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)(ap)1.1. 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 kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative under a court order 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 kinship care relative for a license to operate a foster home or, if the application is approved or denied or the kinship care relative 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 kinship care relative is otherwise determined to be ineligible for licensure.
48.57(3m)(ap)2.
2. If the application specified in
subd. 1. is not approved or denied or the kinship care relative 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 kinship care relative, 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 kinship care relative 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 kinship care relative is otherwise determined to be ineligible for licensure.
48.57(3m)(ap)3.
3. Notwithstanding that an application of a kinship care relative specified in
subd. 1. is denied or the kinship care relative 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 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 home and the ability of the kinship care relative to care for the child, and a recommendation that the child remain in the home of the kinship care relative and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's home. If the court does not order the child to remain in the kinship care relative'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.
48.57(3m)(b)1.1. The county department or, in a county having a population of 750,000 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). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under
par. (am).
48.57 Note
NOTE: Subd. 1. is shown as affected by
2015 Wis. Acts 55 and
172 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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 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 750,000 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) or
48.623 (1) or
(6) for that child.
48.57(3m)(d)
(d) A county department or, in a county having a population of 750,000 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
49.471.
48.57(3m)(f)
(f) Any person whose application for payments under
par. (am) is not acted on promptly, is denied on the grounds that a condition specified in
par. (am) 1.,
1m.,
2.,
5.,
5m., or
6. has not been met, or is denied following a review under
sub. (3p) (h) on the grounds that a condition specified in
par. (am) 4. or
4m. 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 reviewed under
ss. 227.52 to
227.58 or 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 750,000 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(3m)(h)
(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 who continues to receive payments under
par. (am) by reducing the amount of the kinship care relative'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.
48.57(3m)(i)
(i) The department shall promulgate rules to implement this subsection. Those rules shall include all of the following:
48.57(3m)(i)1.
1. 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)(i)2.
2. Rules governing the provision of kinship care payments for the care and maintenance of a child after the child attains 18 years of age.
48.57 Cross-reference
Cross-reference: See also ch.
DCF 58, Wis. adm. code.
48.57(3n)(a)1.
1. “Child" means a person under 18 years of age. “Child" also includes a person 18 years of age or over, if any of the following applies:
48.57(3n)(a)1.a.
a. The person is under 19 years of age, 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.
48.57(3n)(a)1.b.
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 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).
48.57 Note
NOTE: Missing language is shown in brackets. Corrective legislation is pending.
48.57(3n)(a)2.
2. “Long-term kinship care relative" means a relative other than a parent.
48.57(3n)(am)
(am) 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 $226 per month beginning on January 1, 2014, and $232 per month beginning on January 1, 2015, 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, 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 under a court order, applies to the county department or department for a license to operate a foster home.
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; 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 an individualized education program under
s. 115.787 is in effect for the child, 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 21 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 (1) (a) or
(b) or
(5) (b).
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)(ap)1.1. 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 who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative 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 for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care relative 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 is otherwise determined to be ineligible for licensure.
48.57(3n)(ap)2.
2. If the application specified in
subd. 1. is not approved or denied or the long-term kinship care relative 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, 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 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 is otherwise determined to be ineligible for licensure.
48.57(3n)(ap)3.
3. Notwithstanding that an application of a long-term kinship care relative specified in
subd. 1. is denied or the long-term kinship care relative 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 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 home and the ability of the long-term kinship care relative to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative's home. If the court does not order the child to remain in the kinship care relative'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.
48.57(3n)(ar)
(ar) Subject to
sub. (3p) (fm) 1m. and
(hm), a county department or, in a county having a population of 750,000 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 750,000 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). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under
par. (am).
48.57 Note
NOTE: Subd. 1. is shown as affected by
2015 Wis. Acts 55 and
172 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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 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 750,000 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) or
48.623 (1) or
(6) for that child.
48.57(3n)(d)
(d) The county department or, in a county having a population of 750,000 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
49.471.
48.57(3n)(f)
(f) Any person whose application for payments under
par. (am) is not acted on promptly, is denied on the grounds that a condition specified in
par. (am) 1.,
2.,
5.,
5m., or
5r. has not been met, or is denied following a review under
sub. (3p) (hm) on the grounds that a condition specified in
par. (am) 4. or
4m. 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 reviewed under
ss. 227.52 to
227.58 or 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(3n)(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(3n)(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(3n)(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 750,000 or more, the subunit of the department administering of the long-term 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(3n)(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(3n)(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(3n)(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)(h)
(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 who continues to receive payments under
par. (am) by reducing the amount of the long-term kinship care relative'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.
48.57(3n)(i)
(i) The department shall promulgate rules to implement this subsection. Those rules shall include 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.
48.57(3p)(a)(a) In this subsection, “adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under
sub. (3m) or
(3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under
sub. (3m) or
(3n).
48.57(3p)(b)1.1. After receipt of an application for payments under
sub. (3m) or
(3n), the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.
48.57(3p)(b)2.
2. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under
sub. (3m) at the time of review under
sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.
48.57(3p)(b)3.
3. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under
sub. (3n) at any time that the county department or department considers to be appropriate.
48.57(3p)(c)1.1. After receipt of an application for payments under
sub. (3m) or
(3n), the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall, in addition to the investigation under
par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.
48.57(3p)(c)2.
2. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under
sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.
48.57(3p)(c)2m.
2m. The county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under
sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.
48.57(3p)(c)3.
3. Before a person who is receiving payments under
sub. (3m) or
(3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 750,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under
subd. 1.,
2. or
2m.
