AB43,687,226 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care
7relative provider specified in subd. 1. is denied or the kinship care relative provider
8is otherwise determined to be ineligible for licensure, the county department or, in
9a county having a population of 750,000 or more, the department may make
10payments under par. (am) to the kinship care relative provider for as long as the
11conditions specified in par. (am) 1. to 6. continue to apply if the county department
12or department submits to the court information relating to the background
13investigation specified in par. (am) 4., an assessment of the safety of the kinship care
14relative's provider's home and the ability of the kinship care relative provider to care
15for the child, and a recommendation that the child remain in the home of the kinship
16care relative provider and the court, after considering that information, assessment,
17and recommendation, orders the child to remain in the kinship care relative's
18provider's home. If the court does not order the child to remain in the kinship care
19relative's provider's home, the court shall order the county department or
20department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1)
21(am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request
22a change in placement.
AB43,932 23Section 932 . 48.57 (3m) (ar) and (at) of the statutes are created to read:
AB43,688,324 48.57 (3m) (ar) In addition to the monthly payments for kinship care under par.
25(ap), the department or, with the department's approval, the county department may

1make emergency payments for kinship care to a kinship care provider who is
2providing care and maintenance for a child residing in the home of the kinship care
3provider under a court order if any of the following conditions are met:
AB43,688,64 1. The governor has declared a state of emergency pursuant to s. 323.10, or the
5federal government has declared a major disaster under 42 USC 68, that covers the
6locality of the home of the kinship care provider.
AB43,688,97 2. This state has received federal funding to be used for child welfare purposes
8due to an emergency or disaster declared for the locality of the home of the kinship
9care provider.
AB43,688,1310 3. The department has determined that conditions in this state or in the locality
11of the home of the kinship care provider have resulted in a temporary increase in the
12costs borne by kinship care providers. Those conditions may include any of the
13following:
AB43,688,1414 a. A pandemic or other public health threat.
AB43,688,1515 b. A natural disaster.
AB43,688,1616 c. Unplanned school closures of 5 consecutive days or more.
AB43,688,1817 (at) The department shall determine the amount of emergency payments under
18par. (ar) based on available funding.
AB43,933 19Section 933. 48.57 (3m) (as) of the statutes is created to read:
AB43,688,2420 48.57 (3m) (as) From the appropriation under s. 20.437 (1) (es), a county
21department and, in a county having a population of 750,000 or more, the department
22may provide flexible support, in the form of additional payments or services, to a
23kinship care provider who qualifies under rules promulgated by the department
24under par. (i) 3.
AB43,934 25Section 934. 48.57 (3m) (b) 2. of the statutes is amended to read:
AB43,689,10
148.57 (3m) (b) 2. When any kinship care relative provider of a child applies for
2or receives payments under this subsection, any right of the child or the child's parent
3to support or maintenance from any other person accruing during the time that
4payments are made under this subsection is assigned to the state. If a child who is
5the beneficiary of a payment under this subsection is also the beneficiary of support
6under a judgment or order that includes support for one or more children who are not
7the beneficiaries of payments under this subsection, any support payment made
8under the judgment or order is assigned to the state in the amount that is the
9proportionate share of the child who is the beneficiary of the payment made under
10this subsection, except as otherwise ordered by the court on the motion of a party.
AB43,935 11Section 935. 48.57 (3m) (cm) of the statutes is amended to read:
AB43,689,1412 48.57 (3m) (cm) A kinship care relative provider who receives a payment under
13par. (am) for providing care and maintenance for a child is not eligible to receive a
14payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
AB43,936 15Section 936. 48.57 (3m) (h) of the statutes is amended to read:
AB43,689,2316 48.57 (3m) (h) A county department or, in a county having a population of
17750,000 or more, the department may recover an overpayment made under par. (am)
18from a kinship care relative provider who continues to receive payments under par.
19(am) by reducing the amount of the kinship care relative's provider's monthly
20payment. The department may by rule specify other methods for recovering
21overpayments made under par. (am). A county department that recovers an
22overpayment under this paragraph due to the efforts of its officers and employees
23may retain a portion of the amount recovered, as provided by the department by rule.
AB43,937 24Section 937. 48.57 (3m) (i) 1. of the statutes is amended to read:
AB43,690,6
148.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether
2a kinship care relative provider who is providing care and maintenance for a child
3is eligible to receive payments under par. (am). The rules shall also provide that any
4criteria established under the rules shall first apply to applications for payments
5under par. (am) received, and to reviews under par. (d) conducted, on the effective
6date of those rules.
AB43,938 7Section 938. 48.57 (3m) (i) 3. of the statutes is created to read:
AB43,690,108 48.57 (3m) (i) 3. Rules governing the provision of flexible support under par.
9(as). Rules promulgated under this subdivision may specify qualifying costs and
10services and eligibility criteria.
AB43,939 11Section 939. 48.57 (3m) (i) 4. of the statutes is created to read:
AB43,690,1512 48.57 (3m) (i) 4. Rules governing the provision of payments for exceptional
13circumstances to enable siblings or a minor parent and minor children to reside
14together and for initial clothing allowances for a child residing in the home of a
15kinship care provider who is receiving a monthly rate under par. (am).
AB43,940 16Section 940 . 48.57 (3m) (j) of the statutes is created to read:
AB43,690,1817 48.57 (3m) (j) The department may promulgate rules governing the provision
18of emergency payments under par. (ar).
AB43,941 19Section 941. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
AB43,691,220 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
21student in good academic standing at a secondary school or its vocational or technical
22equivalent, an individualized education program under s. 115.787 is in effect for the
23person, and the person is placed in the home of the long-term kinship care relative
24provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365
25that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains

118 years of age or under a voluntary transition-to-independent-living agreement
2under s. 48.366 (3) or 938.366 (3).
AB43,942 3Section 942. 48.57 (3n) (a) 2. of the statutes is amended to read:
AB43,691,64 48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative
5other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or
6like-kin
.
AB43,943 7Section 943 . 48.57 (3n) (am) (intro.) of the statutes is amended to read:
AB43,691,168 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
9(me), and (s), the department shall reimburse counties having populations of less
10than 750,000 for payments made under this subsection and shall make payments
11under this subsection in a county having a population of 750,000 or more. Subject
12to par. (ap), a county department and, in a county having a population of 750,000 or
13more, the department shall make monthly payments for each child in the amount of
14$300 per month beginning on January 1, 2022, to a long-term kinship care relative
15provider who is providing care and maintenance for that child if all of the following
16conditions are met:
AB43,944 17Section 944 . 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023
18Wisconsin Act .... (this act), is amended to read:
AB43,692,519 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
20(me), and (s), the department shall reimburse counties having populations of less
21than 750,000 for payments made under this subsection and shall make payments
22under this subsection in a county having a population of 750,000 or more. Subject
23to par. (ap) and if all of the following conditions are met, beginning on January 1,
242024
, a county department and, in a county having a population of 750,000 or more,
25the department shall make monthly payments to a long-term kinship care provider

1who is providing care and maintenance
for each a child in the amount of $300 per
2month beginning on January 1, 2022, to a long-term kinship care provider who is
3providing care and maintenance for that child if all of the following conditions are
4met
$441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548
5for a child 12 to 14 years of age; and $572 for a child 15 years of age or over
:
AB43,945 6Section 945. 48.57 (3n) (am) 1. of the statutes is amended to read:
AB43,692,127 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
8county department or department for payments under this subsection, provides
9proof that he or she has been appointed as the guardian of the child, and, if the child
10is placed in the home of the long-term kinship care relative provider under a court
11order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
12county department or department for a license to operate a foster home.
AB43,946 13Section 946. 48.57 (3n) (am) 2. of the statutes is amended to read:
AB43,692,1714 48.57 (3n) (am) 2. The county department or department inspects the
15long-term kinship care relative's provider's home, interviews the long-term kinship
16care relative provider and determines that long-term placement with the long-term
17kinship care relative provider is in the best interests of the child.
AB43,947 18Section 947. 48.57 (3n) (am) 4. of the statutes is amended to read:
AB43,693,219 48.57 (3n) (am) 4. The county department or department conducts a
20background investigation under sub. (3p) of the long-term kinship care relative
21provider, the employees and prospective employees of the long-term kinship care
22relative provider who have or would have regular contact with the child for whom the
23payments would be made and any other adult resident, as defined in sub. (3p) (a),
24of the long-term kinship care relative's provider's home to determine if the
25long-term kinship care relative provider, employee, prospective employee or adult

1resident has any arrests or convictions that are likely to adversely affect the child or
2the long-term kinship care relative's provider's ability to care for the child.
AB43,948 3Section 948. 48.57 (3n) (am) 4m. of the statutes is amended to read:
AB43,693,124 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
5kinship care relative provider states that he or she does not have any arrests or
6convictions that could adversely affect the child or the long-term kinship care
7relative's provider's ability to care for the child and that, to the best of the long-term
8kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
9(a), and no employee or prospective employee of the long-term kinship care relative
10provider who would have regular contact with the child has any arrests or
11convictions that could adversely affect the child or the long-term kinship care
12relative's provider's ability to care for the child.
AB43,949 13Section 949. 48.57 (3n) (am) 5. of the statutes is amended to read:
AB43,693,1614 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
15with the county department or department in the application process, including
16applying for other forms of assistance for which the child may be eligible.
AB43,950 17Section 950. 48.57 (3n) (am) 5m. of the statutes is amended to read:
AB43,693,1918 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
19receiving payments under sub. (3m) with respect to the child.
AB43,951 20Section 951. 48.57 (3n) (am) 5r. of the statutes is amended to read:
AB43,693,2321 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
22provider is providing care and maintenance is not receiving supplemental security
23income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
AB43,952 24Section 952. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
AB43,694,6
148.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
2county department or department enter into a written agreement under which the
3long-term kinship care relative provider agrees to provide care and maintenance for
4the child and the county department or department agrees, subject to sub. (3p) (hm),
5to make monthly payments to the long-term kinship care relative provider at the
6rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
AB43,953 7Section 953. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
AB43,694,108 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
9kinship care relative's provider's home under a court order or under a voluntary
10agreement under s. 48.63 (1) (a) or (b) or (5) (b).
AB43,954 11Section 954. 48.57 (3n) (am) 6. d. of the statutes is amended to read:
AB43,694,1312 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
13long-term kinship care relative provider.
AB43,955 14Section 955. 48.57 (3n) (am) 6. e. of the statutes is amended to read:
AB43,694,1615 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
16provider's
guardianship under s. 48.977 terminates.
AB43,956 17Section 956. 48.57 (3n) (an) of the statutes is created to read:
AB43,694,2518 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care
19under par. (am), the department or, with the department's approval, the county
20department may make payments for exceptional circumstances to enable siblings or
21a minor parent and minor children to reside together and for initial clothing
22allowances to a long-term kinship care provider who is providing care and
23maintenance for a child residing in the home of the long-term kinship care provider
24who is receiving a monthly rate under par. (am), commensurate with the needs of the
25child, according to the rules promulgated by the department under par. (i) 2.
AB43,957
1Section 957. 48.57 (3n) (ap) 1. of the statutes is amended to read:
AB43,695,122 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
3county having a population of 750,000 or more, the department may make payments
4under par. (am) to a long-term kinship care relative provider who is providing care
5and maintenance for a child who is placed in the home of the long-term kinship care
6relative provider for no more than 60 days after the date on which the county
7department or department received under par. (am) 1. the completed application of
8the long-term kinship care relative provider for a license to operate a foster home or,
9if the application is approved or denied or the long-term kinship care relative
10provider is otherwise determined to be ineligible for licensure within those 60 days,
11until the date on which the application is approved or denied or the long-term
12kinship care relative provider is otherwise determined to be ineligible for licensure.
AB43,958 13Section 958. 48.57 (3n) (ap) 2. of the statutes is amended to read:
AB43,695,2514 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
15denied or the long-term kinship care relative provider is not otherwise determined
16to be ineligible for licensure within 60 days after the date on which the county
17department or department received the completed application for any reason other
18than an act or omission of the long-term kinship care relative provider, the county
19department or department may make payments under par. (am) for 4 months after
20the date on which the county department or department received the completed
21application or, if the application is approved or denied or the long-term kinship care
22relative provider is otherwise determined to be ineligible for licensure within those
234 months, until the date on which the application is approved or denied or the
24long-term kinship care relative provider is otherwise determined to be ineligible for
25licensure.
AB43,959
1Section 959. 48.57 (3n) (ap) 3. of the statutes is amended to read:
AB43,696,212 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
3care relative provider specified in subd. 1. is denied or the long-term kinship care
4relative provider is otherwise determined to be ineligible for licensure, the county
5department or, in a county having a population of 750,000 or more, the department
6may make payments under par. (am) to the long-term kinship care relative provider
7until an event specified in par. (am) 6. a. to f. occurs if the county department or
8department submits to the court information relating to the background
9investigation specified in par. (am) 4., an assessment of the safety of the long-term
10kinship care relative's provider's home and the ability of the long-term kinship care
11relative provider to care for the child, and a recommendation that the child remain
12in the home of the long-term kinship care relative provider and the court, after
13considering that information, assessment, and recommendation, orders the child to
14remain in the long-term kinship care relative's provider's home. If the court does not
15order the child to remain in the kinship care relative's provider's home, the court
16shall order the county department or department to request a change in placement
17under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
18guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
19938.357 (2m) (a) may also request a change in placement and any person who is
20authorized to file a petition for the appointment of a guardian for the child may also
21request a termination of the guardianship order.
AB43,960 22Section 960. 48.57 (3n) (b) 2. of the statutes is amended to read:
AB43,697,723 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
24applies for or receives payments under this subsection, any right of the child or the
25child's parent to support or maintenance from any other person accruing during the

1time that payments are made under this subsection is assigned to the state. If a child
2is the beneficiary of support under a judgment or order that includes support for one
3or more children who are not the beneficiaries of payments under this subsection,
4any support payment made under the judgment or order is assigned to the state in
5the amount that is the proportionate share of the child who is the beneficiary of the
6payment made under this subsection, except as otherwise ordered by the court on the
7motion of a party.
AB43,961 8Section 961. 48.57 (3n) (cm) of the statutes is amended to read:
AB43,697,119 48.57 (3n) (cm) A long-term kinship care relative provider who receives a
10payment under par. (am) for providing care and maintenance for a child is not eligible
11to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
AB43,962 12Section 962. 48.57 (3n) (h) of the statutes is amended to read:
AB43,697,2013 48.57 (3n) (h) A county department or, in a county having a population of
14750,000 or more, the department may recover an overpayment made under par. (am)
15from a long-term kinship care relative provider who continues to receive payments
16under par. (am) by reducing the amount of the long-term kinship care relative's
17provider's monthly payment. The department may by rule specify other methods for
18recovering overpayments made under par. (am). A county department that recovers
19an overpayment under this paragraph due to the efforts of its officers and employees
20may retain a portion of the amount recovered, as provided by the department by rule.
AB43,963 21Section 963. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.)
22and amended to read:
AB43,697,2423 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this
24subsection. Those rules shall include rules all of the following:
AB43,698,2
11. Rules governing the provision of long-term kinship care payments for the
2care and maintenance of a child after the child attains 18 years of age.
AB43,964 3Section 964. 48.57 (3n) (i) 2. of the statutes is created to read:
AB43,698,74 48.57 (3n) (i) 2. Rules governing the provision of payments for exceptional
5circumstances to enable siblings or a minor parent and minor children to reside
6together and for initial clothing allowances for children residing in a home of a
7long-term kinship care provider who is receiving a monthly rate under par. (am).
AB43,965 8Section 965. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
AB43,698,189 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
10designated by the governing body of an Indian tribe or, in a county having a
11population of 750,000 or more, the person designated by the secretary shall review
12the denial of payments or the prohibition on employment or being an adult resident
13to determine if the conviction record on which the denial or prohibition is based
14includes any arrests, convictions, or penalties that are likely to adversely affect the
15child or the ability of the kinship care relative provider to care for the child. In
16reviewing the denial or prohibition, the director of the county department, the person
17designated by the governing body of the Indian tribe or the person designated by the
18secretary shall consider all of the following factors:
AB43,966 19Section 966. 48.57 (3p) (h) 3. b. of the statutes is amended to read:
AB43,698,2120 48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
21or penalty affects the ability of the kinship care relative provider to care for the child.
AB43,967 22Section 967. 48.57 (3p) (h) 4. of the statutes is amended to read:
AB43,699,923 48.57 (3p) (h) 4. If the director of the county department, the person designated
24by the governing body of the Indian tribe or, in a county having a population of
25750,000 or more, the person designated by the secretary determines that the

1conviction record on which the denial of payments or the prohibition on employment
2or being an adult resident is based does not include any arrests, convictions, or
3penalties that are likely to adversely affect the child or the ability of the kinship care
4relative provider to care for the child, the director of the county department, the
5person designated by the governing body of the Indian tribe, or the person designated
6by the secretary may approve the making of payments under sub. (3m) or may permit
7a person receiving payments under sub. (3m) to employ a person in a position in
8which that person would have regular contact with the child for whom payments are
9being made or permit a person to be an adult resident.
AB43,968 10Section 968 . 48.60 (2) (a) of the statutes is amended to read:
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