SB488: Bill Text

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:

SB488,19,12 49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under s. 49.145 (2) (c).

SB488, s. 46 Section 46. 49.155 (1m) (c) 1g. of the statutes is amended to read:

SB488,19,18 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian of the child under s. 48.62 (5), the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

SB488, s. 47 Section 47. 49.46 (1) (a) 5. of the statutes is amended to read:

SB488,19,22 49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care, long-term kinship care or, treatment foster care, or subsidized guardianship placement under ch. 48 or 938, as determined by the department.

SB488, s. 48 Section 48. 767.078 (1) (a) 2. of the statutes is amended to read:

SB488,19,25 767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b.

SB488, s. 49 Section 49. 767.29 (1m) (c) of the statutes is amended to read:

SB488,20,6 767.29 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid to families with dependent children aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

SB488, s. 50 Section 50. 767.29 (2) of the statutes is amended to read:

SB488,21,3 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22, or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19).

SB488, s. 51 Section 51. 767.29 (4) of the statutes is amended to read:

SB488,21,11 767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, except as otherwise ordered by the court on the motion of a party.

SB488, s. 52 Section 52. 938.33 (4) (intro.) of the statutes is amended to read:

SB488,21,19 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of the juvenile's guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

SB488, s. 53 Section 53. 938.345 (4) of the statutes is created to read:

SB488,21,24 938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of the juvenile's guardian under s. 48.977 (2).

SB488, s. 54 Section 54. 938.57 (1) (c) of the statutes is amended to read:

SB488,22,14 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of the juveniles' guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, 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. 55 Section 55. 938.57 (3) (a) 4. of the statutes is amended to read:

SB488,22,18 938.57 (3) (a) 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. 56 Section 56. Nonstatutory provisions.

SB488,22,24 (1) Relative guardianships. Notwithstanding section 48.977 (2) (a), 2001 stats., a petition under section 48.977 (4) of the statutes, as affected by this act, may be filed for the appointment of a relative as the guardian of the person of a child who has been placed, or continued in a placement, outside of his or her home for less than one year on the effective date of this subsection.

SB488,22,25 (End)