48.568
48.568
Allocation of federal funds for children and family aids and child welfare. Subject to s.
48.563 (1) (b) and
(c), if the department receives unanticipated federal foster care and adoption assistance payments under
42 USC 670 to
679a and it proposes to allocate the unanticipated funds so that an allocation limit in s.
48.563 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s.
48.563. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s.
48.563, only with the approval of the committee.
48.568 History
History: 2007 a. 20.
48.569
48.569
Distribution of children and family aids funds to counties. 48.569(1)(d)
(d) From the appropriations under s.
20.437 (1) (b),
(cx),
(km), and
(o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s.
48.645 to county departments as provided under s.
48.563. County matching funds are required for the distribution under s.
48.563 (2). Each county's required match for the distribution under s.
48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub.
(1m). If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
48.569(1)(dc)
(dc) The department shall prorate the amount allocated to any county department under par.
(d) to reflect actual federal funds available.
48.569(1)(f)1.1. If any state matching funds allocated under par.
(d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.
48.569(1)(f)2.
2. The county allocation to match aid increases shall be included in the contract under s.
49.325 (2g), and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par.
(d) shall be included in the contract under s.
49.325 (2g) and approved.
48.569(1m)(a)(a) A private donation to a county may be used to match the state grant-in-aid under sub.
(1) (d) only if the donation is both of the following:
48.569(1m)(a)1.
1. Donated to a county department and the donation is under the administrative control of that county department.
48.569(1m)(a)2.
2. Donated without restrictions as to use, unless the restrictions specify that the donation be used for a particular service and the donor neither sponsors nor operates the service.
48.569(1m)(b)
(b) Voluntary federated fund-raising organizations are not sponsors or operators of services within the meaning of par.
(a) 2. Any member agency of such an organization that sponsors or operates services is considered to be an autonomous entity separate from the organization unless the board membership of the organization and the agency interlock.
48.569(2)(a)(a) The county treasurer and each director of a county department shall monthly certify under oath to the department, in the manner the department prescribes, the claim of the county for state reimbursement under this section, and if the department approves the claim it shall certify to the department of administration for reimbursement to the county for amounts due under this section and payment claimed to be made to the counties monthly.
48.569(2)(b)
(b) To facilitate prompt reimbursement, the certificate of the department may be based on the certified statements of the county officers filed under par.
(a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 of each year the department shall submit a report to the appropriate standing committees under s.
13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
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 or 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 or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s.
48.977 (2), 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 750,000 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 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 750,000, to accept guardianship, when appointed by the court, of a child whom the county department has placed in a 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.
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(2m)
(2m) A county department, as soon as practicable after learning that a person who is receiving child welfare services under sub.
(1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person's new county of residence or, if that new county of residence is a county having a population of 750,000 or more, the department. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information.
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, group home, residential care center for children and youth, or subsidized guardianship home or in a supervised independent living arrangement.
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.
48.569 (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. “Child" also includes a person 18 years of age or over, if any of the following applies:
48.57(3m)(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(3m)(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 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(3m)(a)2.
2. “Kinship care relative" means a relative other than a parent.
48.57(3m)(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 payments in the amount of $238 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019, 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, if the child is placed in the home of the kinship care relative under a court order, for a license to operate a foster home.
48.57(3m)(am)1m.
1m. 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)(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(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(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 $238 per month beginning on January 1, 2018, and $244 per month beginning on January 1, 2019, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
