AB43: Bill Text

AB43,687,22 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care relative provider specified in subd. 1. is denied or the kinship care relative provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the kinship care relative provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the kinship care relative's provider's home and the ability of the kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's provider's home. If the court does not order the child to remain in the kinship care relative's provider's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement.

AB43,932 Section 932 . 48.57 (3m) (ar) and (at) of the statutes are created to read:

AB43,688,3 48.57 (3m) (ar) In addition to the monthly payments for kinship care under par. (ap), the department or, with the department's approval, the county department may make emergency payments for kinship care to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider under a court order if any of the following conditions are met:

AB43,688,6 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the home of the kinship care provider.

AB43,688,9 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home of the kinship care provider.

AB43,688,13 3. The department has determined that conditions in this state or in the locality of the home of the kinship care provider have resulted in a temporary increase in the costs borne by kinship care providers. Those conditions may include any of the following:

AB43,688,14 a. A pandemic or other public health threat.

AB43,688,15 b. A natural disaster.

AB43,688,16 c. Unplanned school closures of 5 consecutive days or more.

AB43,688,18 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

AB43,933 Section 933. 48.57 (3m) (as) of the statutes is created to read:

AB43,688,24 48.57 (3m) (as) From the appropriation under s. 20.437 (1) (es), a county department and, in a county having a population of 750,000 or more, the department may provide flexible support, in the form of additional payments or services, to a kinship care provider who qualifies under rules promulgated by the department under par. (i) 3.

AB43,934 Section 934. 48.57 (3m) (b) 2. of the statutes is amended to read:

AB43,689,10 48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB43,935 Section 935. 48.57 (3m) (cm) of the statutes is amended to read:

AB43,689,14 48.57 (3m) (cm) A kinship care relative provider 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 48.623 (1) or (6) for that child.

AB43,936 Section 936. 48.57 (3m) (h) of the statutes is amended to read:

AB43,689,23 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the kinship care relative's provider'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.

AB43,937 Section 937. 48.57 (3m) (i) 1. of the statutes is amended to read:

AB43,690,6 48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether a kinship care relative provider who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

AB43,938 Section 938. 48.57 (3m) (i) 3. of the statutes is created to read:

AB43,690,10 48.57 (3m) (i) 3. Rules governing the provision of flexible support under par. (as). Rules promulgated under this subdivision may specify qualifying costs and services and eligibility criteria.

AB43,939 Section 939. 48.57 (3m) (i) 4. of the statutes is created to read:

AB43,690,15 48.57 (3m) (i) 4. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for a child residing in the home of a kinship care provider who is receiving a monthly rate under par. (am).

AB43,940 Section 940 . 48.57 (3m) (j) of the statutes is created to read:

AB43,690,18 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

AB43,941 Section 941. 48.57 (3n) (a) 1. b. of the statutes is amended to read:

AB43,691,2 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care relative provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB43,942 Section 942. 48.57 (3n) (a) 2. of the statutes is amended to read:

AB43,691,6 48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.

AB43,943 Section 943 . 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB43,691,16 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $300 per month beginning on January 1, 2022, to a long-term kinship care relative provider who is providing care and maintenance for that child if all of the following conditions are met:

AB43,944 Section 944 . 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,692,5 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap) and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child in the amount of $300 per month beginning on January 1, 2022, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:

AB43,945 Section 945. 48.57 (3n) (am) 1. of the statutes is amended to read:

AB43,692,12 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the county department or department for payments under this subsection, provides proof that he or she has been appointed as the guardian of the child, and, if the child is placed in the home of the long-term kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the county department or department for a license to operate a foster home.

AB43,946 Section 946. 48.57 (3n) (am) 2. of the statutes is amended to read:

AB43,692,17 48.57 (3n) (am) 2. The county department or department inspects the long-term kinship care relative's provider's home, interviews the long-term kinship care relative provider and determines that long-term placement with the long-term kinship care relative provider is in the best interests of the child.

AB43,947 Section 947. 48.57 (3n) (am) 4. of the statutes is amended to read:

AB43,693,2 48.57 (3n) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care relative provider, the employees and prospective employees of the long-term kinship care relative provider 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 sub. (3p) (a), of the long-term kinship care relative's provider's home to determine if the long-term kinship care relative provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care relative's provider's ability to care for the child.

AB43,948 Section 948. 48.57 (3n) (am) 4m. of the statutes is amended to read:

AB43,693,12 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative's provider's ability to care for the child and that, to the best of the long-term kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the long-term kinship care relative provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative's provider's ability to care for the child.

AB43,949 Section 949. 48.57 (3n) (am) 5. of the statutes is amended to read:

AB43,693,16 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.

AB43,950 Section 950. 48.57 (3n) (am) 5m. of the statutes is amended to read:

AB43,693,19 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not receiving payments under sub. (3m) with respect to the child.

AB43,951 Section 951. 48.57 (3n) (am) 5r. of the statutes is amended to read:

AB43,693,23 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB43,952 Section 952. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:

AB43,694,6 48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the county department or department enter into a written agreement under which the long-term kinship care relative provider agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care relative provider at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:

AB43,953 Section 953. 48.57 (3n) (am) 6. c. of the statutes is amended to read:

AB43,694,10 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term kinship care relative's provider's home under a court order or under a voluntary agreement under s. 48.63 (1) (a) or (b) or (5) (b).

AB43,954 Section 954. 48.57 (3n) (am) 6. d. of the statutes is amended to read:

AB43,694,13 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the long-term kinship care relative provider.

AB43,955 Section 955. 48.57 (3n) (am) 6. e. of the statutes is amended to read:

AB43,694,16 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care provider's guardianship under s. 48.977 terminates.

AB43,956 Section 956. 48.57 (3n) (an) of the statutes is created to read:

AB43,694,25 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care under par. (am), the department or, with the department's approval, the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a long-term kinship care provider who is providing care and maintenance for a child residing in the home of the long-term kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 2.

AB43,957 Section 957. 48.57 (3n) (ap) 1. of the statutes is amended to read:

AB43,695,12 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a long-term kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative provider for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term kinship care relative provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure.

AB43,958 Section 958. 48.57 (3n) (ap) 2. of the statutes is amended to read:

AB43,695,25 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or denied or the long-term kinship care relative provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care relative provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure.

AB43,959 Section 959. 48.57 (3n) (ap) 3. of the statutes is amended to read:

AB43,696,21 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care relative provider specified in subd. 1. is denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the long-term kinship care relative provider until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care relative's provider's home and the ability of the long-term kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative's provider's home. If the court does not order the child to remain in the kinship care relative's provider's home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order.

AB43,960 Section 960. 48.57 (3n) (b) 2. of the statutes is amended to read:

AB43,697,7 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB43,961 Section 961. 48.57 (3n) (cm) of the statutes is amended to read:

AB43,697,11 48.57 (3n) (cm) A long-term kinship care relative provider 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 48.623 (1) or (6) for that child.

AB43,962 Section 962. 48.57 (3n) (h) of the statutes is amended to read:

AB43,697,20 48.57 (3n) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care relative's provider'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.

AB43,963 Section 963. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) and amended to read:

AB43,697,24 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this subsection. Those rules shall include rules all of the following:

AB43,698,2 1. Rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

AB43,964 Section 964. 48.57 (3n) (i) 2. of the statutes is created to read:

AB43,698,7 48.57 (3n) (i) 2. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for children residing in a home of a long-term kinship care provider who is receiving a monthly rate under par. (am).

AB43,965 Section 965. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:

AB43,698,18 48.57 (3p) (h) 3. (intro.) The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:

AB43,966 Section 966. 48.57 (3p) (h) 3. b. of the statutes is amended to read:

AB43,698,21 48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative provider to care for the child.

AB43,967 Section 967. 48.57 (3p) (h) 4. of the statutes is amended to read:

AB43,699,9 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to 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.

AB43,968 Section 968 . 48.60 (2) (a) of the statutes is amended to read: