AB100: Bill Text

AB100,486,22 48.427 (3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.

AB100, s. 931 Section 931. 48.48 (10) of the statutes is amended to read:

AB100,486,25 48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).

AB100, s. 932 Section 932. 48.48 (17) (a) 3. of the statutes is amended to read:

AB100,487,14 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB100, s. 933 Section 933. 48.48 (17) (c) 4. of the statutes is amended to read:

AB100,487,18 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 subsidized guardianship home under s. 48.62 (5).

AB100, s. 934 Section 934. 48.57 (1) (c) of the statutes is amended to read:

AB100,488,7 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 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.

AB100, s. 935 Section 935. 48.57 (3) (a) 4. of the statutes is amended to read:

AB100,488,11 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 subsidized guardianship home under s. 48.62 (5).

AB100, s. 936 Section 936. 48.57 (3m) (cm) of the statutes is amended to read:

AB100,488,15 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.

AB100, s. 937 Section 937. 48.57 (3m) (h) of the statutes is created to read:

AB100,488,24 48.57 (3m) (h) A county department or, in a county having a population of 500,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative who continues to receive payments under par. (am) by reducing the amount of the kinship care relative's monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 938 Section 938. 48.57 (3n) (cm) of the statutes is amended to read:

AB100,489,3 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.

AB100, s. 939 Section 939. 48.57 (3n) (h) of the statutes is created to read:

AB100,489,12 48.57 (3n) (h) A county department or, in a county having a population of 500,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care relative who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care relative's monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 940 Section 940. 48.57 (3p) (a) of the statutes is amended to read:

AB100,489,19 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b).

AB100, s. 941 Section 941. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB100,489,25 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB100, s. 942 Section 942. 48.57 (3p) (b) 3. of the statutes is amended to read:

AB100,490,7 48.57 (3p) (b) 3. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that the county department or department of health and family services considers to be appropriate.

AB100, s. 943 Section 943. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB100,490,15 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB100, s. 944 Section 944. 48.57 (3p) (c) 2m. of the statutes is amended to read:

AB100,490,24 48.57 (3p) (c) 2m. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department of health and family services considers to be appropriate.

AB100, s. 945 Section 945. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB100,491,8 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

AB100, s. 946 Section 946. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

AB100,492,7 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 500,000 or more, the department of health and family services may not enter into the agreement under sub. (3n) (am) 6. or make payments under s. 48.62 (5) (a) or (b) unless the county department or department of health and family services receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the long-term kinship care relative's applicant's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments under sub. (3n) or s. 48.62 (5) (a) or (b) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's applicant's ability to care for the child.

AB100, s. 947 Section 947. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

AB100,493,20 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) or s. 48.62 (5) (a) or (b) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest 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 and the county department or department of health and family services so advises the person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b). A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines 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.

AB100, s. 948 Section 948. 48.57 (3p) (hm) of the statutes is amended to read:

AB100,494,6 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) or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) 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 conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's person's ability to care for the child.

AB100, s. 949 Section 949. 48.61 (3) of the statutes is amended to read:

AB100,494,11 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 guardians under s. 48.977 (2).

AB100, s. 950 Section 950. 48.615 (1) (b) of the statutes is amended to read:

AB100,494,17 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 guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.

AB100, s. 951 Section 951. 48.62 (4) of the statutes is amended to read:

AB100,495,8 48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17 2006, the age-related rates are $317 for a child under 5 years of age; $345 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. Beginning on January 1, 2007, the age- related rates are to $332 for a child under five years of age; $362 for a child 5 to 11 years of age; $423 for a child 12 to 14 years of age; and $430 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances according to rules promulgated by the department.

AB100, s. 952 Section 952. 48.62 (5) of the statutes is created to read:

AB100,495,18 48.62 (5) (a) Subject to par. (d), 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. (e) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law or law of another state 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 guardian meets the conditions specified in par. (c) 1. and 2. and if the child meets any of the following conditions:

AB100,496,3 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 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 that appointment of a guardian for the child is in the best interests of the child.

AB100,496,8 2. The child does not meet the conditions specified in subd. 1., but the county department or department has determined, and a court has confirmed under s. 48.977 (3r) or under a substantially similar tribal law or law of another state, that appointing a guardian for the child and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child.

AB100,496,14 (b) Subject to par. (d), on the death, incapacity, resignation, or removal of a guardian receiving payments under par. (a), 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. (e) for a period of up to 12 months to an interim caretaker who meets all of the conditions specified in par. (c).

AB100,496,17 (c) A county department or, in a county having a population of 500,000 or more, the department may not provide monthly subsidized guardianship payments under par. (a) or (b) unless all of the following conditions are met:

AB100,496,21 1. The county department or department inspects the home of the guardian or interim caretaker, interviews the guardian or interim caretaker, and determines that placement of the child with the guardian or interim caretaker is in the best interests of the child.

AB100,497,4 2. The county department or department conducts a background investigation under s. 48.57 (3p) of the guardian or interim caretaker, the employees and prospective employees of the guardian or interim caretaker who have or would have regular contact with the child for whom the payments would be made, and any other adult resident, as defined in s. 48.57 (3p) (a), of the home of the guardian or interim caretaker and determines that those individuals do not have any arrests or convictions that are likely to adversely affect the child or the ability of the guardian or interim caretaker to care for the child.

AB100,497,7 3. In the case of an interim caretaker, the interim caretaker cooperates with the county department or department in finding a permanent placement for the child.

