,
23as described in s. 48.028 (7) (e), for departing from that order.
AB40-ASA1,531,4 24(2) Subsidized guardianship agreement. Before a county department or the
25department may approve the provision of subsidized guardianship payments under

1sub. (1) to a proposed guardian, the county department or department shall negotiate
2and enter into a written, binding subsidized guardianship agreement with the
3proposed guardian and provide the proposed guardian with a copy of the agreement.
4A subsidized guardianship agreement shall specify all of the following:
AB40-ASA1,531,85 (a) The amount of the monthly subsidized guardianship payments that will be
6provided under the agreement and the manner in which those payments may be
7adjusted periodically, in consultation with the guardian, based on the circumstances
8of the guardian and the needs of the child.
AB40-ASA1,531,129 (b) Any additional services and assistance for which the child or guardian will
10be eligible under the agreement, a description of those additional services and that
11additional assistance, and the procedures by which the guardian may apply for those
12additional services and that additional assistance.
AB40-ASA1,531,1513 (c) That the county department or department will pay the total cost of the
14nonrecurring expenses that are associated with obtaining guardianship of the child,
15not to exceed $2,000.
AB40-ASA1,531,1716 (d) That the agreement shall remain in effect without regard to the state of
17residence of the guardian.
AB40-ASA1,531,2118 (e) That, in determining eligibility for adoption assistance under s. 48.975 and
1942 USC 673 for the care of the child, the placement of the child in the home of the
20guardian and any payments made under sub. (1) shall be considered never to have
21been made.
AB40-ASA1,532,12 22(3) Payments. (c) 1. If a person who is receiving monthly subsidized
23guardianship payments under an agreement under sub. (2) believes that there has
24been a substantial change in circumstances, as defined by the department by rule
25promulgated under sub. (7) (a), he or she may request that the agreement be

1amended to increase the amount of those payments. If a request is received under
2this subdivision, the county department or department shall determine whether
3there has been a substantial change in circumstances and whether there has been
4a substantiated report of abuse or neglect of the child by the person receiving those
5payments. If there has been a substantial change in circumstances and if there has
6been no substantiated report of abuse or neglect of the child by that person, the
7county department or department shall offer to increase the amount of those
8payments based on criteria established by the department by rule promulgated
9under sub. (7) (b). If an increased monthly subsidized guardianship payment is
10agreed to by the person receiving those payments, the county department or
11department shall amend the agreement in writing to specify the increased amount
12of those payments.
AB40-ASA1,533,213 2. Annually, a county department or the department shall review an agreement
14that has been amended under subd. 1. to determine whether the substantial change
15in circumstances that was the basis for amending the agreement continues to exist.
16If that substantial change in circumstances continues to exist, the agreement, as
17amended, shall remain in effect. If that substantial change in circumstances no
18longer exists, the county department or department shall offer to decrease the
19amount of the monthly subsidized guardianship payments provided under sub. (1)
20based on criteria established by the department under sub. (7) (c). If the decreased
21amount of those payments is agreed to by the person receiving those payments, the
22county department or department shall amend the agreement in writing to specify
23the decreased amount of those payments. If the decreased amount of those payments
24is not agreed to by the person receiving those payments, that person may appeal the

