2023 Wisconsin Act 19

2. Amounts retrieved by the state under contractual risk corridors.

(b) The managed care organizations for the family care benefit, the Family Care Partnership program, and the program for all-inclusive care for the elderly operating under 42 USC 1396u-4 shall track and report to the department the total authorized and total provided care plan hours by service category under the family care benefit, the Family Care Partnership program, and the program for all-inclusive care for the elderly operating under 42 USC 1396u-4. By April 1 of each year, the department shall submit to the joint committee on finance a report containing the total authorized and total provided care plan hours by service category under the family care benefit, the Family Care Partnership program, and the program for all-inclusive care for the elderly operating under 42 USC 1396u-4.

19,245 Section 245. 46.40 (8) of the statutes is amended to read:

46.40 (8) Alzheimer’s family and caregiver support allocation. Subject to sub. (9), the department cannot distribute more than $3,058,900 in each fiscal year for services to persons with Alzheimer’s disease and their caregivers under s. 46.87, the department shall distribute not more than $2,808,900 in each fiscal year.

19,246 Section 246. 48.233 (2) of the statutes is amended to read:

48.233 (2) This section does not apply to a proceeding commenced after June 2025 under s. 48.13 after June 30, 2023.

19,247 Section 247. 48.233 (3) of the statutes is amended to read:

48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection 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 subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until 2 four years after June 30, 2021.

19,248 Section 248. 48.233 (4) of the statutes is amended to read:

48.233 (4) By January 1, 2021, and by January 1, 2023 2025, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

19,249 Section 249. 48.48 (8r) of the statutes is amended to read:

48.48 (8r) To reimburse county departments and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) or (6), including guardianships of Indian children ordered by tribal courts.

19,250 Section 250. 48.526 (3) (c) of the statutes is amended to read:

48.526 (3) (c) Within the limits of the appropriations under s. 20.437 (1) (cj) and, (o), and (q), the department shall allocate funds to each county for services under this section.

19,251 Section 251. 48.526 (3) (e) of the statutes is amended to read:

48.526 (3) (e) The department may carry forward $500,000 or 10 percent of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) or (q) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county’s base allocation.

19,252 Section 252. 48.526 (3) (em) of the statutes is amended to read:

48.526 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) or (q) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county’s base allocation.

19,253 Section 253. 48.526 (6) (a) of the statutes is amended to read:

48.526 (6) (a) The department shall develop criteria as provided in par. (b) to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.437 (1) (cj) and, (o), and (q) for purposes described in this section.

19,254 Section 254. 48.526 (7) (intro.) of the statutes is amended to read:

48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and, (o), and (q), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021, and ending on June 30, 2023 and for the 2023 fiscal biennium, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

19,254g Section 254g. 48.526 (7) (a), (b) (intro.), (bm), (c), (e) and (h) and (8) of the statutes are amended to read:

48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 for the last 6 months of 2021 2023, $95,481,500 for 2022 2024, and $47,740,750 for the first 6 months of 2023 2025.

(b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2021 2023, $4,000,000 for 2022 2024, and $2,000,000 for the first 6 months of 2023 2025 to counties based on each of the following factors weighted equally:

(bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2021 2023, $12,500,000 for 2022 2024, and $6,250,000 for the first 6 months of 2023 2025 to counties based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

(c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2021 2023, $2,106,500 for 2022 2024, and $1,053,300 for the first 6 months of 2023 2025 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

(e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2021 2023, $250,000 for 2022 2024, and $125,000 for the first 6 months of 2023 2025. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

(h) For counties that are purchasing community supervision services under s. 938.533 (2), $1,062,400 in the last 6 months of 2021 2023, $2,124,800 in 2022 2024, and $1,062,400 in the first 6 months of 2023 2025 for the provision of community supervision services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall distribute to each county the full amount of the charges for the services purchased by that county, except that if the amounts available under this paragraph are insufficient to distribute that full amount, the department shall distribute those available amounts to each county that purchases community supervision services based on the ratio that the charges to that county for those services bear to the total charges to all counties that purchase those services.

(8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2021 2023, $1,333,400 in 2022 2024, and $666,700 in the first 6 months of 2023 2025 for alcohol and other drug abuse treatment programs.

19,255 Section 255. 48.563 (2) of the statutes is amended to read:

48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $101,154,200 in fiscal year 2021-22 and $101,162,800 in fiscal year 2022-23. In fiscal year 2023-24, the department shall distribute $101,551,400. In fiscal year 2024-25, the department shall distribute $101,939,600.

19,256 Section 256. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

48.57 (3m) (am) (intro.) 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 $300 per month in the amount of $375 beginning on January 1, 2022 2024, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

19,257 Section 257. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

48.57 (3n) (am) (intro.) 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 $300 per month in the amount of $375 beginning on January 1, 2022 2024, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

19,258 Section 258. 48.62 (4) of the statutes is renumbered 48.62 (4) (a) (intro.) and amended to read:

48.62 (4) (a) (intro.) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2022 2024, the rates are $300 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a), are $375 and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $420 for the rates are all of the following:

1. $441 for a child under 5 years of age; $460.

2. $483 for a child 5 to 11 years of age; $522.

3. $548 for a child 12 to 14 years of age; and $545.

4. $572 for a child 15 years of age or over.

(b) In addition to these the grants under par. (a) for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

19,259 Section 259. 48.623 (1) (intro.) of the statutes is amended to read:

48.623 (1) Eligibility. (intro.) A county department or, as provided in sub. (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law if the county department, Indian tribe, or department determines that the conditions specified in pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a), a tribe or the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in par. (a), if the county department, Indian tribe, or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department, Indian tribe, or the department, whichever will be providing those payments, determines that all of the following apply:

19,260 Section 260. 48.623 (1) (b) 3. of the statutes is amended to read:

48.623 (1) (b) 3. The guardian is licensed as the child’s foster parent and the guardian and all adults residing in the guardian’s home meet the requirements specified in s. 48.685 or, for a guardianship of a child ordered by a tribal court in which the background investigation is conducted by the Indian tribe, all adults residing in the guardian’s home meet either the requirements specified in s. 48.685 or the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

19,261 Section 261. 48.623 (1) (c) of the statutes is amended to read:

48.623 (1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or a tribal court under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as provided in s. 48.977 (3r) (a).

19,262 Section 262. 48.623 (2) (intro.) of the statutes is amended to read:

48.623 (2) Subsidized guardianship agreement. (intro.) Before a county department, an Indian tribe, or the department may approve the provision of subsidized guardianship payments under sub. (1) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following:

19,263 Section 263. 48.623 (2) (c) of the statutes is amended to read:

48.623 (2) (c) That the county department, Indian tribe, or department will pay the total cost of the nonrecurring expenses that are associated with obtaining guardianship of the child, not to exceed $2,000.

19,264 Section 264. 48.623 (3) (a) of the statutes is amended to read:

48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court, or a county department may provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of Indian children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx).

19,265 Section 265. 48.623 (3) (b) of the statutes is amended to read:

48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

19,266 Section 266. 48.623 (3) (c) 1. of the statutes is amended to read:

48.623 (3) (c) 1. If a person who is receiving monthly subsidized guardianship payments under an agreement under sub. (2) believes that there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (7) (a), he or she may request that the agreement be amended to increase the amount of those payments. If a request is received under this subdivision, the county department, Indian tribe, or department shall determine whether there has been a substantial change in circumstances and whether there has been a substantiated report of abuse or neglect of the child by the person receiving those payments. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by that person, the county department, Indian tribe, or department shall offer to increase the amount of those payments based on criteria established by the department by rule promulgated under sub. (7) (b). If an increased monthly subsidized guardianship payment is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the increased amount of those payments.

19,267 Section 267. 48.623 (3) (c) 2. of the statutes is amended to read:

48.623 (3) (c) 2. Annually, a county department, Indian tribe, or the department shall review an agreement that has been amended under subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department, Indian tribe, or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under sub. (1) based on criteria established by the department under sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department, Indian tribe, or department regarding the decrease under sub. (5).

19,268 Section 268. 48.623 (3) (d) of the statutes is amended to read:

48.623 (3) (d) The department, an Indian tribe, or a county department may recover an overpayment made under sub. (1) or (6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person’s monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department or Indian tribe 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.

19,269 Section 269. 48.623 (4) of the statutes is amended to read:

48.623 (4) Annual review. A county department, an Indian tribe, or the department shall review a placement of a child for which the county department, Indian tribe, or department makes payments under sub. (1) not less than every 12 months after the county department, Indian tribe, or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department, Indian tribe, or department shall discontinue making those payments.

19,270 Section 270. 48.623 (5) (b) 1. (intro.) of the statutes is amended to read:

48.623 (5) (b) 1. (intro.) Upon receipt of a timely petition described in par. (a) 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, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. That county department, Indian tribe, 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, Indian tribe, 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, Indian tribe, 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:

19,271 Section 271. 48.623 (5) (b) 2. of the statutes is amended to read:

48.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub. (1) are being decreased or discontinued, those payments may not be decreased or 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, Indian tribe, or the subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) shall be decreased or discontinued if 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.

19,272 Section 272. 48.623 (6) (am) (intro.) of the statutes is amended to read:

48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1), the county department, Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:

19,273 Section 273. 48.623 (6) (am) 1. of the statutes is amended to read:

48.623 (6) (am) 1. The county department, Indian tribe, or department inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

19,274 Section 274. 48.623 (6) (am) 2. of the statutes is amended to read:

48.623 (6) (am) 2. The county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the interim caretaker and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim caretaker and determines that those individuals meet the requirements specified in s. 48.685. For investigations conducted by an Indian tribe, the background investigation may be conducted under s. 48.685 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20). The county department, Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.

19,275 Section 275. 48.623 (6) (am) 3. of the statutes is amended to read:

48.623 (6) (am) 3. The interim caretaker cooperates with the county department, Indian tribe, or department in finding a permanent placement for the child.

19,276 Section 276. 48.623 (6) (bm) (intro.), 1., 2., 3., 4. and 5. of the statutes are amended to read:

48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving payments under sub. (1), the county department, an Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m):

1. The county department, Indian tribe, or department determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement.

2. The county department, Indian tribe, or department determines that the person has a strong commitment to caring permanently for the child.

3. The county department, Indian tribe, or department inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

4. Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement under sub. (2) with the county department, Indian tribe, or department.

5. Prior to the person entering into the subsidized guardianship agreement, the county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the person and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the person and determines that those individuals meet the requirements specified in s. 48.685. The county department, Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of a person receiving those payments for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.

19,277 Section 277. 48.623 (7) (b) of the statutes is amended to read:

48.623 (7) (b) Rules establishing requirements for submitting a request under sub. (3) (c) 1. and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department, an Indian tribe, or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.

19,278 Section 278. 48.623 (8) of the statutes is created to read:

48.623 (8) Tribal agreements. (a) The department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer subsidized guardianships ordered by a tribal court under a tribal law substantially similar to s. 48.977 (2) and to be reimbursed by the department for eligible tribal subsidized guardianship payments. An agreement under this paragraph shall require the governing body of an Indian tribe to comply with all requirements for administering subsidized guardianship that apply to counties and the department, including eligibility.

(b) A county department may provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments.