SB82: Bill Text

SB82,18,10 c. Whether making an exception to the denial or prohibition would be is in the best interests of the child.

SB82, s. 24 Section 24 . 48.57 (3p) (h) 4. of the statutes is repealed and recreated to read:

SB82,18,19 48.57 (3p) (h) 4. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the petitioner and to the county department or subunit of the department whose denial or prohibition is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose denial or prohibition is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

SB82,18,20 a. The petitioner withdraws the petition in writing.

SB82,18,23 b. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

SB82, s. 25 Section 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 of the statutes is repealed.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.

SB82, s. 26 Section 26 . 48.57 (3p) (hm) of the statutes is amended to read:

SB82,19,11 48.57 (3p) (hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review arrest and conviction records under this paragraph determines that the person has any arrest for which a criminal charge is pending or conviction that is likely to adversely affect the child or the long-term kinship 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.

SB82, s. 27 Section 27 . 48.57 (3r) of the statutes is created to read:

SB82,19,19 48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments, the department may request the secretary of administration under s. 16.515 to supplement that appropriation for the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1), the secretary of administration may supplement the appropriation under s. 20.435 (3) (kc) if all of the following occur:

SB82,20,3 (a) The secretary of administration determines that the amounts in the appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments.

SB82,20,8 (b) The joint committee on finance either does not schedule a meeting for the purpose of reviewing the proposed supplementation within 14 working days after the secretary of administration notifies the committee of the proposed supplementation or, if the committee schedules a meeting for the purpose of reviewing the proposed supplementation, 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.

SB82, s. 28 Section 28. 48.57 (3t) of the statutes is amended to read:

SB82,20,20 48.57 (3t) Notwithstanding subs. (3m), (3n), and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n), and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n), (3n), and (3p) shall specify who is to make any determination as to whether a an arrest and conviction record is satisfactory.

SB82, s. 29 Section 29 . 48.979 of the statutes is created to read:

SB82,21,2 48.979 Authorization to consent to health services. (1) Definitions. In this section:

SB82,21,4 (a) "Caregiver" means an individual who has attained 18 years of age with whom a child resides.

SB82,21,5 (b) "Health care facility" has the meaning given in s. 155.01 (6).

SB82,21,8 (c) "Health care provider" means any person licensed, registered, permitted, or certified by the department of health and family services or by the department of regulation and licensing to provide health services in this state.

SB82,21,10 (d) "Health services" means any ordinary or emergency care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.

SB82,21,13 (2) Authorizing a caregiver to consent to health services. (a) A parent may authorize a caregiver to consent to health services for the parent's child by completing a health services consent form.

SB82,21,14 (b) A valid health services consent form shall be all of the following:

SB82,21,15 1. In writing.

SB82,21,17 2. Dated and signed by the parent and the caregiver whom the parent is authorizing to consent to health services for the child.

SB82,21,18 3. Voluntarily executed.

SB82,21,22 (c) A health services consent form under this section shall remain in effect for the period of time specified on the form, which period may not exceed one year from the date on which the form is executed, unless the form is revoked or otherwise made invalid earlier.

SB82,21,25 (d) Nothing in this section shall be construed to make invalid other instruments that are voluntarily executed by a parent authorizing an individual or other entity to consent to health services for the parent's child.

SB82,22,6 (3) Effect of health services consent form; form. (a) Unless the health services consent form, a guardianship order, or any other court order provides otherwise, a caregiver designated in a health services consent form who is known to a health care provider to be available to consent to health services for a child has priority over all other individuals other than a parent to make health services decisions as provided in the health services consent form.

SB82,22,15 (b) The department shall prepare the health services consent form and accompanying information. The department shall include, in information accompanying the form, at least the statutory definitions of the terms used in the form. The department shall prepare the form and accompanying information in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department. The department shall make the health services consent form available at no charge on the Internet. The health services consent form prepared by the department shall be in substantially the following form:

SB82,22,16 HEALTH SERVICES CONSENT

SB82,22,20 Use of form: Use of this form is voluntary, but completion of the form will aid the caregiver of a child in ensuring that appropriate and timely health care is provided for the child. The form is to be completed by the parent of a child who is being cared for by another adult.

SB82,22,22 Instructions: If additional space is needed, attach a separate sheet or use reverse side of this form.

SB82,23,2 AUTHORIZATION TO CONSENT TO HEALTH SERVICES

SB82,23,5 I, .... (print name of parent), hereby authorize my child's caregiver .... (print name of caregiver), to do the following for my child, .... (print name and date of birth of child):

SB82,23,6 A. Routine Health Services Consent and Exclusions:

SB82,23,10 Provide consent for routine health services for the above-named child, including medical and dental examinations and nonemergency prescribed treatments (for example, tooth repair, immunizations, and medications), with the following exceptions: (If there are no exceptions, write "none.")

SB82,23,11 ........................................................................................................................................

SB82,23,12 ........................................................................................................................................

SB82,23,13 B. Emergency Health Services Consent and Exclusions:

SB82,23,15 In case of a medical emergency involving the above-named child, arrange for emergency health services using the following procedures:

SB82,23,17 1. A reasonable effort will be made to contact me and secure my consent for needed emergency health services, including surgical procedures.

SB82,23,19 2. If I cannot be located within a reasonable time, the child's caregiver has the authority to consent to emergency health services, including surgery performed.

SB82,23,21 3. All health services will be provided under the direction of a licensed dental care provider or physician or other licensed health care provider as appropriate.

SB82,24,3 I have no objections to the caregiver exercising his or her authority to consent to emergency health services as provided above, with the following exceptions: (If there are no exceptions, write "none.")

SB82,24,4 ........................................................................................................................................

SB82,24,5 ........................................................................................................................................

SB82,24,9 The authority granted under this health services consent form shall remain in effect until .... (print date), unless revoked or made invalid earlier. (The parent may specify any date agreed to between the parent and caregiver up to one year after the date on which the form is signed.)

SB82,24,10 Signature of parent .... Date ....

SB82,24,11 Name of parent (print) ....

SB82,24,12 STATEMENT OF CAREGIVER

SB82,24,18 I understand that .... (name of parent) has authorized me to make health services decisions for .... (name of child). I agree to make health services decisions for the above-named child consistent with what I and the child's health care providers believe is in the child's best interest, consistent with the authority granted in this form, and consistent with any other wishes or beliefs of the child's parent of which I am aware.

SB82,24,19 Signature of Caregiver .... Date ....

SB82,24,20 CONTACT INFORMATION

SB82,24,21 A. Parent:

SB82,24,22 Name (print) ....

SB82,24,23 Home address .... Home telephone number ....

SB82,24,24 Work address .... Work telephone number ....

SB82,24,25 Other address (specify) .... Other telephone number ....

SB82,25,1 B. Caregiver:

SB82,25,2 Name (print) ....

SB82,25,3 Home address .... Home telephone number ....

SB82,25,4 Work address .... Work telephone number ....

SB82,25,5 Other address (specify) .... Other telephone number ....

SB82,25,7 (4) Revocation of health services form. (a) A parent may revoke a health services consent form at any time by doing any of the following:

SB82,25,9 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health services consent form.

SB82,25,11 2. Executing a statement, in writing, that is signed and dated by the parent, expressing the parent's intent to revoke the health services consent form.

SB82,25,12 3. Executing a subsequent health services consent form.

SB82,25,14 (b) A health services consent form is not valid if the minor no longer resides with the caregiver.

SB82,25,18 (c) If a caregiver knows that the instrument that authorized him or her to make health services decisions for a child has been revoked or is no longer valid, the caregiver shall communicate this fact to any health care provider for the child that the caregiver knows has a copy of the health services consent form.

SB82,25,22 (d) The child's health care provider shall, upon notification of revocation or invalidity of the health services consent form, record in the child's medical record the time, date, and place of the notification to the health care provider of the revocation or invalidity.

SB82,26,2 (5) Duties and immunities. (a) No health care facility or health care provider may be charged with a crime, held civilly liable, or charged with unprofessional conduct for any of the following in providing health services under a health services consent form:

SB82,26,6 1. Complying, in the absence of actual knowledge of a revocation, with the terms of a health services consent form that is in compliance with this section or the decision of a caregiver that is made under a health services consent form that is in compliance with this section.

SB82,26,9 2. Acting contrary to or failing to act on a revocation of a health services consent form, unless the health care facility or health care provider has actual knowledge of the revocation.

SB82,26,12 3. Acting contrary to or failing to act on the health services decision of a parent, unless the health care facility or health care provider has actual knowledge of the parent's health services decision.

SB82,26,16 (b) In the absence of actual notice to the contrary, a health care facility or health care provider may presume that a parent was authorized to execute the health services consent form under the requirements of this section and that the form is valid.

SB82,26,19 (c) No caregiver may be charged with a crime or held civilly liable for making a decision in good faith under a health services consent form that is in compliance with this section.

SB82,26,23 (6) Penalties. (a) Whoever knowingly falsifies or forges a health services consent form with intent to create the false impression that a person other than the caregiver has been designated to consent to health services for a child is subject to a forfeiture not to exceed $200.

SB82,27,5 (b) Whoever gives or attempts to give consent for health services based on a health services consent form that the individual knows has been executed without the voluntary consent of the parent, that the individual knows has been forged or substantially altered without the authorization of the child's parent, or that the individual knows has been revoked, with the intent to act contrary to the parent's wishes may be fined not more than $500 or imprisoned for not more than 30 days or both.

Note: Section 29 creates a new section in the Children's Code that allows a parent to complete a form that gives an adult with whom a child lives the authority to make health services decisions for the child on behalf of the parent.

This Section includes a health services consent form. The form must be signed by the parent and by the caregiver. DHFS must prepare the health services consent form and accompanying information and make the form available, at no charge, on the Internet. The form must be prepared in English, Spanish, and any other language that DHFS determines is spoken by a significant number of state residents.

A valid health services consent form gives the caregiver the authority to make routine and emergency health care decisions for the named child. A contravening decision by a parent, however, supersedes the caregiver's decision.

This Section allows a parent to revoke a health services consent form. Also, a form is not valid if the child no longer lives with the caregiver.

This Section provides immunity from liability for health care providers who act in good faith in complying with a health services consent form. In addition, a caregiver may not be liable for making a decision in good faith under a valid health services consent form.

The Section provides penalties for falsifying a health services consent form and for attempting to give consent under a forged or revoked form with the intent of acting contrary to the wishes of the child's parent's.

SB82, s. 30 Section 30 . 49.155 (5) of the statutes is renumbered 49.155 (5) (a) and amended to read:

SB82,27,10 49.155 (5) (a) An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule except as provided in pars. (b), (c), and (d).