(II) There is an adoption assistance agreement under
42 USC 673 in effect for the individual, and the agreement became effective after the individual attained 16 years of age.
(III) There is a kinship guardianship assistance agreement under
42 USC 673 (d) in effect for the individual, and the agreement became effective after the individual attained 16 years of age.
(ii) The individual has attained 18 years of age.
(iii) The individual has not attained 19, 20, or 21 years of age, as the State may elect.
(iv) The individual is any of the following as the state may elect:
(I) Completing secondary education or a program leading to an equivalent credential.
(II) Enrolled in an institution which provides post-secondary or vocational education.
(III) Participating in a program or activity designed to promote, or remove barriers to, employment.
(IV) Employed for at least 80 hours per month.
(V) Incapable of doing any of the activities described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.
42 USC 675 (B) (i) requires that any extension of foster care to children over 18 years of age also apply to adoption assistance and subsidized guardianship agreements that became effective after the child attained 16 years of age. Department of Health and Human Services, Administration for Children and Families, Children's Bureau, Program Instruction,
Guidance on the Fostering Connections to Success and Increasing Adoptions Act of 2008, ACYF-CB-PI-10-11, July 9, 2010.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal.
Contact Person
For foster care, kinship care, adoption assistance, and subsidized guardianship:
Jonelle Brom
Section Chief, Out-of-Home Care Section
Division of Safety and Permanence
(608) 264-6933
For group homes, residential care centers, and child-placing agencies:
Mary Morse
Child Welfare Program Specialist
Licensing Section
Division of Safety and Permanence
(262) 548-8694
Natural Resources
Environmental Protection — General, Chs.
100—
(DNR # OE-09-14 and OE-10-14(E) )
This statement of scope was approved by the governor on May 15, 2014.
Rule No.
Relating to
Environmental analysis and review procedures under.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
This rule is needed as housekeeping to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch.
NR 150 revision is being met and potential procedural questions do not invalidate years of work and public engagement on new rules packages. An emergency rule is needed to ensure processing and enactment of rule proposals in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
NR 150 was revised and went into effect April 1, 2014. The previous version of the code classified most administrative rules as “Type 3 actions", a classification requiring some form of public notice and no additional environmental analysis as part of the formal rules process.
The rule changes would be simple editorial changes to clarify that emergency rules are “minor actions" requiring no additional environmental analysis, and that the process for developing permanent rules are “equivalent analysis actions". These changes would more clearly outline the required review process for administrative rules. Additional changes to clarify publication requirements, WEPA compliance determinations for various permits and plan approvals and other housekeeping changes, consistent with the intent of the rule, as presented to the public and approved by the NRB, may also come to light as implementation of the new rule progresses.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The rule change would clarify what was intended and what was presented to the public through the Natural Resources Board process for development of the current ch.
NR 150.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is responsible for compliance with department rules and procedures pursuant to s.
1.11, Stats., and s.
227.11, Stats., provides rule authority
Pursuant to s.
227.24 (1) (a), Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to ensure that the department and public time involved in lengthy rule processes for current rules is not compromised by a confusing definition in ch.
NR 150.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
8 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
It is anticipated that no entities shall be affected by the proposed rule. This clarifies internal procedures for rules development.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of September 2014.
The Department will hold this hearing in Madison to seek public comment on the housekeeping changes to the rule.
Contact Person
James Pardee, 608-266-0426.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Rule Type
Permanent.
1. Finding/nature of the emergency (Emergency Rule only).
N/A.
2. A Description of the Objective of the Proposed Rule
This proposed rule change will modify ch.
PI 17 as a result of the statutory changes made in
2013 Wisconsin Act 257. Any other changes to ch.
PI 17 that are needed to align ch.
PI 17 with current statutes will also be made.
3. A description of the Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
4. The Statutory Authority for the Proposed Rule
Under ss.
227.11 (2) (a) (intro) and
121.14, Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section
121.14 (1) (a), Stats., provides specific rulemaking authority as follows:
121.14 State aid for summer classes and interim session classes
(1) (a) State aid shall be paid to each district or county children with disabilities education board for all of the following:
1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
5. An Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. A Description of all of the Entities that will be Affected by the Proposed Rule
School districts may be impacted by this rule.
7. A Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Addresses or is intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Agency contact:
