AB100: Bill Text

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AB100, s. 1029 Section 1029. 48.977 (1) of the statutes is repealed.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

AB100,527,2 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.

AB100, s. 1035 Section 1035. 48.977 (3r) of the statutes is created to read:

AB100,527,14 48.977 (3r) Subsidized guardianship. Subject to s. 48.62 (5) (d), 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).

AB100, s. 1036 Section 1036. 48.977 (4) (a) 4. of the statutes is amended to read:

AB100,527,18 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.

AB100, s. 1037 Section 1037. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100,527,23 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.

AB100, s. 1038 Section 1038. 48.977 (4) (b) 3. of the statutes is amended to read:

AB100,528,7 48.977 (4) (b) 3. The date on which 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 on which 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.

AB100, s. 1039 Section 1039. 48.977 (4) (c) 1. g. of the statutes is amended to read:

AB100,528,11 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.

AB100, s. 1040 Section 1040. 48.977 (4) (e) of the statutes is amended to read:

AB100,528,25 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).

AB100, s. 1041 Section 1041. 48.977 (4) (g) 1. of the statutes is amended to read:

AB100,529,3 48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.

AB100, s. 1042 Section 1042. 48.977 (4) (g) 2. of the statutes is amended to read:

AB100,529,7 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.

AB100, s. 1043 Section 1043. 48.977 (4) (h) 1. of the statutes is amended to read:

AB100,529,11 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.

AB100, s. 1044 Section 1044. 48.977 (4) (h) 2. of the statutes is amended to read:

AB100,529,17 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.

AB100, s. 1045 Section 1045. 48.982 (4) (a) of the statutes is amended to read:

AB100,529,22 48.982 (4) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (m), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.

AB100, s. 1046 Section 1046. 48.982 (6) (a) of the statutes is amended to read:

AB100,530,3 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

AB100, s. 1047 Section 1047. 48.982 (7) (a) of the statutes is amended to read:

AB100,530,7 48.982 (7) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB100, s. 1048 Section 1048. 49.001 (1) of the statutes is amended to read:

AB100,530,11 49.001 (1) "Child care provider" means a child care provider that is licensed under s. 48.65 49.98 (1), certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).

AB100, s. 1049 Section 1049. 49.134 (2) (a) of the statutes is amended to read:

AB100,530,16 49.134 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

AB100, s. 1050 Section 1050. 49.136 (1) (b) of the statutes is amended to read:

AB100,530,20 49.136 (1) (b) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).

AB100, s. 1051 Section 1051. 49.136 (1) (e) of the statutes is amended to read:

AB100,531,2 49.136 (1) (e) "Day care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65 49.98, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.

AB100, s. 1052 Section 1052. 49.136 (2) (a) of the statutes is amended to read:

AB100,531,5 49.136 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall may award grants for the start-up or expansion of child care services.

AB100, s. 1053 Section 1053. 49.136 (2) (b) of the statutes is amended to read:

AB100,531,14 49.136 (2) (b) The If the department awards grants under this section, the department shall attempt to award the grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employees, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin works Works employment position under s. 49.147 (3) to (5).

AB100, s. 1054 Section 1054. 49.137 (1) (a) of the statutes is amended to read:

AB100,531,18 49.137 (1) (a) "Child care provider" means a provider licensed under s. 48.65 49.98, certified under s. 48.651 49.156, or established or contracted for under s. 120.13 (14).

AB100, s. 1055 Section 1055. 49.137 (2) (a) of the statutes is amended to read:

AB100,532,2 49.137 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB100, s. 1056 Section 1056. 49.137 (3) (a) of the statutes is amended to read:

AB100,532,6 49.137 (3) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

AB100, s. 1057 Section 1057. 49.137 (4) (intro.) of the statutes is amended to read:

AB100,532,12 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.155 (1g) (b) (d), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

AB100, s. 1058 Section 1058. 49.137 (4m) of the statutes is amended to read:

AB100,532,18 49.137 (4m) Local pass-through grant program. The From the allocation under s. 49.155 (1g) (d), the department shall award grants to local governments and tribal governing bodies for programs to improve the quality of child care. The department shall promulgate rules to administer the grant program, including rules that specify the eligibility criteria and procedures for awarding the grants.

AB100, s. 1059 Section 1059. 49.1375 of the statutes is repealed.

AB100, s. 1060 Section 1060. 49.147 (3) (d) of the statutes is created to read:

AB100,532,23 49.147 (3) (d) Trial jobs plus pilot project. The department shall design and, from January 1, 2006, to June 30, 2007, conduct a pilot project for a trial jobs plus program that includes the following features:

AB100,533,2 1. The project is limited to 1,000 participants and is conducted in at least one of the geographical areas established by the department under s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.

AB100,533,6 2. Except as otherwise provided in this paragraph, all provisions of the statutes that apply to the trial job program or a trial job under this subsection apply to the pilot project or a trial job plus under this paragraph, including eligibility requirements.

AB100,533,15 3. An employer that employs a participant under this paragraph and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the trial job plus. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency or intermediary under subd. 4. a written performance evaluation of the participant, including recommendations for improvements.

AB100,533,17 4. The Wisconsin Works agency may contract with an intermediary that acts as any of the following:

AB100,533,18 a. A placement agency.

AB100,533,19 b. An employer of record of a participant under this paragraph.

AB100,533,21 c. A provider of supportive services, including coaching, mentoring, counseling, or job placement services.

AB100,534,2 5. Subject to subd. 3., the Wisconsin Works agency or intermediary under subd. 4. pays an employer that employs a participant under this paragraph a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. In addition, the Wisconsin Works agency or intermediary reimburses the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:

AB100,534,3 a. Federal social security taxes.

AB100,534,4 b. State and federal unemployment contributions or taxes, if any.

AB100,534,5 c. Worker's compensation insurance premiums, if any.

AB100,534,8 6. Training activities prescribed by the employer under par. (am) consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy.

AB100,534,10 7. Participation by an individual in a trial job plus is limited to 6 months with a possible extension of up to 3 months.

AB100,534,13 8. Notwithstanding the ending date for the project, for any participant who is accepted into the program before June 30, 2007, payments under subd. 5. shall be made until the participant completes his or her participation in the trial job plus.

AB100, s. 1061 Section 1061. 49.147 (6) (c) of the statutes is amended to read:

AB100,534,18 49.147 (6) (c) Distribution and administration. From the appropriations appropriation under s. 20.445 (3) (dz), (jL), and (md), the department shall distribute funds for job access loans to a Wisconsin Works agency, which shall administer the loans in accordance with rules promulgated by the department.

AB100, s. 1062 Section 1062. 49.148 (1m) (title) of the statutes is amended to read:

AB100,534,20 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman.