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.