AB100: Bill Text

AB100,509,4 48.685 (2) (am) (intro.) The department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity , and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156:

AB100, s. 990 Section 990. 48.685 (2) (am) 5. of the statutes is amended to read:

AB100,509,17 48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board need not obtain the information specified in subds. 1. to 4.

AB100, s. 991 Section 991. 48.685 (2) (b) 1. e. of the statutes is amended to read:

AB100,510,3 48.685 (2) (b) 1. e. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), 49.156 (2m), 49.988 (1), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB100, s. 992 Section 992. 48.685 (2) (b) 4. of the statutes is amended to read:

AB100,510,11 48.685 (2) (b) 4. Subdivision 1. does not apply with respect to a person under 18 years of age, but not under 12 years of age, who is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156 and with respect to whom the department of workforce development, a county department, or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

AB100, s. 993 Section 993. 48.685 (2) (bb) of the statutes is amended to read:

AB100,511,7 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01, or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB100, s. 994 Section 994. 48.685 (2) (bd) of the statutes is amended to read:

AB100,511,25 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with , or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

AB100, s. 995 Section 995. 48.685 (2) (bm) of the statutes is amended to read:

AB100,512,19 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. The department of health and family services, department of workforce development, county department, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

AB100, s. 996 Section 996. 48.685 (3) (a) of the statutes is amended to read:

AB100,513,6 48.685 (3) (a) Every 4 years or at any time within that period that the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board considers appropriate, the department of health and family services, department of workforce development, county department, child welfare agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of an entity, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651 49.156.

AB100, s. 997 Section 997. 48.685 (3) (b) of the statutes is amended to read:

AB100,513,13 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers of the entity other than persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156.

AB100, s. 998 Section 998. 48.685 (3m) of the statutes is amended to read:

AB100,513,21 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department of health and family services, the department of workforce development, a county department, a child welfare agency, or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB100, s. 999 Section 999. 48.685 (4m) (a) (intro.) of the statutes is amended to read:

AB100,514,8 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department of health and family services may not license, or continue or renew the license of, a person to operate an entity, the department of workforce development may not license, or continue the license of, a person to operate a day care center, a county department may not certify a day care provider under s. 48.651 49.156, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department of health and family services, department of workforce development, county department, child welfare agency, or school board knows or should have known any of the following:

AB100, s. 1000 Section 1000. 48.685 (4m) (a) 1. of the statutes is amended to read:

AB100,514,16 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a day care center or for initial certification under s. 48.651 49.156 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.

AB100, s. 1001 Section 1001. 48.685 (4m) (ad) of the statutes is amended to read:

AB100,514,25 48.685 (4m) (ad) The department of health and family services, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, the department of workforce development may license a day care center under s. 49.98, a county department may certify a day care provider under s. 48.651 49.156, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified , or contracted with for a reason specified in par. (a) 1. to 5.

AB100, s. 1002 Section 1002. 48.685 (4m) (b) 1. of the statutes is amended to read:

AB100,515,7 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 49.156, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime.

AB100, s. 1003 Section 1003. 48.685 (5) (a) of the statutes is amended to read:

AB100,515,23 48.685 (5) (a) The department of health and family services may license to operate an entity, the department of workforce development may license to operate a day care center, a county department may certify under s. 48.651 49.156, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department of health and family services, the department of workforce development, the county department, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

AB100, s. 1004 Section 1004. 48.685 (5c) (a) of the statutes is amended to read:

AB100,516,6 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department of health and family services or a child welfare agency that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB100, s. 1005 Section 1005. 48.685 (5c) (am) of the statutes is created to read:

AB100,516,13 48.685 (5c) (am) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the department of workforce development that he or she has been rehabilitated may appeal to the secretary of workforce development or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

AB100, s. 1006 Section 1006. 48.685 (5m) of the statutes is amended to read:

AB100,517,8 48.685 (5m) Notwithstanding s. 111.335, the department of health and family services may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department of health and family services, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department of workforce development may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651 49.156, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 49.98 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 49.156 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department of workforce development, county department, school board, day care center, or day care provider, substantially related to the care of a client.

AB100, s. 1007 Section 1007. 48.685 (6) (a) of the statutes is amended to read:

AB100,517,20 48.685 (6) (a) The department of health and family services shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, the department of workforce development shall require any person who applies for issuance or continuation of a license to operate a day care center, a county department shall require any day care provider who applies for initial certification under s. 48.651 49.156 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

AB100, s. 1008 Section 1008. 48.685 (6) (b) 1. of the statutes is amended to read:

AB100,518,4 48.685 (6) (b) 1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651 of health and family services, for persons who are nonclient residents of an entity that is licensed by the department of health and family services, and for other persons specified by the department of health and family services by rule, the entity shall send the background information form to the department of health and family services.

AB100, s. 1009 Section 1009. 48.685 (6) (b) 1m. of the statutes is created to read:

AB100,518,13 48.685 (6) (b) 1m. For caregivers who are licensed by the department of workforce development, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 49.98 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 49.156, for persons who are nonclient residents of an entity that is licensed by the department of workforce development, and for other persons specified by the department of workforce development by rule, the entity shall send the background information form to the department of workforce development.

AB100, s. 1010 Section 1010. 48.685 (8) of the statutes is amended to read:

AB100,518,22 48.685 (8) The department of health and family services, the department of workforce development, a county department, a child welfare agency , or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB100, s. 1011 Section 1011. 48.69 of the statutes is amended to read:

AB100,519,13 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, or group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67, and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, or group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, or group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, or group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

AB100, s. 1012 Section 1012. 48.715 (1) of the statutes is amended to read:

AB100,519,17 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, or group home or day care center.

AB100, s. 1013 Section 1013. 48.715 (2) (a) of the statutes is amended to read:

AB100,519,22 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, or group home or day care center if the child welfare agency, shelter care facility, or group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

AB100, s. 1014 Section 1014. 48.715 (4) (c) of the statutes is amended to read:

AB100,520,3 48.715 (4) (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child welfare agency, shelter care facility, or group home or day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

AB100, s. 1015 Section 1015. 48.715 (6) of the statutes is amended to read:

AB100,520,19 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB100, s. 1016 Section 1016. 48.715 (7) of the statutes is amended to read:

AB100,521,2 48.715 (7) The department of health and family services shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, or shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.

AB100, s. 1017 Section 1017. 48.73 of the statutes is amended to read:

AB100,521,7 48.73 Inspection of licensees. The department may visit and inspect each child welfare agency, foster home, treatment foster home, and group home and day care center licensed by it the department, and for such purpose shall be given unrestricted access to the premises described in the license.

AB100, s. 1018 Section 1018. 48.735 of the statutes is renumbered 49.998 (1) and amended to read:

AB100,521,17 49.998 (1) Immunization requirements; day care centers. The If the department of health and family services finds that there has been a substantial failure by a day care center to comply with the requirements of s. 252.04, that department shall notify the department of workforce development, and the department of workforce development, after notice to a the day care center licensee, may suspend, revoke, or refuse to continue a the licensee's day care center license in any case in which the department finds that there has been a substantial failure to comply with the requirements of s. 252.04.

AB100, s. 1019 Section 1019. 48.737 of the statutes is renumbered 49.998 (2) and amended to read:

AB100,522,7 49.998 (2) Lead screening, inspection and reduction requirements; day care centers. The If the department of health and family services finds that there has been a substantial failure by a day care center that holds a license under s. 49.98 or a probationary license under s. 49.99 or by a day care provider certified under s. 49.156 to comply with any rule promulgated under s. 254.162, 254.168, or 254.172, that department shall notify the department of workforce development, and the department of workforce development, after notice to a day care provider certified under s. 48.651, or a the day care center that holds a license under s. 48.65 or a probationary license under s. 48.69 or day care provider, may suspend, revoke, or refuse to renew or continue a the license or certification in any case in which the department finds that there has been a substantial failure to comply with any rule promulgated under s. 254.162, 254.168 or 254.172 of the day care center or day care provider.

AB100, s. 1020 Section 1020. 48.74 of the statutes is amended to read:

AB100,522,16 48.74 Authority of department to investigate alleged violations. Whenever the department is advised or has reason to believe that any person is violating any of the provisions of ss. s. 48.60, 48.62, or 48.625 or 48.65, it , the department shall make an investigation to determine the facts. For the purposes of this investigation, it the department shall have authority to inspect the premises where the violation is alleged to occur. If it the department finds that the person is violating any of the specified those sections, it the department may either issue a license if the person is qualified or may institute a prosecution under s. 48.76.

AB100, s. 1021 Section 1021. 48.76 of the statutes is amended to read:

AB100,522,20 48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, or 48.63 or 48.65 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.

AB100, s. 1022 Section 1022. 48.77 of the statutes is amended to read:

AB100,523,2 48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 48.60, 48.62, 48.625, or 48.63 or 48.65. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.

AB100, s. 1023 Section 1023. 48.78 (2) (h) of the statutes is created to read:

AB100,523,23 48.78 (2) (h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 51 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 51 or 938 or to coordinate the delivery of services under this chapter or ch. 51 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the department, county department, or licensed child welfare agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

AB100, s. 1024 Section 1024. 48.975 (3) (a) 1. of the statutes is amended to read:

AB100,524,7 48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or, treatment foster care, or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100, s. 1025 Section 1025. 48.975 (3) (a) 2. of the statutes is amended to read:

AB100,524,14 48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or, treatment foster care, or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB100, s. 1026 Section 1026. 48.975 (4) (a) of the statutes is amended to read:

AB100,524,22 48.975 (4) (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption or, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under s. 48.62 (5).

AB100, s. 1027 Section 1027. 48.975 (4m) of the statutes is created to read:

AB100,525,4 48.975 (4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent's monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance.

AB100, s. 1028 Section 1028. 48.977 (title) of the statutes is amended to read:

AB100,525,7 48.977 (title) Appointment of relatives as guardians for certain children in need of protection or services.

AB100, s. 1029 Section 1029. 48.977 (1) of the statutes is repealed.

AB100, s. 1030 Section 1030. 48.977 (2) (intro.) of the statutes is amended to read:

AB100,525,12 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:

AB100, s. 1031 Section 1031. 48.977 (2) (a) of the statutes is amended to read:

AB100,525,21 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).

AB100, s. 1032 Section 1032. 48.977 (2) (b) of the statutes is amended to read:

AB100,526,2 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.

AB100, s. 1033 Section 1033. 48.977 (2) (c) of the statutes is amended to read:

AB100,526,6 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.

AB100, s. 1034 Section 1034. 48.977 (2) (f) of the statutes is amended to read: