48.561(3)(a)(a) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department.
48.561(3)(b)
(b) The department of administration shall collect the amount specified in
par. (a) from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under
s. 46.40,
79.03,
79.04,
79.058,
79.06 or
79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under
s. 79.03,
79.04,
79.058,
79.06 or
79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under
s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection.
48.561 History
History: 1997 a. 27,
237;
1999 a. 9.
48.57
48.57
Powers and duties of department and county departments providing child welfare services. 48.57(1)
(1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare purposes by the county board of supervisors or by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall have the authority specified in
s. 48.48 (17). A county department shall have the authority:
48.57(1)(a)
(a) To investigate the conditions surrounding nonmarital children, children in need of protection or services, including developmentally disabled children, and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of those laws.
48.57(1)(b)
(b) To accept legal custody of children transferred to it by the court under
s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under
s. 48.355 and to provide special treatment and care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph.
48.57(1)(c)
(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 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.
48.57(1)(d)
(d) To provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.
48.57(1)(e)
(e) If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.
48.57(1)(g)
(g) Upon request of the department of health and family services or the department of corrections, to provide service for any child or expectant mother of an unborn child in the care of those departments.
48.57(1)(h)
(h) To contract with any parent or guardian or other person for the care and maintenance of any child.
48.57(1)(hm)
(hm) If a county department in a county with a population of less than 500,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a foster home or treatment foster home under a court order or voluntary agreement under
s. 48.63 and to place that child under its guardianship for adoption by the foster parent or treatment foster parent.
48.57(1)(i)
(i) To license foster homes or treatment foster homes in accordance with
s. 48.75.
48.57(1)(j)
(j) To use in the media a picture or description of a child in its guardianship for the purpose of finding adoptive parents for that child.
48.57(2)
(2) In performing the functions specified in
sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of children and unborn children in the county.
48.57(3)(a)(a) From the reimbursement received under
s. 46.495 (1) (d), counties may provide funding for the maintenance of any child who:
48.57(3)(a)2.
2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma;
48.57(3)(a)4.
4. Is living in a foster home, treatment foster home, group home or child caring institution.
48.57(3)(b)
(b) The funding provided for the maintenance of a child under
par. (a) shall be in an amount equal to that which the child would receive under
s. 46.495 (1) (d) if the child were 17 years of age.
48.57(3m)(a)1.
1. "Child" means a person under 18 years of age or a person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
48.57(3m)(a)2.
2. "Kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
48.57 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.57(3m)(am)
(am) From the appropriation under
s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
48.57(3m)(am)1.
1. The kinship care relative applies to the county department or department for payments under this subsection and the county department or department determines that there is a need for the child to be placed with the kinship care relative and that the placement with the kinship care relative is in the best interests of the child.
48.57(3m)(am)2.
2. The county department or department determines that the child meets one or more of the criteria specified in
s. 48.13 or
938.13, that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home or, if the child is 18 years of age or over, that the child would meet or be at risk of meeting one or more of those criteria as specified in this subdivision if the child were under 18 years of age.
48.57(3m)(am)4.
4. The county department or department conducts a background investigation under
sub. (3p) of the kinship care relative, any employee and prospective employee of the kinship care relative who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employee, prospective employee or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.
48.57(3m)(am)4m.
4m. Subject to
sub. (3p) (fm) 1. and
2., the kinship care relative states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child and that no adult resident, as defined in
sub. (3p) (a), and no employee or prospective employee of the kinship care relative who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.
48.57(3m)(am)5.
5. The kinship care relative 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.
48.57(3m)(am)5m.
5m. The kinship care relative is not receiving payments under
sub. (3n) with respect to the child.
48.57(3m)(am)6.
6. The child for whom the kinship care relative 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.
48.57(3m)(ar)
(ar) The department shall promulgate rules to provide assessment criteria for determining whether a kinship care relative 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.
48.57(3m)(b)1.1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under
s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under
par. (am).
48.57(3m)(b)2.
2. When any kinship care relative 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, including any right to unpaid amounts accrued at the time of application and any right to amounts 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.
48.57(3m)(c)
(c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under
par. (am) to initiate or continue health care insurance coverage for the child.
48.57(3m)(cm)
(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) for that child.
48.57(3m)(d)
(d) A county department or, in a county having a population of 500,000 or more, the department shall review a placement of a child for which the county department or department makes payments under
par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in
par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.
48.57(3m)(e)
(e) The department shall determine whether the child is eligible for medical assistance under
ss. 49.43 to
49.47.
48.57(3m)(f)
(f) Any person whose application for payments under
par. (am) is not acted on promptly or is denied on the grounds that a condition specified in
par. (am) 1.,
2.,
5. or
6. has not been met and any person whose payments under
par. (am) are discontinued under
par. (d) may petition the department under
par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
48.57(3m)(g)1.1. Upon receipt of a timely petition under
par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
48.57(3m)(g)1.b.
b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
48.57(3m)(g)1.c.
c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.
48.57(3m)(g)2.
2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under
par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the kinship care program in that county that the recipient has requested a hearing. Payments under
par. (am) shall be discontinued if any of the following applies:
48.57(3m)(g)2.a.
a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.
48.57(3m)(g)2.b.
b. The recipient is notified of a change in his or her payments under
par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.
48.57(3m)(g)3.
3. The recipient shall be promptly informed in writing if his or her payments under
par. (am) are to be discontinued pending the hearing decision.
48.57(3n)(a)1.
1. "Child" means a person under 18 years of age or a person 18 years of age or over, but under 19 years of age, who is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and who is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.
48.57(3n)(a)2.
2. "Long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
48.57 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
48.57(3n)(am)
(am) From the appropriation under
s. 20.435 (3) (kc), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in
sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
48.57(3n)(am)1.
1. The long-term kinship care relative applies to the county department or department for payments under this subsection and provides proof that he or she has been appointed as the guardian of the child under
s. 48.977 (2).
48.57(3n)(am)2.
2. The county department or department inspects the long-term kinship care relative's home, interviews the long-term kinship care relative and determines that long-term placement with the long-term kinship care relative is in the best interests of the child.
48.57(3n)(am)4.
4. The county department or department conducts a background investigation under
sub. (3p) of the long-term kinship care relative, the employees and prospective employees of the long-term kinship care relative 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 home to determine if the long-term kinship care relative, 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 ability to care for the child.
48.57(3n)(am)4m.
4m. Subject to
sub. (3p) (fm) 1m. and
2m., the long-term kinship care relative 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 ability to care for the child and that, to the best of the long-term kinship care relative's knowledge, no adult resident, as defined in
sub. (3p) (a), and no employee or prospective employee of the long-term kinship care relative 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 ability to care for the child.
48.57(3n)(am)5.
5. The long-term kinship care relative 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.
48.57(3n)(am)5m.
5m. The long-term kinship care relative is not receiving payments under
sub. (3m) with respect to the child.
48.57(3n)(am)5r.
5r. The child for whom the long-term kinship care relative 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.
48.57(3n)(am)6.
6. The long-term kinship care relative and the county department or department enter into a written agreement under which the long-term kinship care relative 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 at the rate specified in
sub. (3m) (am) (intro.) until the earliest of the following:
48.57(3n)(am)6.a.
a. The date on which the child attains the age of 18 years or, if on that date the child is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma, the date on which the child is granted a high school or high school equivalency diploma or the date on which the child attains the age of 19 years, whichever occurs first.
48.57(3n)(am)6.c.
c. The date on which the child is placed outside the long-term kinship care relative's home under a court order or under a voluntary agreement under
s. 48.63.
48.57(3n)(am)6.d.
d. The date on which the child ceases to reside with the long-term kinship care relative.
48.57(3n)(ar)
(ar) Subject to
sub. (3p) (fm) 1m. and
(hm), a county department or, in a county having a population of 500,000 or more, the department shall enter into an agreement under
par. (am) 6. if all of the following conditions are met:
48.57(3n)(ar)2.
2. The applicant has expressed a willingness to enter into the agreement.
48.57(3n)(b)1.1. The county department or, in a county having a population of 500,000 or more, the department shall refer to the attorney responsible for support enforcement under
s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under
par. (am).
48.57(3n)(b)2.
2. When any long-term kinship care relative 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, including any right to unpaid amounts accrued at the time of application and any right to amounts 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.
48.57(3n)(c)
(c) The county department or, in a county having a population of 500,000 or more, the department shall require the parent or parents of a child for whom a payment is made under
par. (am) to initiate or continue health care insurance coverage for the child.
48.57(3n)(cm)
(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) for that child.
48.57(3n)(d)
(d) The county department or, in a county having a population of 500,000 or more, the department shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in
par. (am) 6. a. to
f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments.
48.57(3n)(e)
(e) The department shall determine whether the child is eligible for medical assistance under
ss. 49.43 to
49.47.
48.57(3n)(f)
(f) Any person whose application for payments under
par. (am) is not acted on promptly or is denied on the grounds that a condition specified in
par. (am) 1.,
2.,
5.,
5m. or
5r. has not been met and any person whose payments under
par. (am) are discontinued under
par. (d) may petition the department under
par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.
48.57(3n)(g)1.1. Upon receipt of a timely petition under
par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:
