AB201,9,2013 48.57 (3n) (f) Any person whose application for payments under par. (am) is not
14acted on promptly within 45 days after receipt of a completed application or is denied
15on the grounds that a condition specified in par. (am) 1., 2., 5., 5m., or 5r. has not been
16met and any person whose payments under par. (am) are discontinued under par. (d)
17may petition the department under par. (g) for a review of that action or failure to
18act, denial, or discontinuation. Review is unavailable if the action or failure to act,
19denial, or discontinuation
arose more than 45 days before submission of the petition
20for review.
AB201, s. 13 21Section 13 . 48.57 (3n) (g) 2. of the statutes is amended to read:
AB201,10,12
148.57 (3n) (g) 2. If a recipient requests a hearing within 10 days after the date
2of notice that his or her payments under par. (am) are being discontinued
before the
3date on which his or her payments under par. (am) are to be discontinued
, those
4payments may not be discontinued, except as provided in subd. 2. a. or b., until a
5decision is rendered after the hearing, but payments made pending the hearing
6decision may be recovered by the county department or department if the contested
7action or failure to act
discontinuation is upheld. The department shall promptly
8notify the county department of the county in which the recipient resides or, if the
9recipient resides in a county having a population of 500,000 or more, the subunit of
10the department administering of the long-term kinship care program in that county
11that the recipient has requested a hearing. Payments under par. (am) shall be
12discontinued pending a hearing decision if any of the following applies:
Note: Under Section 13, a long-term kinship care relative whose payments are
discontinued must request a hearing before the date the payments are to be discontinued
in order to continue receiving payments pending the hearing decision.
AB201, s. 14 13Section 14 . 48.57 (3p) (d) of the statutes is amended to read:
AB201,11,214 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a
15nonresident, or at any time within the 5 years preceding the date of the application
16has been a nonresident, or if the county department or, in a county having a
17population of 500,000 or more, the department of health and family services
18determines that the person's employment, licensing, or state court records provide
19a reasonable basis for further investigation, the county department or department
20of health and family services shall require the person to be fingerprinted on 2
21fingerprint cards, each bearing a complete set of the person's fingerprints. The
22department of justice may provide for the submission of the fingerprint cards to the
23federal bureau of investigation for the purposes of verifying the identity of the person

1fingerprinted and obtaining records of his or her criminal arrest and conviction
2arrests for which a criminal charge is pending and convictions.
AB201, s. 15 3Section 15. 48.57 (3p) (e) 4. of the statutes is amended to read:
AB201,11,84 48.57 (3p) (e) 4. Information regarding the conviction record of the person
5person's record of arrests for which a criminal charge is pending and convictions
6under the law of this state or any other state or under federal law. This information
7shall be provided on a notarized background verification form that the department
8shall provide by rule.
AB201, s. 16 9Section 16. 48.57 (3p) (fm) 1. of the statutes is amended to read:
AB201,12,210 48.57 (3p) (fm) 1. The county department or, in a county having a population
11of 500,000 or more, the department of health and family services may provisionally
12approve the making of payments under sub. (3m) based on the applicant's statement
13under sub. (3m) (am) 4m. The county department or department of health and family
14services may not finally approve the making of payments under sub. (3m) unless the
15county department or department of health and family services receives information
16from the department of justice indicating that the arrest and conviction record of the
17applicant under the law of this state is satisfactory according to the criteria specified
18in par. (g) 1. to 3.
does not include any arrest for which a criminal charge is pending
19or conviction that could adversely affect the child or the ability of the applicant to care
20for the child
or payment is approved under par. (h) 4. The county department or
21department of health and family services may make payments under sub. (3m)
22conditioned on the receipt of information from the federal bureau of investigation
23indicating that the person's arrest and conviction record under the law of any other
24state or under federal law is satisfactory according to the criteria specified in par. (g)

11. to 3
does not include any arrest for which a criminal charge is pending or conviction
2that could adversely affect the child or the ability of the applicant to care for the child
.
AB201, s. 17 3Section 17. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
AB201,13,34 48.57 (3p) (fm) 1m. The county department or, in a county having a population
5of 500,000 or more, the department of health and family services may not enter into
6the agreement under sub. (3n) (am) 6. unless the county department or department
7of health and family services receives information from the department of justice
8relating to the indicating that the arrest and conviction record of the applicant under
9the law of this state and that record indicates either that the applicant has not been
10arrested or convicted or that the applicant has been arrested or convicted but
does
11not include any arrest for which a criminal charge is pending or conviction that
the
12director of the county department or, in a county having a population of 500,000 or
13more, the person designated by the secretary of health and family services to review
14arrest and conviction records under this subdivision determines that the conviction
15record is satisfactory because it does not include any arrest or conviction that the
16director or person designated by the secretary determines
is likely to adversely affect
17the child or the long-term kinship care relative's applicant's ability to care for the
18child. The county department or, in a county having a population of 500,000 or more,
19the department of health and family services may make payments under sub. (3n)
20conditioned on the receipt of information from the federal bureau of investigation
21indicating that the person's arrest and conviction record under the law of any other
22state or under federal law is satisfactory because the conviction record does not
23include any arrest for which a criminal charge is pending 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 of health and family services to review

1arrest and conviction records under this subdivision determines is likely to adversely
2affect the child or the long-term kinship care relative's person's ability to care for the
3child.
AB201, s. 18 4Section 18. 48.57 (3p) (fm) 2. of the statutes is amended to read:
AB201,14,155 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may
6provisionally employ a person in a position in which that person would have regular
7contact with the child for whom those payments are being made or provisionally
8permit a person to be an adult resident if the person receiving those payments states
9to the county department or, in a county having a population of 500,000 or more, the
10department of health and family services that the employee or adult resident does
11not have any arrests for which a criminal charge is pending or convictions that could
12adversely affect the child or the ability of the person receiving payments to care for
13the child. A person receiving payments under sub. (3m) may not finally employ a
14person in a position in which that person would have regular contact with the child
15for whom those payments are being made or finally permit a person to be an adult
16resident until the county department or, in a county having a population of 500,000
17or more, the department of health and family services receives information from the
18department of justice indicating that the person's arrest and conviction record under
19the law of this state is satisfactory according to the criteria specified in par. (g) 1. to
203. and the county department or, in a county having a population of 500,000 or more,
21the department of health and family services so advises the person receiving
22payments under sub. (3m)
does not include any arrest for which or criminal charge
23is pending or conviction that could adversely affect the child or the ability of the
24person receiving payments to care for the child
or until a decision is made under par.
25(h) 4. to permit a person who is receiving payments under sub. (3m) to employ a

1person in a position in which that person would have regular contact with the child
2for whom payments are being made or to permit a
the person to be so employed or
3to be
an adult resident and the county department or, in a county having a population
4of 500,000 or more, the department of health and family services so advises the
5person receiving payments under sub. (3m)
. A person receiving payments under sub.
6(3m) may finally employ a person in a position in which that person would have
7regular contact with the child for whom those payments are being made or finally
8permit a person to be an adult resident conditioned on the receipt of information from
9by the county department or, in a county having a population of 500,000 or more, the
10department of health and family services that from the federal bureau of
11investigation indicates indicating that the person's arrest and conviction record
12under the law of any other state or under federal law is satisfactory according to the
13criteria specified in par. (g) 1. to 3
does not include any arrest for which or criminal
14charge is pending or conviction that could adversely affect the child or the ability of
15the person receiving payments to care for the child
.
AB201, s. 19 16Section 19 . 48.57 (3p) (fm) 2m. of the statutes is amended to read:
AB201,16,517 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may
18provisionally employ a person in a position in which that person would have regular
19contact with the child for whom those payments are being made or provisionally
20permit a person to be an adult resident if the person receiving those payments states
21to the county department or, in a county having a population of 500,000 or more, the
22department of health and family services that, to the best of his or her knowledge,
23the employee or adult resident does not have any arrests for which a criminal charge
24is pending
or convictions that could adversely affect the child or the ability of the
25person receiving payments to care for the child. A person receiving payment under

1sub. (3n) may not finally employ a person in a position in which that person would
2have regular contact with the child for whom those payments are being made or
3finally permit a person to be an adult resident until the county department or, in a
4county having a population of 500,000 or more, the department of health and family
5services receives information from the department of justice relating to the person's
6indicating that the arrest and conviction record of the person under the law of this
7state and that record indicates either that the person has not been arrested or
8convicted or that the person has been arrested or convicted but
does not include any
9arrest for which a criminal charge is pending or conviction that
the director of the
10county department or, in a county having a population of 500,000 or more, the person
11designated by the secretary of health and family services to review arrest and
12conviction records under this subdivision determines that the conviction record is
13satisfactory because it does not include any arrest or conviction that
is likely to
14adversely affect the child or the long-term kinship care relative's ability of the person
15receiving payments
to care for the child and the county department or department
16of health and family services so advises the person receiving payments under sub.
17(3n)
. A person receiving payments under sub. (3n) may finally employ a person in
18a position in which that person would have regular contact with the child for whom
19those payments are being made or finally permit a person to be an adult resident
20conditioned on the receipt of information from by the county department or, in a
21county having a population of 500,000 or more, the department of health and family
22services that from the federal bureau of investigation indicates indicating that the
23person's arrest and conviction record under the law of any other state or under
24federal law is satisfactory because the conviction record does not include any arrest
25for which a criminal charge is pending or conviction that the director of the county

1department or, in a county having a population of 500,000 or more, the person
2designated by the secretary of health and family services to review arrest and
3conviction records under this subdivision determines is likely to adversely affect the
4child or the long-term kinship care relative's ability of the person receiving
5payments
to care for the child.
Note: Sections 14 through 19 limit the arrests that may be considered in
conducting a criminal background check for the purpose of determining kinship care
eligibility to arrests for which a criminal charge is pending.
AB201, s. 20 6Section 20. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
AB201,16,167 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or,
8in a county having a population of 500,000 or more, the department of health and
9family services may not make payments to a person applying for payments under
10sub. (3m) and a person receiving payments under sub. (3m) may not employ a person
11in a position in which that person would have regular contact with the child for whom
12those payments are being made or permit a person to be an adult resident if any of
13the following applies
the person has been convicted or penalized as follows and if the
14county department or the department of health and family services determines that
15the conviction or penalty is likely to adversely affect the child or the ability of the
16person applying for or receiving payments to care for the child
:
Note: Section 48.57 (3p) (g) 1. to 3. lists certain convictions and penalties for which
kinship care payments must be denied. The listed convictions and penalties still apply,
but this Section requires a county department or DHFS to determine whether such a
conviction or penalty adversely affects the kinship care relative's ability to care for the
child before denying kinship care benefits.
AB201, s. 21 17Section 21 . 48.57 (3p) (h) 1. of the statutes is amended to read:
AB201,17,718 48.57 (3p) (h) 1. A person who is denied payments under sub. (3m) for a reason
19specified in par. (g) 1., 2. or 3.
based on the person's arrest or conviction record or a
20person who is prohibited from employing a person in a position in which that person

1would have regular contact with the child for whom payments under sub. (3m) are
2being made from permitting a person to be an adult resident for a reason specified
3in par. (g) 1., 2. or 3.
based on the person's arrest or conviction record may request
4that
petition the department for a review of the denial of payments or the prohibition
5on employment or being an adult resident be reviewed under subd. 2. Review is
6unavailable if the denial or prohibition occurred more than 45 days before
7submission of the petition for review
.
AB201, s. 22 8Section 22 . 48.57 (3p) (h) 2. of the statutes is repealed and recreated to read:
AB201,17,159 48.57 (3p) (h) 2. Upon receipt of a timely petition under subd. 1., the
10department shall give the petitioner reasonable notice and an opportunity for a fair
11hearing. The department may make such additional investigation as it considers
12necessary. Notice of the hearing shall be given to the petitioner and to the county
13department or subunit of the department whose denial or prohibition is the subject
14of the petition. That county department or subunit of the department may be
15represented at the hearing.
AB201, s. 23 16Section 23 . 48.57 (3p) (h) 3. of the statutes is amended to read:
AB201,18,317 48.57 (3p) (h) 3. The director of the county department, the person designated
18by the governing body of a federally recognized American Indian tribe or band or, in
19a county having a population of 500,000 or more, the person designated by the
20secretary of health and family services
shall review the denial of payments or the
21prohibition on employment or being an adult resident to determine if the arrest or
22conviction record on which the denial or prohibition is based includes any arrests,
23convictions or penalties that are
is likely to adversely affect the child or the ability
24of the kinship care relative petitioner to care for the child. In reviewing the denial
25or prohibition, the director of the county department , the person designated by the

1governing body of the federally recognized American Indian tribe or band or the
2person designated by the secretary of health and family services
shall consider, but
3not be limited to, all of the following factors:
AB201,18,54 a. The length of time between the date of the arrest, conviction, or of the
5imposition of the penalty and the date of the review.
AB201,18,86 b. The nature of the violation conviction or penalty and how that violation
7conviction or penalty affects the ability of the kinship care relative petitioner to care
8for the child.
AB201,18,109 c. Whether making an exception to the denial or prohibition would be is in the
10best interests of the child.
AB201, s. 24 11Section 24 . 48.57 (3p) (h) 4. of the statutes is repealed and recreated to read:
AB201,18,1912 48.57 (3p) (h) 4. The department shall render its decision as soon as possible
13after the hearing and shall send a certified copy of its decision to the petitioner and
14to the county department or subunit of the department whose denial or prohibition
15is the subject of the petition. The decision of the department shall have the same
16effect as an order of the county department or subunit of the department whose
17denial or prohibition is the subject of the petition. The decision shall be final, but may
18be revoked or modified as altered conditions may require. The department shall deny
19a petition for review or shall refuse to grant relief if any of the following applies:
AB201,18,2020 a. The petitioner withdraws the petition in writing.
AB201,18,2321 b. The petitioner abandons the petition. Abandonment occurs if the petitioner
22fails to appear in person or by a representative at a scheduled hearing without good
23cause, as determined by the department.
AB201, s. 25 24Section 25 . 48.57 (3p) (h) 5. of the statutes is repealed.

Note: Under Sections 21 through 25 if a person is denied kinship care payments
on the basis of his or her arrest or conviction record or prohibited from employing a person
or permitting an adult from living in the person's home based on that person's arrest or
conviction record, the person may petition the DHFS within 45 days of the denial or
prohibition for review. The review must determine whether the arrest or conviction
record will likely adversely affect the child or the person's ability to care for the child.
Upon receipt of a timely petition, DHFS must give the petitioner an opportunity for a fair
hearing.
AB201, s. 26 1Section 26 . 48.57 (3p) (hm) of the statutes is amended to read:
AB201,19,112 48.57 (3p) (hm) A county department or, in a county having a population of
3500,000 or more, the department may not make payments to a person under sub. (3n)
4and a person receiving payments under sub. (3n) may not employ a person in a
5position in which that person would have regular contact with the child for whom
6payments are being made or permit a person to be an adult resident if the director
7of the county department or, in a county having a population of 500,000 or more, the
8person designated by the secretary to review arrest and conviction records under this
9paragraph determines that the person has any arrest for which a criminal charge is
10pending
or conviction that is likely to adversely affect the child or the long-term
11kinship care relative's
ability of the person receiving payments to care for the child.
Note: Section 26 limits the arrests that may be considered in conducting a
criminal background check for the purpose of determining long-term kinship care
eligibility to arrests for which a criminal charge is pending.
AB201, s. 27 12Section 27 . 48.57 (3r) of the statutes is created to read:
AB201,19,1913 48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are
14insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to
15all persons who are eligible to receive those payments, the department may request
16the secretary of administration under s. 16.515 to supplement that appropriation for
17the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1),
18the secretary of administration may supplement the appropriation under s. 20.435
19(3) (kc) if all of the following occur:
AB201,20,3
1(a) The secretary of administration determines that the amounts in the
2appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or
3(3n) (am) (intro.) to all persons who are eligible to receive those payments.
AB201,20,84 (b) The joint committee on finance either does not schedule a meeting for the
5purpose of reviewing the proposed supplementation within 14 working days after the
6secretary of administration notifies the committee of the proposed supplementation
7or, if the committee schedules a meeting for the purpose of reviewing the proposed
8supplementation, the committee approves the proposed supplementation.
Note: Section 27 permits DHFS to request the secretary of administration to
provide supplemental funding for kinship care and long-term kinship care payments if
the amount appropriated for those payments is insufficient to provide those payments to
all persons who are eligible to receive those payments. The joint committee on finance
must approve any supplemental funding proposed by the secretary of administration.
AB201, s. 28 9Section 28. 48.57 (3t) of the statutes is amended to read:
AB201,20,2010 48.57 (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may
11enter into an agreement with the governing body of a federally recognized American
12Indian tribe or band to allow that governing body to administer the program under
13subs. (3m), (3n), and (3p) within the boundaries of that reservation. Any agreement
14under this subsection relating to the administration of the program under sub. (3m)
15shall specify the person with whom a request for review under sub. (3p) (h) 2. may
16be filed and the person who has been designated by the governing body to conduct
17the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.
18Any agreement under this subsection relating to the administration of the program
19under sub. (3n)
, (3n), and (3p) shall specify who is to make any determination as to
20whether a an arrest and conviction record is satisfactory.
AB201, s. 29 21Section 29 . 48.979 of the statutes is created to read:
AB201,21,2
148.979 Authorization to consent to health services. (1) Definitions. In
2this section:
AB201,21,43 (a) "Caregiver" means an individual who has attained 18 years of age with
4whom a child resides.
AB201,21,55 (b) "Health care facility" has the meaning given in s. 155.01 (6).
AB201,21,86 (c) "Health care provider" means any person licensed, registered, permitted, or
7certified by the department of health and family services or by the department of
8regulation and licensing to provide health services in this state.
AB201,21,109 (d) "Health services" means any ordinary or emergency care, treatment,
10service, or procedure to maintain, diagnose, or treat a physical or mental condition.
AB201,21,13 11(2) Authorizing a caregiver to consent to health services. (a) A parent may
12authorize a caregiver to consent to health services for the parent's child by
13completing a health services consent form.
AB201,21,1414 (b) A valid health services consent form shall be all of the following:
AB201,21,1515 1. In writing.
AB201,21,1716 2. Dated and signed by the parent and the caregiver whom the parent is
17authorizing to consent to health services for the child.
AB201,21,1818 3. Voluntarily executed.
AB201,21,2219 (c) A health services consent form under this section shall remain in effect for
20the period of time specified on the form, which period may not exceed one year from
21the date on which the form is executed, unless the form is revoked or otherwise made
22invalid earlier.
AB201,21,2523 (d) Nothing in this section shall be construed to make invalid other instruments
24that are voluntarily executed by a parent authorizing an individual or other entity
25to consent to health services for the parent's child.
AB201,22,6
1(3) Effect of health services consent form; form. (a) Unless the health
2services consent form, a guardianship order, or any other court order provides
3otherwise, a caregiver designated in a health services consent form who is known to
4a health care provider to be available to consent to health services for a child has
5priority over all other individuals other than a parent to make health services
6decisions as provided in the health services consent form.
AB201,22,157 (b) The department shall prepare the health services consent form and
8accompanying information. The department shall include, in information
9accompanying the form, at least the statutory definitions of the terms used in the
10form. The department shall prepare the form and accompanying information in
11English, Spanish, and other languages spoken by a significant number of state
12residents, as determined by the department. The department shall make the health
13services consent form available at no charge on the Internet. The health services
14consent form prepared by the department shall be in substantially the following
15form:
AB201,22,1616 HEALTH SERVICES CONSENT
AB201,22,20 17Use of form: Use of this form is voluntary, but completion of the form will aid
18the caregiver of a child in ensuring that appropriate and timely health care is
19provided for the child. The form is to be completed by the parent of a child who is
20being cared for by another adult.
AB201,22,22 21Instructions: If additional space is needed, attach a separate sheet or use
22reverse side of this form.
AB201,23,2
1AUTHORIZATION TO CONSENT
2 TO HEALTH SERVICES
AB201,23,53 I, .... (print name of parent), hereby authorize my child's caregiver .... (print
4name of caregiver), to do the following for my child, .... (print name and date of birth
5of child):
AB201,23,6 6A. Routine Health Services Consent and Exclusions:
AB201,23,107 Provide consent for routine health services for the above-named child,
8including medical and dental examinations and nonemergency prescribed
9treatments (for example, tooth repair, immunizations, and medications), with the
10following exceptions: (If there are no exceptions, write "none.")
AB201,23,1111 ........................................................................................................................................
AB201,23,1212 ........................................................................................................................................
AB201,23,13 13B. Emergency Health Services Consent and Exclusions:
AB201,23,1514 In case of a medical emergency involving the above-named child, arrange for
15emergency health services using the following procedures:
AB201,23,1716 1. A reasonable effort will be made to contact me and secure my consent for
17needed emergency health services, including surgical procedures.
AB201,23,1918 2. If I cannot be located within a reasonable time, the child's caregiver has the
19authority to consent to emergency health services, including surgery performed.
AB201,23,2120 3. All health services will be provided under the direction of a licensed dental
21care provider or physician or other licensed health care provider as appropriate.
AB201,24,3
1I have no objections to the caregiver exercising his or her authority to consent
2to emergency health services as provided above, with the following exceptions: (If
3there are no exceptions, write "none.")
AB201,24,44 ........................................................................................................................................
AB201,24,55 ........................................................................................................................................
AB201,24,96 The authority granted under this health services consent form shall remain in
7effect until .... (print date), unless revoked or made invalid earlier. (The parent may
8specify any date agreed to between the parent and caregiver up to one year after the
9date on which the form is signed.)
AB201,24,1010 Signature of parent .... Date ....
AB201,24,1111 Name of parent (print) ....
AB201,24,1212 STATEMENT OF CAREGIVER
AB201,24,1813 I understand that .... (name of parent) has authorized me to make health
14services decisions for .... (name of child). I agree to make health services decisions
15for the above-named child consistent with what I and the child's health care
16providers believe is in the child's best interest, consistent with the authority granted
17in this form, and consistent with any other wishes or beliefs of the child's parent of
18which I am aware.
AB201,24,1919 Signature of Caregiver .... Date ....
AB201,24,2020 CONTACT INFORMATION
AB201,24,21 21A. Parent:
AB201,24,2222 Name (print) ....
AB201,24,2323 Home address .... Home telephone number ....
AB201,24,2424 Work address .... Work telephone number ....
AB201,24,2525 Other address (specify) .... Other telephone number ....
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