1decision of the county department or department regarding the decrease under sub.
2(5).
AB40-ASA1,533,83 3. A county department or the department may propose to a person receiving
4monthly subsidized guardianship payments that the agreement under sub. (2) (b) be
5amended to adjust the amount of those payments. If an adjustment in the amount
6of those payments is agreed to by the person receiving those payments, the
7agreement shall be amended in writing to specify the adjusted amount of those
8payments.
AB40-ASA1,533,109 4. An agreement under sub. (2) may be amended more than once under subd.
101. or 3.
AB40-ASA1,533,1711 (d) The department or a county department may recover an overpayment made
12under sub. (1) or (6) from a guardian or interim caretaker who continues to receive
13those payments by reducing the amount of the person's monthly payment. The
14department may by rule specify other methods for recovering those overpayments.
15A county department that recovers an overpayment under this paragraph due to the
16efforts of its officers and employees may retain a portion of the amount recovered, as
17provided by the department by rule.
AB40-ASA1,533,24 18(4) Annual review. A county department or the department shall review a
19placement of a child for which the county department or department makes
20payments under sub. (1) not less than every 12 months after the county department
21or department begins making those payments to determine whether the child and
22the guardian remain eligible for those payments. If the child or the guardian is no
23longer eligible for those payments, the county department or department shall
24discontinue making those payments.
AB40-ASA1,534,6
1(5) Appeal. (a) Any person whose application for payments under sub. (1) is
2not acted on promptly or is denied on the grounds that a condition specified in sub.
3(1) has not been met and any person whose payments under sub. (1) are decreased
4under sub. (3) (c) 2. or discontinued under sub. (4) may petition the department under
5par. (b) for a review of that action or failure to act. Review is unavailable if the action
6or failure to act arose more than 45 days before submission of the petition for review.
AB40-ASA1,534,217 (b) 1. Upon receipt of a timely petition described in par. (a) the department shall
8give the applicant or recipient reasonable notice and an opportunity for a fair
9hearing. The department may make such additional investigation as it considers
10necessary. Notice of the hearing shall be given to the applicant or recipient and to
11the county department or subunit of the department whose action or failure to act
12is the subject of the petition. That county department or subunit of the department
13may be represented at the hearing. The department shall render its decision as soon
14as possible after the hearing and shall send a certified copy of its decision to the
15applicant or recipient and to the county department or subunit of the department
16whose action or failure to act is the subject of the petition. The decision of the
17department shall have the same effect as an order of the county department or
18subunit of the department whose action or failure to act is the subject of the petition.
19The decision shall be final, but may be revoked or modified as altered conditions may
20require. The department shall deny a petition for review or shall refuse to grant
21relief if any of the following applies:
AB40-ASA1,534,2222 a. The petitioner withdraws the petition in writing.
AB40-ASA1,534,2523 b. The sole issue in the petition concerns an automatic payment adjustment or
24change that affects an entire class of recipients and is the result of a change in state
25law.
AB40-ASA1,535,3
1c. The petitioner abandons the petition. Abandonment occurs if the petitioner
2fails to appear in person or by a representative at a scheduled hearing without good
3cause, as determined by the department.
AB40-ASA1,535,134 2. If a recipient requests a hearing within 10 days after the date of notice that
5his or her payments under sub. (1) are being decreased or discontinued, those
6payments may not be decreased or discontinued until a decision is rendered after the
7hearing but payments made pending the hearing decision may be recovered by the
8department if the contested action or failure to act is upheld. The department shall
9promptly notify the county department or the subunit of the department whose
10action is the subject of the hearing that the recipient has requested a hearing.
11Payments under sub. (1) shall be decreased or discontinued if the recipient is
12contesting a state law or a change in state law and not the determination of the
13payment made on the recipient's behalf.
AB40-ASA1,535,1514 3. The recipient shall be promptly informed in writing if his or her payments
15under sub. (1) are to be decreased or discontinued pending the hearing decision.
AB40-ASA1,535,23 16(6) (d) If the county department or department knows or has reason to know
17that the child is an Indian child, the county department or department provides
18notice of the Indian child's placement in the home of the interim caretaker to the
19Indian child's parent, Indian custodian, and tribe and determines that the home of
20the interim caretaker complies with the order of placement preference under s.
2148.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the county department or
22department finds good cause, as described in s. 48.028 (7) (e), for departing from that
23order.
AB40-ASA1,535,25 24(7) Rules. The department shall promulgate rules to implement this section.
25Those rules shall include all of the following:
AB40-ASA1,536,4
1(a) A rule defining the substantial change in circumstances under which a
2person receiving monthly subsidized guardianship payments under sub. (1) may
3request that an agreement made under sub. (2) be amended to increase the amount
4of those payments.
AB40-ASA1,536,105 (b) Rules establishing requirements for submitting a request under sub. (3) (c)
61. and criteria for determining the amount of the increase in monthly subsidized
7guardianship payments that a county department or the department shall offer if
8there has been a substantial change in circumstances and if there has been no
9substantiated report of abuse or neglect of the child by the person receiving those
10payments.
AB40-ASA1,536,1711 (c) Rules establishing the criteria for determining the amount of the decrease
12in monthly subsidized guardianship payments that the department shall offer under
13sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria
14shall provide that the amount of the decrease offered by the department under sub.
15(3) (c) 2. may not result in a monthly subsidized guardianship payment that is less
16than the initial monthly subsidized guardianship payment provided for the child
17under sub. (1).
AB40-ASA1, s. 1332x 18Section 1332x. 48.645 (1) (a) of the statutes is amended to read:
AB40-ASA1,537,219 48.645 (1) (a) The child is living in a foster home licensed under s. 48.62 if a
20license is required under that section, in a foster home located within the boundaries
21of a reservation in this state and licensed by the tribal governing body of the
22reservation, in a group home licensed under s. 48.625, in a subsidized guardianship
23home under s. 48.62 (5) 48.623, or in a residential care center for children and youth
24licensed under s. 48.60, and has been placed in the foster home, group home,
25subsidized guardianship home, or center by a county department under s. 46.215,

146.22, or 46.23, by the department, or by a governing body of an Indian tribe in this
2state under an agreement with a county department under s. 46.215, 46.22, or 46.23.
AB40-ASA1, s. 1332y 3Section 1332y. 48.645 (2) (a) 1. of the statutes is amended to read:
AB40-ASA1,537,174 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
5home having a license under s. 48.62, in a foster home located within the boundaries
6of a reservation in this state and licensed by the tribal governing body of the
7reservation or in a group home licensed under s. 48.625, a subsidized guardian or
8interim caretaker under s. 48.62 (5) 48.623 who cares for the dependent child, or a
9minor custodial parent who cares for the dependent child, regardless of the cause or
10prospective period of dependency. The state shall reimburse counties pursuant to the
11procedure under s. 48.569 (2) and the percentage rate of participation set forth in s.
1248.569 (1) (d) for aid granted under this section except that if the child does not have
13legal settlement in the granting county, state reimbursement shall be at 100%. The
14county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48
15(17) shall determine the legal settlement of the child. A child under one year of age
16shall be eligible for aid under this subsection irrespective of any other residence
17requirement for eligibility within this section.
AB40-ASA1, s. 1333 18Section 1333. 48.67 (intro.) of the statutes is amended to read:
Loading...
Loading...