AB75-ASA1, s. 9108 Section 9108. Nonstatutory provisions; Children and Families.

AB75-ASA1,1775,3 (1) Release of support assignments. Any right to unpaid amounts of support or maintenance accrued at the time of application for kinship care payments, long-term kinship care payments, Wisconsin Works benefits, or caretaker supplement payments that is assigned to the state under section 48.57 (3m) (b) 2., 2007 stats., or (3n) (b) 2., 2007 stats., 49.145 (2) (s), 2007 stats., or 49.775 (2) (bm), 2007 stats., shall be released to the person who assigned that right to the state.

AB75-ASA1,1775,4 (2) Child welfare provider rate regulation.

AB75-ASA1,1775,16 (a) Transition. Notwithstanding section 49.343 (1g) and (1m) of the statutes, as affected by this act, for services provided beginning on January 1, 2010, and ending on December 31, 2010, a residential care center for children and youth, as defined in section 49.343 (1d) (d) of the statutes, as created by this act, and a group home, as defined in section 49.343 (1d) (c) of the statutes, as created by this act, shall charge the same per client rate for its services as it charged for services provided on December 31, 2009, and a child welfare agency, as defined in section 49.343 (1d) (b) of the statutes, as created by this act, shall charge the same per client administrative rate, as defined in section 49.343 (1d) (a) of the statutes, as created by this act, for the administrative portion of the foster care services to which section 49.343 of the statutes, as affected by this act, applies as it charged for the administrative portion of those services on December 31, 2009.

AB75-ASA1,1775,17 (b) Rules.

AB75-ASA1,1775,22 1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 49.343 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subdivision.

AB75-ASA1,1775,25 2m. `Emergency rules.' Notwithstanding section 227.24 of the statutes, the department of children and families may not promulgate the rules required under section 49.343 (4) of the statutes, as created by this act, as emergency rules.

AB75-ASA1,1776,7 (cm) Joint legislative council study. The joint legislative council shall study the implementation of the rate regulation system provided under section 49.343 of the statutes, as affected by this act. In studying the implementation of that system, the joint legislative council shall also study alternative methods of reducing the cost of out-of-home care placements for children. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance by December 31, 2009.

AB75-ASA1,1776,8 (3) Foster care levels of care.

AB75-ASA1,1777,3 (a) Transition. Notwithstanding section 48.62 (1) of the statutes, as affected by this act, beginning on January 1, 2010, a person who on December 31, 2009, is licensed to operate a treatment foster home under section 48.62 (1) (b), 2007 stats., is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, for the remainder of the term of the treatment foster home license under section 48.66 (1) (c), 2007 stats., or 48.75 (1r), 2007 stats., and a person who on December 31, 2009, is receiving kinship care payments under section 48.57 (3m), 2007 stats., or long-term kinship care payments under section 48.57 (3n), 2007 stats., for the care and maintenance of a child and who is not ineligible for a license to operate a foster home for a reason specified in section 48.685 (4m) (a) 1. to 5. of the statutes is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, until the time when the next review of the child's placement would have taken place under section 48.57 (3m) (d), 2007 stats., or 48.57 (3n) (d), 2007 stats. Beginning on January 1, 2010, the department of children and families, the department of corrections, or a county department of human or social services shall reimburse a person who under this paragraph is considered to be licensed to operate a foster home at the appropriate rate determined by that department or county department under the rules promulgated by the department of children and families under section 48.62 (8) (c) of the statutes, as created by this act.

AB75-ASA1,1777,4 (b) Rules.

AB75-ASA1,1777,9 1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.62 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month beginning after the effective date of this subdivision.

AB75-ASA1,1777,12 2m. `Emergency rules.' Notwithstanding section 227.24 of the statutes, the department of children and families may not promulgate the rules required under section 48.62 (8) of the statutes, as created by this act, as emergency rules.

AB75-ASA1,1777,23 (cm) Review by joint committee on finance. By December 1, 2009, the department of children and families shall submit to the joint committee on finance a detailed plan for the implementation of the rules promulgated under section 48.62 (8) of the statutes, as created by this act. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of submittal of the plan, the department may implement those rules. If, within 14 working days after the date of submittal of the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement those rules only upon approval of the committee.

AB75-ASA1,1778,8 (dm) Evaluation. The department of children and families shall evaluate the foster care system implemented under the rules promulgated under section 48.62 (8) of the statutes, as created by this act. That evaluation shall include an evaluation of the cost effectiveness of that system, its consistency in placing children in foster homes that provide an appropriate level of care for those children, the outcomes for children placed in foster homes under that system, and the increase or decrease in the availability of foster homes at each level of care provided under that system as a result of implementation of that system. The department shall report its findings, conclusions, and recommendations to the governor and to the joint committee on finance by February 1, 2011.

AB75-ASA1,1778,9 (5) Foster parent training.

AB75-ASA1,1778,10 (a) Rules.

AB75-ASA1,1778,15 1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.67 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subdivision.

AB75-ASA1,1778,18 2m. `Emergency rules.' Notwithstanding section 227.24 of the statutes, the department of children and families may not promulgate the rules required under section 48.67 (4) of the statutes, as created by this act, as emergency rules.

AB75-ASA1,1778,19 (6) Home visiting services; rules.

AB75-ASA1,1778,24 (a) Permanent rules. The department of children and families shall submit in proposed form the rules required under section 48.983 (2) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB75-ASA1,1779,10 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 48.983 (2) of the statues, as affected by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB75-ASA1,1779,11 (7f) Child care quality rating system.

AB75-ASA1,1779,15 (a) Review by joint committee on finance. By June 30, 2011, the department of children and families shall submit to the joint committee on finance a specific plan for the implementation of the child care quality rating system under section 48.658 of the statutes, as created by this act. That plan shall include all of the following:

AB75-ASA1,1779,18 1. Various options for the design of the rating system. All of those options shall require the department to include in the rating system child care providers certified under section 48.651 of the statutes, as affected by this act.

AB75-ASA1,1779,19 2. Various options for quality assurance monitoring under the rating system.

AB75-ASA1,1779,23 3. Details of the estimated expenditures that will be made in providing the rating system, including the estimated expenditures that will be made for financial incentives to encourage child care providers to achieve a higher rating under the rating system.

AB75-ASA1,1780,2 4. The information and training that will be provided to child care providers participating in the rating system. That information and training shall include specific steps for quality improvement, which steps may not be limited merely to new licensure or certifications requirements.

AB75-ASA1,1780,7 5. A description of how the rating system will ensure that the quality rating information provided under the rating system will be made accessible, and presented in a way that is useful, to the child care providers that are rated under the rating system and the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from those providers.