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.
19,266Section 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.
19,267Section 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).
19,268Section 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.
19,269Section 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.
19,270Section 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:
19,271Section 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.
19,272Section 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:
19,273Section 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).
19,274Section 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.
19,275Section 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.
19,276Section 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.
19,277Section 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.
19,278Section 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.
19,279Section 279. 48.685 (5) (a) of the statutes is amended to read: 48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or a child welfare agency may license to operate a foster home under s. 48.62, the department in a county having a population of 750,000 or more, an Indian tribe, or a county department may provide subsidized guardianship payments under s. 48.623 (6) to a person who otherwise may not be so licensed or provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be so employed, provided payments, or permitted to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, county department, or child welfare agency or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
19,280Section 280. 48.977 (3r) (a) of the statutes is amended to read: 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).
19,281Section 281. 48.977 (3r) (b) of the statutes is amended to read: 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).
Section 282c. 49.155 (1g) (ac) of the statutes is amended to read: 49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,975,000 per fiscal year. In fiscal year 2024-25, an additional five million dollars for a child care bonus program.
19,283Section 283. 49.155 (1g) (bc) of the statutes is amended to read: 49.155 (1g) (bc) Grants under s. 49.134 (2) in the amount of at least $2,598,600 per fiscal year for child care resource and referral services, in the amount of at least $1,298,600 per fiscal year.
19,284Section 284. 49.155 (1g) (h) of the statutes is created to read: 49.155 (1g) (h) In fiscal year 2024-25, a grant to support development and expansion of the Wisconsin Early Education Shared Services Network, in the amount of at least $2,500,000.
19,285Section 285. 49.155 (1g) (i) of the statutes is created to read: 49.155 (1g) (i) Increases to the maximum payment rates paid to child care providers on the basis of a provider’s quality rating under sub. (6) (e) 3. d. and e.
19,286Section 286. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read: 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual’s family is at or below 185 percent of the poverty line for a family the size of the individual’s family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following:
19,287Section 287. 49.155 (1m) (c) 1d. a. of the statutes is amended to read: 49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual’s family exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $3 by which the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family. Beginning in fiscal year 2024-25, to the extent that the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $5.
19,288Section 288. 49.175 (1) (a) of the statutes is amended to read: 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $37,000,000 in fiscal year 2021-22 and $34,000,000 in fiscal year 2022-23. In fiscal year 2023-24, for such benefits, $28,000,000. In fiscal year 2024-25, for such benefits, $29,000,000.
19,289Section 289. 49.175 (1) (b) of the statutes is amended to read: 49.175 (1) (b) Wisconsin Works agency contracts; job access loans. For contracts with Wisconsin Works agencies under s. 49.143 and for job access loans under s. 49.147 (6), $54,009,700 in fiscal year 2021-22 and $57,071,200 in fiscal year 2022-23 each fiscal year thereafter.
19,290Section 290. 49.175 (1) (g) of the statutes is amended to read: 49.175 (1) (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $17,231,100 in fiscal year 2021-22 and $17,482,300 in fiscal year 2022-23. In fiscal year 2023-24, for such purposes, $19,015,300. In fiscal year 2024-25, for such purposes, $19,424,300.
19,291Section 291. 49.175 (1) (Lm) of the statutes is amended to read: 49.175 (1) (Lm) Jobs for America’s Graduates. For grants to the Jobs for America’s Graduates-Wisconsin to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $500,000 in each fiscal year, $1,000,000.
19,292Section 292. 49.175 (1) (Lp) of the statutes is created to read: 49.175 (1) (Lp) Skills enhancement program. For skills enhancement grants, $500,000 in each fiscal year.
19,293Section 293. 49.175 (1) (p) of the statutes is amended to read: 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155 or 49.257, $376,700,400 in fiscal year 2021-22 and $383,900,400 in fiscal year 2022-23. In fiscal year 2023-24, for such direct child care services, $368,834,800. In fiscal year 2024-25, for such direct child care services, $428,779,700.
19,294Section 294. 49.175 (1) (q) of the statutes is amended to read: 49.175 (1) (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $42,117,800 in fiscal year 2021-22 and $41,803,100 in fiscal year 2022-23. In fiscal year 2023-24, for such programs and activities, $45,796,000. In fiscal year 2024-25, for such programs and activities, $45,570,300.
19,295Section 295. 49.175 (1) (qm) of the statutes is amended to read: 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in ss. 49.155 (1g) and 49.257, $16,683,700 in each fiscal year 2022-23. In fiscal year 2023-24, for such activities, $28,518,700. In fiscal year 2024-25, for such activities, $46,018,700.
19,296Section 296. 49.175 (1) (r) of the statutes is amended to read: 49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $18,564,700 in fiscal year 2021-22 and $18,145,000 in fiscal year 2022-23. In fiscal year 2023-24, for such payments, $9,699,900. In fiscal year 2024-25, for such payments, $10,990,400.
19,297Section 297. 49.175 (1) (s) of the statutes is amended to read: 49.175 (1) (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $28,727,100 in fiscal year 2021-22 and $31,441,800 in fiscal year 2022-23. In fiscal year 2023-24, for such payments, $31,719,200. In fiscal year 2024-25, for such payments, $35,661,000.
19,298Section 298. 49.175 (1) (y) of the statutes is repealed. 19,301Section 301. 49.175 (1) (zh) of the statutes is amended to read: 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $63,600,000 in fiscal year 2021-22 and $66,600,000 in fiscal year 2022-23. In fiscal year 2023-24, for such purposes, $61,725,000. In fiscal year 2024-25, for such purposes, $65,002,000.
19,302Section 302. 49.45 (3m) (a) (intro.) of the statutes is amended to read: 49.45 (3m) (a) (intro.) Subject to par. (d) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that serve a disproportionate share of low-income patients an amount equal to the sum of $71,600,000, as the state share of payments, $47,500,000 and the matching federal share of payments. The department may make a payment to a hospital under this subsection under the calculation method described in par. (b) if the hospital meets all of the following criteria:
19,303Section 303. 49.45 (3p) (a) of the statutes is amended to read: 49.45 (3p) (a) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay an amount equal to the sum of $4,500,000, as the state share of payments, and the matching federal share of payments, to hospitals that are not eligible for payments under sub. (3m) but that meet the criteria under sub. (3m) (a) 1. and 2. and that, in the most recent year for which information is available, charged at least 6 percent of overall charges for services to the Medical Assistance program for services provided to Medical Assistance recipients an amount equal to the sum of $2,250,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under a calculation method determined by the department that provides a fee-for-service supplemental payment that increases as the percentage of the total amount of the hospital’s overall charges for services that are charges to the Medical Assistance program increases.
19,304Section 304. 49.45 (6m) (br) 1. of the statutes is amended to read: 49.45 (6m) (br) 1. Notwithstanding s. 20.435 (7) (b) or 20.437 (1) (cj) or (q) or (2) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (1) (cj) or (2) (dz), in accordance with s. 16.544 to the extent applicable.
19,305Section 305. 49.45 (7) (a) of the statutes is amended to read: 49.45 (7) (a) A Before July 1, 2024, a recipient who is a patient in a public medical institution or an accommodated person and has a monthly income exceeding the payment rates established under 42 USC 1382 (e) may retain $45 unearned income or the amount of any pension paid under 38 USC 5503 (d), whichever is greater, per month for personal needs. Beginning on July 1, 2024, the maximum amount of unearned income a recipient may retain per month under this paragraph is $55. Except as provided in s. 49.455 (4) (a), the recipient shall apply income in excess of $45 or the amount of any pension paid under 38 USC 5503 (d) or $55, whichever is greater, less any amount deducted under rules promulgated by the department, toward the cost of care in the facility.
19,306Section 306. 49.45 (29r) of the statutes is repealed. 19,307Section 307. 49.45 (29u) of the statutes is repealed. Section 308. 49.46 (2) (f) of the statutes is renumbered 49.46 (2) (f) (intro.) and amended to read: 49.46 (2) (f) (intro.) Benefits under this subsection may not include payment for gastric any of the following: 1. Gastric bypass surgery or gastric stapling surgery unless it is performed because of a medical emergency.
19,309Section 309. 49.46 (2) (f) 2. of the statutes is created to read: 49.46 (2) (f) 2. To the extent permitted by federal law, either of the following:
