SB488: Bill Text

SB488,4,25 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

SB488, s. 3 Section 3. 46.10 (14) (b) of the statutes is amended to read:

SB488,5,10 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

SB488, s. 4 Section 4. 46.261 (1) (a) of the statutes is amended to read:

SB488,5,22 46.261 (1) (a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, in a subsidized guardianship home under s. 48.62 (5), or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, subsidized guardianship home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22, or 46.23.

SB488, s. 5 Section 5. 46.261 (2) (a) 1. of the statutes is amended to read:

SB488,6,13 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian under s. 48.62 (5) who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB488, s. 6 Section 6. 46.261 (2) (a) 3. of the statutes is amended to read:

SB488,6,25 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 , or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department or the department.

SB488, s. 7 Section 7. 46.261 (2) (a) 4. of the statutes is amended to read:

SB488,7,10 46.261 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

SB488, s. 8 Section 8. 46.261 (2) (b) of the statutes is amended to read:

SB488,7,20 46.261 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, group home, subsidized guardianship home, or residential care center for children and youth by a tribal governing body or its designee, or for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.

SB488, s. 9 Section 9. 46.495 (1) (d) of the statutes is amended to read:

SB488,8,15 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB488, s. 10 Section 10. 46.51 (4) of the statutes is amended to read:

SB488,8,20 46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and, treatment foster parents, and subsidized guardians to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

SB488, s. 11 Section 11. 48.33 (4) (intro.) of the statutes is amended to read:

SB488,9,2 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home, or residential care center for children and youth or, in the home of a relative other than a parent, or in the home of the child's guardian under s. 48.977 (2) shall be in writing and shall include all of the following:

SB488, s. 12 Section 12. 48.345 (3) (c) of the statutes is amended to read:

SB488,9,6 48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or, a group home licensed under s. 48.625 , or in the home of the child's guardian under s. 48.977 (2).

SB488, s. 13 Section 13. 48.356 (1) of the statutes is amended to read:

SB488,9,17 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 or whenever the court appoints a guardian for a child under s. 48.977 (2), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which that may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

SB488, s. 14 Section 14. 48.425 (1) (g) of the statutes is amended to read:

SB488,9,25 48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child or a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child or that a guardian be appointed for the child under s. 48.977 (2).

SB488, s. 15 Section 15. 48.427 (3m) (intro.) of the statutes is amended to read:

SB488,10,4 48.427 (3m) (intro.) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has not been appointed under s. 48.977, the court shall either do one of the following:

SB488, s. 16 Section 16. 48.427 (3m) (c) of the statutes is created to read:

SB488,10,7 48.427 (3m) (c) Appoint a guardian under s. 48.977 and transfer guardianship and custody of the child to the guardian.

SB488, s. 17 Section 17. 48.427 (3p) of the statutes is amended to read:

SB488,10,13 48.427 (3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.

SB488, s. 18 Section 18. 48.48 (17) (a) 3. of the statutes is amended to read:

SB488,11,2 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of the children's guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

SB488, s. 19 Section 19. 48.48 (17) (c) 4. of the statutes is amended to read:

SB488,11,6 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a subsidized guardian under s. 48.62 (5).

SB488, s. 20 Section 20. 48.57 (1) (c) of the statutes is amended to read:

SB488,11,20 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of the children's guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

SB488, s. 21 Section 21. 48.57 (3) (a) 4. of the statutes is amended to read:

SB488,11,24 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or residential care center for children and youth or is living in the home of a subsidized guardian under s. 48.62 (5).

SB488, s. 22 Section 22. 48.57 (3m) (cm) of the statutes is amended to read:

SB488,12,3 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or (5) for that child.

SB488, s. 23 Section 23. 48.57 (3n) (cm) of the statutes is amended to read:

SB488,12,7 48.57 (3n) (cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) or (5) for that child.

SB488, s. 24 Section 24. 48.61 (3) of the statutes is amended to read:

SB488,12,12 48.61 (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of the children's guardians under s. 48.977 (2).

SB488, s. 25 Section 25. 48.615 (1) (b) of the statutes is amended to read:

SB488,12,18 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of the children's guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.

SB488, s. 26 Section 26. 48.62 (5) of the statutes is created to read:

SB488,13,2 48.62 (5) (a) Subject to par. (b), a county department or, in a county having a population of 500,000 or more, the department shall provide monthly subsidized guardianship payments in the amount specified in par. (c) to a guardian of a child under s. 48.977 (2) who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department if the child meets any of the following conditions:

SB488,13,13 1. The child has been placed outside of his or her home, as described in s. 48.365 (1), for a cumulative total period of one year or longer, the court has found under s. 48.977 (2) (f) that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, or that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. apply, and the court has found under s. 48.977 (4) (h) 2. that appointment of a guardian for the child is in the best interests of the child.

SB488,13,18 2. The child does not meet the conditions specified in subd. 1., but the county department or department has determined, and the court has confirmed under s. 48.977 (3r), that appointing a guardian for the child under s. 48.977 (2) and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.

SB488,14,6 (b) The department shall request from the secretary of the federal department of health and human services a waiver of the requirements under 42 USC 670 to 679a that would authorize the state to receive federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the costs of providing care for a child who is in the care of a guardian who was licensed as the child's foster parent or treatment foster parent before the guardianship appointment and who has entered into a subsidized guardianship agreement with the county department or department. If the waiver is approved for a county having a population of 500,000 or more, the department shall provide the monthly payments under par. (a) from the appropriations under s. 20.435 (3) (cx), (gx), (kw), and (mx). If the waiver is approved for any other county, the department shall determine which counties are authorized to provide monthly payments under par. (a), and the county departments of those counties shall provide those payments from moneys received under s. 46.495 (1) (d).

SB488,14,11 (c) The amount of a monthly payment under par. (a) for the care of a child shall equal the amount received under sub. (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian who receives a monthly payment under par. (a) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).

SB488, s. 27 Section 27. 48.977 (title) of the statutes is amended to read:

SB488,14,14 48.977 (title) Appointment of relatives as guardians for certain children in need of protection or services.

SB488, s. 28 Section 28. 48.977 (1) of the statutes is repealed.

SB488, s. 29 Section 29. 48.977 (2) (intro.) of the statutes is amended to read:

SB488,14,19 48.977 (2) Type of guardianship. (intro.) This section may be used for the appointment of a relative of a child as a guardian of the person for the a child if the court finds all of the following:

SB488, s. 30 Section 30. 48.977 (2) (a) of the statutes is amended to read:

SB488,15,3 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 for a cumulative total period of one year or longer or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).

SB488, s. 31 Section 31. 48.977 (2) (b) of the statutes is amended to read:

SB488,15,9 48.977 (2) (b) That the person nominated as the guardian of the child is a relative of the child person with whom the child has been placed or in whose home placement of the child is recommended under par. (a) and that it is likely that the child will continue to be placed with that relative person for an extended period of time or until the child attains the age of 18 years.

SB488, s. 32 Section 32. 48.977 (2) (c) of the statutes is amended to read:

SB488,15,13 48.977 (2) (c) That, if appointed, it is likely that the relative person would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB488, s. 33 Section 33. 48.977 (2) (f) of the statutes is amended to read:

SB488,16,9 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB488, s. 34 Section 34. 48.977 (3r) of the statutes is created to read:

SB488,16,21 48.977 (3r) Subsidized guardianship. Subject to s. 48.62 (5) (b), if a county department or, in a county having a population of 500,000 or more, the department has determined under s. 48.62 (5) (a) 2. that appointing a guardian under sub. (2) for a child who does not meet the conditions specified under s. 48.62 (5) (a) 1. and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of that determination and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming that determination. If the court confirms that determination and appoints a guardian for the child under sub. (2), the county department or department shall provide monthly subsidized guardianship payments to the guardian under s. 48.62 (5).

SB488, s. 35 Section 35. 48.977 (4) (a) 4. of the statutes is amended to read:

SB488,16,25 48.977 (4) (a) 4. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

SB488, s. 36 Section 36. 48.977 (4) (a) 6. of the statutes is amended to read:

SB488,17,5 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child's placement with the guardian is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23.

SB488, s. 37 Section 37. 48.977 (4) (b) 3. of the statutes is amended to read:

SB488,17,13 48.977 (4) (b) 3. The date the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates that the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

SB488, s. 38 Section 38. 48.977 (4) (c) 1. g. of the statutes is amended to read:

SB488,17,17 48.977 (4) (c) 1. g. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

SB488, s. 39 Section 39. 48.977 (4) (e) of the statutes is amended to read:

SB488,18,6 48.977 (4) (e) Court report. The For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency plan prepared under s. 48.38 or 938.38, if one has been prepared, and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm).

SB488, s. 40 Section 40. 48.977 (4) (g) 1. of the statutes is amended to read:

SB488,18,9 48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.

SB488, s. 41 Section 41. 48.977 (4) (g) 2. of the statutes is amended to read:

SB488,18,13 48.977 (4) (g) 2. The willingness and ability of the relative person to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB488, s. 42 Section 42. 48.977 (4) (h) 1. of the statutes is amended to read:

SB488,18,17 48.977 (4) (h) 1. A disposition dismissing the petition if the court determines that appointment of the relative person as the child's guardian is not in the best interests of the child.

SB488, s. 43 Section 43. 48.977 (4) (h) 2. of the statutes is amended to read:

SB488,18,23 48.977 (4) (h) 2. A disposition ordering that the relative person with whom the child has been placed or in whose home placement of the child is recommended as described in sub. (2) (a) be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b), if the court determines that such an appointment is in the best interests of the child.

SB488, s. 44 Section 44. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

SB488,19,6 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.

SB488, s. 45 Section 45. 49.155 (1m) (bm) of the statutes is amended to read: