SB288, s. 130 13Section 130. 48.42 (1) (e) of the statutes is created to read:
SB288,84,2014 48.42 (1) (e) If the petition is seeking the involuntary termination of parental
15rights to an Indian child, reliable and credible information showing that continued
16custody of the Indian child by the Indian child's parent or Indian custodian is likely
17to result in serious emotional or physical damage to the Indian child under s. 48.028
18(4) (e) 1. and reliable and credible information showing that active efforts under s.
1948.028 (4) (e) 2. have been made to prevent the breakup of the Indian child's family
20and that those efforts have proved unsuccessful.
SB288, s. 131 21Section 131. 48.42 (2) (c) of the statutes is amended to read:
SB288,84,2322 48.42 (2) (c) The guardian, guardian ad litem and, legal custodian, and Indian
23custodian
of the child.
SB288, s. 132 24Section 132. 48.42 (2g) (ag) of the statutes is created to read:
SB288,85,14
148.42 (2g) (ag) In the case of an involuntary termination of parental rights to
2a child whom the petitioner knows or has reason to know is an Indian child, the
3petitioner shall cause the summons and petition to be served on the Indian child's
4parent and Indian custodian in the manner specified in s. 48.028 (4) (a). In like
5manner, the petitioner shall also notify the Indian child's tribe of all hearings on the
6petition. The first notice to an Indian child's tribe shall be written, shall have a copy
7of the petition attached to it, and shall state the nature, location, date, and time of
8the initial hearing. No hearing may be held on the petition until at least 10 days after
9receipt of notice of the hearing by the Indian child's parent, Indian custodian, and
10tribe or, if the identity or location of the Indian child's parent, Indian custodian, or
11tribe cannot be determined, until at least 10 days after receipt of the notice by the
12U.S. secretary of the interior. On request of the Indian child's parent, Indian
13custodian, or tribe, the court shall grant a continuance of up to 20 additional days
14to enable the requester to prepare for the hearing.
SB288, s. 133 15Section 133. 48.42 (4) (a) of the statutes is amended to read:
SB288,85,2116 48.42 (4) (a) Personal service. Except as provided in this paragraph and, par.
17(b), and sub. (2g) (ag), a copy of the summons and petition shall be served personally
18upon the parties specified in sub. (2), if known, at least 7 days before the date of the
19hearing. Service of summons is not required if the party submits to the jurisdiction
20of the court. Service upon parties who are not natural persons and upon persons
21under a disability shall be as prescribed in s. 801.11.
SB288, s. 134 22Section 134. 48.422 (1) of the statutes is amended to read:
SB288,86,223 48.422 (1) The Except as provided in s. 48.42 (2g) (ag), the hearing on the
24petition to terminate parental rights shall be held within 30 days after the petition
25is filed. At the hearing on the petition to terminate parental rights the court shall

1determine whether any party wishes to contest the petition and inform the parties
2of their rights under sub. (4) and s. 48.423.
SB288, s. 135 3Section 135. 48.422 (2) of the statutes is amended to read:
SB288,86,74 48.422 (2) If Except as provided in s. 48.42 (2g) (ag), if the petition is contested
5the court shall set a date for a fact-finding hearing to be held within 45 days of after
6the hearing on the petition, unless all of the necessary parties agree to commence
7with the hearing on the merits immediately.
SB288, s. 136 8Section 136. 48.422 (6) (a) of the statutes is amended to read:
SB288,86,179 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
10parents do not subsequently intermarry under s. 767.803 and for whom paternity
11has not been established, or for whom a declaration of paternal interest has not been
12filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42
13(1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g)
14(b) is mailed, the court shall hear testimony concerning the paternity of the child.
15Based on the testimony, the court shall determine whether all interested parties who
16are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall
17adjourn the hearing and order appropriate notice to be given.
SB288, s. 137 18Section 137. 48.422 (8) of the statutes is amended to read:
SB288,86,2319 48.422 (8) If the petition for termination of parental rights is filed by an agency
20enumerated in s. 48.069 (1) or (2), the court shall order the agency to submit file a
21report to with the court as provided in s. 48.425 (1), except that, if the child is an
22Indian child, the court may order the agency or request the tribal child welfare
23department of the Indian child's tribe to file that report
.
SB288, s. 138 24Section 138. 48.424 (1) of the statutes is renumbered 48.424 (1) (intro.) and
25amended to read:
SB288,87,4
148.424 (1) (intro.) The purpose of the fact-finding hearing is to determine
2whether grounds exist for the termination of parental rights in those cases where the
3termination
in cases in which the petition was contested at the hearing on the
4petition under s. 48.422 all of the following:
SB288,87,5 5(a) Whether grounds exist for the termination of parental rights.
SB288, s. 139 6Section 139. 48.424 (1) (b) of the statutes is created to read:
SB288,87,97 48.424 (1) (b) Whether the allegations specified in s. 48.42 (1) (e) have been
8proved in cases involving the involuntary termination of parental rights to an Indian
9child.
SB288, s. 140 10Section 140. 48.424 (2) (intro.) of the statutes is amended to read:
SB288,87,1211 48.424 (2) (intro.) The fact-finding hearing shall be conducted according to the
12procedure specified in s. 48.31 except that as follows:
SB288, s. 141 13Section 141. 48.424 (2) (a) of the statutes is amended to read:
SB288,87,1414 48.424 (2) (a) The court may exclude the child from the hearing; and.
SB288, s. 142 15Section 142. 48.424 (3) of the statutes is amended to read:
SB288,87,2016 48.424 (3) If the facts are determined by a jury, the jury may only decide
17whether any grounds for the termination of parental rights have been proven proved
18and whether the allegations specified in s. 48.42 (1) (e) have been proved in cases
19involving the involuntary termination of parental rights to an Indian child
. The
20court shall decide what disposition is in the best interest of the child.
SB288, s. 143 21Section 143. 48.424 (4) (intro.) of the statutes is amended to read:
SB288,88,322 48.424 (4) (intro.) If grounds for the termination of parental rights are found
23by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
24not preclude a dismissal of a petition under s. 48.427 (2). The court shall then proceed
25immediately to hear evidence and motions related to the dispositions enumerated in

1s. 48.427. The Except as provided in s. 48.42 (2g) (ag), the court may delay making
2the disposition and set a date for a dispositional hearing no later than 45 days after
3the fact-finding hearing if any of the following apply:
SB288, s. 144 4Section 144. 48.424 (4) (a) of the statutes is amended to read:
SB288,88,55 48.424 (4) (a) All parties to the proceeding agree ; or.
SB288, s. 145 6Section 145. 48.424 (4) (b) of the statutes is amended to read:
SB288,88,137 48.424 (4) (b) The court has not yet received a report to the court on the history
8of the child as provided in s. 48.425 from an agency enumerated in s. 48.069 (1) or
9(2)
and the court now directs the agency to prepare this report to be considered orders
10an agency enumerated in s. 48.069 (1) or (2) to file that report with the court, or, in
11the case of an Indian child, now orders that agency or requests the tribal child welfare
12department of the Indian child's tribe to file such a report,
before the court makes the
13disposition on the petition.
SB288, s. 146 14Section 146. 48.424 (5) of the statutes is amended to read:
SB288,88,2015 48.424 (5) If the court delays making a permanent disposition under sub. (4),
16it may transfer temporary custody of the child to an agency for placement of the child
17until the dispositional hearing. Placement of an Indian child under this subsection
18shall comply with the order of placement preference under s. 48.028 (7) (b) or, if
19applicable, s. 48.028 (7) (c), unless the agency finds good cause, as described in s.
2048.028 (7) (e), for departing from that order.
SB288, s. 147 21Section 147. 48.425 (1) (intro.) of the statutes is amended to read:
SB288,89,222 48.425 (1) (intro.) If the petition for the termination of parental rights is filed
23by an agency, or if
the court orders an agency enumerated under s. 48.069 (1) or (2)
24to file
a report under s. 48.422 (8) or 48.424 (4) (b) or requests the tribal child welfare
25department of an Indian child's tribe to file such a report
, the agency or tribal child

1welfare department, if that department consents,
shall file a report with the court
2which shall include:
SB288, s. 148 3Section 148. 48.425 (1) (cm) of the statutes is created to read:
SB288,89,114 48.425 (1) (cm) If the petition is seeking the involuntary termination of
5parental rights to an Indian child, specific information showing that continued
6custody of the child by the parent or Indian custodian is likely to result in serious
7emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
8child has previously been adjudged to be in need of protection or services, specific
9information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
10prevent the breakup of the Indian child's family and that those efforts have proved
11unsuccessful.
SB288, s. 149 12Section 149. 48.427 (5) of the statutes is created to read:
SB288,89,1813 48.427 (5) In placing an Indian child in a preadoptive placement following a
14transfer of guardianship and custody under sub. (3m) or (3p) or in placing an Indian
15child in sustaining care under sub. (4), the court or an agency specified in sub. (3m)
16(a) 1. to 4. or (am) shall comply with the order of placement preference under s. 48.028
17(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court or agency finds good cause,
18as described in s. 48.028 (7) (e), for departing from that order.
SB288, s. 150 19Section 150. 48.427 (6) (b) 4. of the statutes is created to read:
SB288,89,2220 48.427 (6) (b) 4. If the court knows or has reason to know that the child is an
21Indian child, information relating to the child's membership or eligibility for
22membership in an Indian tribe.
SB288, s. 151 23Section 151. 48.428 (2) (a) of the statutes is amended to read:
SB288,90,1124 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
25sustaining care after an order under s. 48.427 (4), the court shall transfer legal

1custody of the child to the county department, the department , in a county having
2a population of 500,000 or more, or a licensed child welfare agency, transfer
3guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and
4place the child in the home of a licensed foster parent, licensed treatment foster
5parent, or kinship care relative with whom the child has resided for 6 months or
6longer. In placing an Indian child in sustaining care, the court shall comply with the
7order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
8unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from
9that order.
Pursuant to such a placement, this that licensed foster parent, licensed
10treatment foster parent, or kinship care relative shall be a sustaining parent with
11the powers and duties specified in sub. (3).
SB288, s. 152 12Section 152. 48.428 (2) (a) of the statutes, as affected by 2009 Wisconsin Acts
1328
and .... (this act), is repealed and recreated to read:
SB288,90,2514 48.428 (2) (a) Except as provided in par. (b), when a court places a child in
15sustaining care after an order under s. 48.427 (4), the court shall transfer legal
16custody of the child to the county department, the department in a county having a
17population of 500,000 or more, or a licensed child welfare agency, transfer
18guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4. or (am), and
19place the child in the home of a licensed foster parent or kinship care relative with
20whom the child has resided for 6 months or longer. In placing an Indian child in
21sustaining care, the court shall comply with the order of placement preference under
22s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause,
23as described in s. 48.028 (7) (e), for departing from that order. Pursuant to the
24placement, that licensed foster parent or kinship care relative shall be a sustaining
25parent with the powers and duties specified in sub. (3).
SB288, s. 153
1Section 153. 48.428 (2) (b) of the statutes is amended to read:
SB288,91,162 48.428 (2) (b) When a court places a child in sustaining care after an order
3under s. 48.427 (4) with a person who has been appointed as the guardian of the child
4under s. 48.977 (2), the court may transfer legal custody of the child to the county
5department, the department, in a county having a population of 500,000 or more, or
6a licensed child welfare agency, transfer guardianship of the child to an agency listed
7in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster
8parent, licensed treatment foster parent, or kinship care relative with whom the
9child has resided for 6 months or longer. In placing an Indian child in sustaining
10care, the court shall comply with the order of placement preference under s. 48.028
11(7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described
12in s. 48.028 (7) (e), for departing from that order.
Pursuant to such a placement, that
13licensed foster parent, licensed treatment foster parent, or kinship care relative shall
14be a sustaining parent with the powers and duties specified in sub. (3). If the court
15transfers guardianship of the child to an agency listed in s. 48.427 (3m) (a) 1. to 4.
16or (am), the court shall terminate the guardianship under s. 48.977.
SB288, s. 154 17Section 154. 48.428 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
1828
and .... (this act), is repealed and recreated to read:
SB288,92,719 48.428 (2) (b) When a court places a child in sustaining care after an order
20under s. 48.427 (4) with a person who has been appointed as the guardian of the child
21under s. 48.977 (2), the court may transfer legal custody of the child to the county
22department, the department in a county having a population of 500,000 or more, or
23a licensed child welfare agency, transfer guardianship of the child to an agency listed
24in s. 48.427 (3m) (a) 1. to 4. or (am), and place the child in the home of a licensed foster
25parent or kinship care relative with whom the child has resided for 6 months or

1longer. In placing an Indian child in sustaining care, the court shall comply with the
2order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c),
3unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from
4that order. Pursuant to the placement, that licensed foster parent or kinship care
5relative shall be a sustaining parent with the powers and duties specified in sub. (3).
6If the court transfers guardianship of the child to an agency listed in s. 48.427 (3m)
7(a) 1. to 4. or (am), the court shall terminate the guardianship under s. 48.977.
SB288, s. 155 8Section 155. 48.43 (5) (bm) of the statutes is created to read:
SB288,92,179 48.43 (5) (bm) If the order under sub. (1) involuntarily terminated parental
10rights to an Indian child, the court shall also provide notice of the hearing under par.
11(b) to the Indian child's tribe in the manner specified in s. 48.028 (4) (a). No hearing
12may be held under par. (b) until at least 10 days after receipt of notice of the hearing
13by the Indian child's tribe or, if the identity or location of the Indian child's tribe
14cannot be determined, until at least 10 days after receipt of notice of the hearing by
15the U.S. secretary of the interior. On request of the Indian child's tribe, the court
16shall grant a continuance of up to 20 additional days to enable the tribe to prepare
17for the hearing.
SB288, s. 156 18Section 156. 48.43 (5) (c) of the statutes is amended to read:
SB288,93,619 48.43 (5) (c) Following the hearing, the court shall make all of the
20determinations specified under s. 48.38 (5) (c), except the determinations relating to
21the child's parents. The court may amend the order under sub. (1) to transfer the
22child's guardianship and custody to any agency specified under s. 48.427 (3m) (a) 1.
23to 4. or (am) that consents to the transfer, if the court determines that the transfer
24is in the child's best interest. If an Indian child's guardianship and custody are
25transferred under this paragraph, the agency consenting to the transfer shall comply

1with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s.
248.028 (7) (c) in placing the child, unless the agency finds good cause, as described
3in s. 48.028 (7) (e), for departing from that order.
If an order is amended, the agency
4that prepared the permanency plan shall revise the plan to conform to the order and
5shall file a copy of the revised plan with the court. Each plan filed under this
6paragraph shall be made a part of the court order.
SB288, s. 157 7Section 157. 48.43 (5m) of the statutes is amended to read:
SB288,93,138 48.43 (5m) Either the court or the agency that prepared the permanency plan
9shall furnish a copy of the original plan and each revised plan to the child, if he or
10she is 12 years of age or over, and to the child's foster parent, the child's treatment
11foster parent, or the operator of the facility in which the child is living, and, if the
12order under sub. (1) involuntarily terminated parental rights to an Indian child, to
13the Indian child's tribe
.
SB288, s. 158 14Section 158. 48.43 (5m) of the statutes, as affected by 2009 Wisconsin Acts 28
15and .... (this act), is repealed and recreated to read:
SB288,93,2016 48.43 (5m) Either the court or the agency that prepared the permanency plan
17shall furnish a copy of the original plan and each revised plan to the child, if he or
18she is 12 years of age or over, to the child's foster parent or the operator of the facility
19in which the child is living, and, if the order under sub. (1) involuntarily terminated
20parental rights to an Indian child, to the Indian child's tribe.
SB288, s. 159 21Section 159. 48.43 (6) (a) of the statutes is amended to read:
SB288,94,422 48.43 (6) (a) Judgments under this subchapter terminating parental rights are
23final and are appealable under s. 808.03 (1) according to the procedure specified in
24s. 809.107 and are subject to a petition for rehearing or a motion for relief only as
25provided in s. 48.46 (1m) and (2) and, in the case of an Indian child, s. 48.028 (5) (c)

1and (6)
. The attorney representing a person during a proceeding under this
2subchapter shall continue representation of that person by filing a notice of intent
3to appeal under s. 809.107 (2), unless the attorney has been previously discharged
4during the proceeding by the person or by the trial court.
SB288, s. 160 5Section 160. 48.43 (6) (c) of the statutes is amended to read:
SB288,94,106 48.43 (6) (c) In Except as provided in s. 48.028 (5) (c) and (6), in no event may
7any person, for any reason, collaterally attack a judgment terminating parental
8rights more than one year after the date on which the time period for filing an appeal
9from the judgment has expired, or more than one year after the date on which all
10appeals from the judgment, if any were filed, have been decided, whichever is later.
SB288, s. 161 11Section 161. 48.46 (2) of the statutes is amended to read:
SB288,95,212 48.46 (2) A parent who has consented to the termination of his or her parental
13rights under s. 48.41 or who did not contest the petition initiating the proceeding in
14which his or her parental rights were terminated may move the court for relief from
15the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any
16such motion shall be filed within 30 days after the entry of the judgment or order
17terminating parental rights, unless the parent files a timely notice of intent to
18pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall
19be filed within the time permitted by s. 809.107 (5). A motion under this subsection
20does not affect the finality or suspend the operation of the judgment or order
21terminating parental rights. A parent who has consented to the termination of his
22or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
23from the judgment under s. 48.028 (5) (c) or (6).
Motions under this subsection or s.
2448.028 (5) (c) or (6)
and appeals to the court of appeals shall be the exclusive remedies

1for such a parent to obtain a new hearing in a termination of parental rights
2proceeding.
SB288, s. 162 3Section 162. 48.48 (3m) (intro.) of the statutes is amended to read:
SB288,95,64 48.48 (3m) (intro.) To accept appointment by an American Indian a tribal court
5in this state as guardian of a child for the purpose of making an adoptive placement
6for the child if all of the following conditions exist:
SB288, s. 163 7Section 163. 48.48 (8m) of the statutes is amended to read:
SB288,95,108 48.48 (8m) To enter into agreements with American Indian tribes in this state
9to implement the Indian child welfare act federal Indian Child Welfare Act, 25 USC
101911
1901 to 1963.
SB288, s. 164 11Section 164. 48.485 of the statutes is amended to read:
SB288,95,21 1248.485 Transfer of tribal Indian children to department for adoption.
13If the department accepts guardianship or legal custody or both from an American
14Indian
a tribal court under s. 48.48 (3m), the department shall seek a permanent
15adoptive placement for the child. If a permanent adoptive placement is not in
16progress within 2 years after entry of the termination of parental rights order by the
17tribal court, the department may petition the tribal court to transfer legal custody
18or guardianship of the Indian child back to the Indian tribe, except that the
19department may not petition the tribal court to transfer back to a an Indian tribe
20legal custody or guardianship of a an Indian child who was initially taken into
21custody under s. 48.195 (1).
SB288, s. 165 22Section 165. 48.487 (2) of the statutes is amended to read:
SB288,96,623 48.487 (2) Adolescent self-sufficiency services. From the allocation under
24sub. (1m), the department may provide a grant annually in the amount of $85,000
25to the elected governing body of a federally recognized American an Indian tribe or

1band
to provide services for adolescent parents which shall emphasize high school
2graduation and vocational preparation, training, and experience and may be
3structured so as to strengthen the adolescent parent's capacity to fulfill parental
4responsibilities by developing social skills and increasing parenting skills. The
5Indian tribe or band seeking to receive a grant to provide these services shall develop
6a proposed service plan that is approved by the department.
SB288, s. 166 7Section 166. 48.487 (3) (b) of the statutes is amended to read:
SB288,96,148 48.487 (3) (b) From the allocation under sub. (1m), the department may provide
9a grant annually in the amount of $65,000 to the elected governing body of a federally
10recognized American
an Indian tribe or band to provide to high-risk adolescents
11pregnancy and parenthood prevention services which shall be structured so as to
12increase development of decision-making and communications skills, promote
13graduation from high school, and expand career and other options and which may
14address needs of adolescents with respect to pregnancy prevention.
SB288, s. 167 15Section 167. 48.487 (4m) (b) (intro.) of the statutes is amended to read:
SB288,96,2216 48.487 (4m) (b) (intro.) From the allocation under sub. (1m), the department
17may provide a grant annually in the amount of $60,000 to the elected governing body
18of a federally recognized American an Indian tribe or band for the provision of
19information to members of the Indian tribe or band in order to increase community
20knowledge about problems of adolescents and information to and activities for
21adolescents, particularly female adolescents, in order to enable the adolescents to
22develop skills with respect to all of the following:
SB288, s. 168 23Section 168. 48.487 (4m) (c) of the statutes is amended to read:
SB288,97,224 48.487 (4m) (c) Each funded tribal project under par. (b) shall provide services
25in areas of the state as approved by the Indian tribe or band and the department.

1The department shall determine the boundaries of the regional areas prior to
2soliciting project grant applications.
SB288, s. 169 3Section 169. 48.487 (4m) (d) of the statutes is amended to read:
SB288,97,74 48.487 (4m) (d) Prior to making grants to applying Indian tribes or bands
5under par. (b), the department shall consider whether and how the applying Indian
6tribe or band proposes to coordinate its services with other public or private
7resources, programs, or activities in the region and the state.
SB288, s. 170 8Section 170. 48.563 (3) of the statutes is amended to read:
SB288,97,149 48.563 (3) Tribal child care. For child care services under 42 USC 9858, the
10department shall distribute not more than $412,800 in each fiscal year from the
11appropriation account under s. 20.437 (1) (b) to federally recognized American
12Indian tribes or bands. A tribe or band. An Indian tribe that receives funding under
13this subsection shall use that funding to provide child care for an eligible child, as
14defined in 42 USC 9858n (4).
SB288, s. 171 15Section 171. 48.565 (intro.) of the statutes is amended to read:
SB288,97,22 1648.565 Carry-over of children and family aids funds. (intro.) Funds
17allocated by the department under s. 48.569 (1) (d) but not spent or encumbered by
18counties, governing bodies of federally recognized American Indian tribes, or private
19nonprofit organizations by December 31 of each year and funds recovered under s.
2048.569 (2) (b) and deposited into the appropriation account under s. 20.437 (1) (b)
21lapse to the general fund on the succeeding January 1 unless carried forward to the
22next calendar year under s. 20.437 (1) (b) or as follows:
SB288, s. 172 23Section 172. 48.57 (3p) (h) 2. of the statutes is amended to read:
SB288,98,624 48.57 (3p) (h) 2. The request for review shall be filed with the director of the
25county department or, in a county having a population of 500,000 or more, with the

1person designated by the secretary to receive requests for review filed under this
2subdivision. If the governing body of a federally recognized American an Indian
3tribe or band has entered into an agreement under sub. (3t) to administer the
4program under this subsection and sub. (3m), the request for review shall be filed
5with the person designated by that governing body to receive requests for review filed
6under this subdivision.
SB288, s. 173 7Section 173. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
SB288,98,188 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
9designated by the governing body of a federally recognized American an Indian tribe
10or band or, in a county having a population of 500,000 or more, the person designated
11by the secretary shall review the denial of payments or the prohibition on
12employment or being an adult resident to determine if the conviction record on which
13the denial or prohibition is based includes any arrests, convictions, or penalties that
14are likely to adversely affect the child or the ability of the kinship care relative to care
15for the child. In reviewing the denial or prohibition, the director of the county
16department, the person designated by the governing body of the federally recognized
17American
Indian tribe or band or the person designated by the secretary shall
18consider all of the following factors:
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