AB100,497,21 (d) 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) or (b), and the county departments of those counties shall provide those payments from moneys received under s. 46.495 (1) (d).

AB100,498,2 (e) The amount of a monthly payment under par. (a) or (b) 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 or an interim caretaker who receives a monthly payment under par. (a) or (b) is not eligible to receive a payment under sub. (4) or s. 48.57 (3m) or (3n).

AB100, s. 953 Section 953. 48.62 (6) of the statutes is created to read:

AB100,498,11 48.62 (6) The department or a county department may recover an overpayment made under sub. (4) or (5) from a foster parent, treatment foster parent, guardian, or interim caretaker who continues to receive payments under sub. (4) or (5) by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering overpayments made under sub. (4) or (5). A county department that recovers an overpayment under this subsection due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 954 Section 954. Subchapter XV (title) of chapter 48 [precedes 48.65] of the statutes is renumbered subchapter VII (title) of chapter 49 [precedes 49.97] and amended to read:

AB100,498,15 CHAPTER 49

AB100,498,17 SUBCHAPTER VII DAY CARE PROVIDERS Licensing

AB100, s. 955 Section 955. 48.65 (title) of the statutes is renumbered 49.98 (title) and amended to read:

AB100,498,20 49.98 (title) Day Licensing of day care centers licensed; fees.

AB100, s. 956 Section 956. 48.65 (1) of the statutes is renumbered 49.98 (1) and amended to read:

AB100,499,5 49.98 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a day care center from the department. To obtain a license under this subsection to operate a day care center, a person must meet the minimum requirements for a license established by the department under s. 48.67 49.986, meet the requirements specified in s. 48.685 , and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 49.984 (5).

AB100, s. 957 Section 957. 48.65 (2) (intro.) of the statutes is renumbered 49.98 (2) (intro.) and amended to read:

AB100,499,8 49.98 (2) (intro.) This section does not include apply to any of the following:

AB100, s. 958 Section 958. 48.65 (2) (a) of the statutes is renumbered 49.98 (2) (a).

AB100, s. 959 Section 959. 48.65 (2) (b) of the statutes is renumbered 49.98 (2) (b) and amended to read:

AB100,499,12 49.98 (2) (b) A public or parochial private school.

AB100, s. 960 Section 960. 48.65 (2) (c) of the statutes is renumbered 49.98 (2) (c).

AB100, s. 961 Section 961. 48.65 (2) (d) of the statutes is renumbered 49.98 (2) (d).

AB100, s. 962 Section 962. 48.65 (3) of the statutes is renumbered 49.98 (3) and amended to read:

AB100,500,2 49.98 (3) (a) Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 4 to 8 children, the day care center must pay to the department a biennial fee of $60.50. Before the department may issue a license under sub. (1) to a day care center that provides care and supervision for 9 or more children, the day care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $8.47 $16.94 per child, based on the number of children that the day care center is licensed to serve. A day care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new day care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the day care center.

AB100,500,8 (b) A day care center that wishes to continue a license issued under par. (a) and that fails to pay the applicable fee under par. (a) by the continuation date of the license or a new day care center that fails to pay the applicable fee under par. (a) by 30 days before the opening of the day care center shall pay an additional fee of $5 per day for every day after the deadline that the group home day care center fails to pay the fee.

AB100, s. 963 Section 963. 48.651 (title) of the statutes is renumbered 49.156 (title) and amended to read:

AB100,500,12 49.156 (title) Certification Wisconsin Works; certification of day care providers.

AB100, s. 964 Section 964. 48.651 (1) (intro.) of the statutes is renumbered 49.156 (1) (intro.) and amended to read:

AB100,500,24 49.156 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155, unless the provider is a day care center licensed under s. 48.65 49.98 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified referred to in this section. The county shall certify the following categories of day care providers:

AB100, s. 965 Section 965. 48.651 (1) (a) of the statutes is renumbered 49.156 (1) (a) and amended to read:

AB100,501,6 49.156 (1) (a) Level I certified family day care providers, as established by the department of workforce development under s. 49.155 (1d). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.

AB100, s. 966 Section 966. 48.651 (1) (b) of the statutes is renumbered 49.156 (1) (b) and amended to read:

AB100,501,10 49.156 (1) (b) Level II certified family day care providers, as established by the department of workforce development, under s. 49.155 (1d).

AB100, s. 967 Section 967. 48.651 (2m) of the statutes is renumbered 49.156 (2m) and amended to read:

AB100,501,15 49.156 (2m) Each county department shall provide the department of health and family services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.

AB100, s. 968 Section 968. 48.653 of the statutes is renumbered 49.982 (1) and amended to read:

AB100,501,23 49.982 (1) Information for day care providers. The department shall provide each day care center licensed under s. 48.65 49.98 and each county agency department providing child welfare services with a brochure containing information on basic child care and the licensing and certification requirements for day care providers. Each county agency department shall provide each day care provider that it certifies with a copy of the brochure.

AB100, s. 969 Section 969. 48.655 of the statutes is renumbered 49.982 (2) and amended to read:

AB100,502,6 49.982 (2) Parental access. A day care provider that holds a license under s. 48.65 49.98, that is certified under s. 48.651 49.156, that holds a probationary license under s. 48.69 49.99, or that is established or contracted for under s. 120.13 (14) shall permit any parent or guardian of a child enrolled in the program to visit and observe the program of child care at any time during the provider's hours of operation, unless the visit or observation is contrary to an existing court order.

AB100, s. 970 Section 970. 48.656 of the statutes is renumbered 49.982 (3) and amended to read: