SB70-AA1,433
9Section
433. 48.366 (1) (a) of the statutes is amended to read:
SB70-AA1,222,1510
48.366
(1) (a) The person is placed in a foster home, group home, or residential
11care center for children and youth, in the home of a relative other than a parent,
in
12the home of like-kin, or in a supervised independent living arrangement under an
13order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4)
14(b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the
15person attains 18 years of age.
SB70-AA1,434
16Section
434. 48.371 (1) (intro.) of the statutes is amended to read:
SB70-AA1,222,2517
48.371
(1) (intro.) If a child is placed in a foster home, group home, or
18residential care center for children and youth or in the home of a relative other than
19a parent
or in the home of like-kin, including a placement under s. 48.205 or 48.21,
20the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the
21placement of the child shall provide the following information to the foster parent,
22relative,
like-kin, or operator of the group home or residential care center for
23children and youth at the time of placement or, if the information has not been
24provided to the agency by that time, as soon as possible after the date on which the
25agency receives that information, but not more than 2 working days after that date:
SB70-AA1,435
1Section
435. 48.371 (1) (a) of the statutes is amended to read:
SB70-AA1,223,72
48.371
(1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child,
3as provided under s. 252.15 (3m) (d) 15., including results included in a court report
4or permanency plan. At the time that the HIV test results are provided, the agency
5shall notify the foster parent, relative,
like-kin, or operator of the group home or
6residential care center for children and youth of the confidentiality requirements
7under s. 252.15 (6).
SB70-AA1,436
8Section
436. 48.371 (3) (intro.) of the statutes is amended to read:
SB70-AA1,223,219
48.371
(3) (intro.) At the time of placement of a child in a foster home, group
10home, or residential care center for children and youth or in the home of a relative
11other than a parent
or in the home of like-kin or, if the information is not available
12at that time, as soon as possible after the date on which the court report or
13permanency plan has been submitted, but no later than 7 days after that date, the
14agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency
15plan shall provide to the foster parent, relative,
like-kin, or operator of the group
16home or residential care center for children and youth information contained in the
17court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837
18(4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5)
19(c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or
20agency that prepared the court report or permanency plan relating to any of the
21following:
SB70-AA1,437
22Section
437. 48.371 (3) (d) of the statutes is amended to read:
SB70-AA1,224,623
48.371
(3) (d) Any involvement of the child, whether as victim or perpetrator,
24in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or
25948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s.
1940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation
2of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view
3or listen to sexual activity in violation of s. 948.055, if the information is necessary
4for the care of the child or for the protection of any person living in the foster home,
5group home, or residential care center for children and youth or in the home of the
6relative
or like-kin.
SB70-AA1,438
7Section
438. 48.371 (5) of the statutes is amended to read:
SB70-AA1,224,138
48.371
(5) Except as permitted under s. 252.15 (6), a foster parent, relative,
9like-kin, or operator of a group home or residential care center for children and youth
10that receives any information under sub. (1) or (3), other than the information
11described in sub. (3) (e), shall keep the information confidential and may disclose that
12information only for the purposes of providing care for the child or participating in
13a court hearing or permanency review concerning the child.
SB70-AA1,439
14Section
439. 48.38 (2) (intro.) of the statutes is amended to read:
SB70-AA1,224,2415
48.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
16for each child living in a foster home, group home, residential care center for children
17and youth, juvenile detention facility, shelter care facility, qualifying residential
18family-based treatment facility with a parent, or supervised independent living
19arrangement, the agency that placed the child or arranged the placement or the
20agency assigned primary responsibility for providing services to the child under s.
2148.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
22conditions exists, and, for each child living in the home of a guardian
or, a relative
23other than a parent,
or like-kin, that agency shall prepare a written permanency
24plan, if any of the conditions specified in pars. (a) to (e) exists:
SB70-AA1,440
25Section
440. 48.38 (3m) (a) of the statutes is amended to read:
SB70-AA1,225,4
148.38
(3m) (a)
All appropriate biological family members, relatives, and
2like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c)
3(b), in this paragraph, “like-kin” may include a person who is or previously was the
4child's licensed foster parent.
SB70-AA1,441
5Section
441. 48.38 (4) (f) (intro.) of the statutes is amended to read:
SB70-AA1,225,106
48.38
(4) (f) (intro.) A description of the services that will be provided to the
7child, the child's family, and the child's foster parent, the operator of the facility
8where the child is living, or the relative
or like-kin with whom the child is living to
9carry out the dispositional order, including services planned to accomplish all of the
10following:
SB70-AA1,442
11Section
442. 48.38 (4m) (b) of the statutes is amended to read:
SB70-AA1,225,1812
48.38
(4m) (b) At least 10 days before the date of the hearing the court shall
13notify the child; any parent, guardian, and legal custodian of the child; any foster
14parent, or other physical custodian described in s. 48.62 (2) of the child, the operator
15of the facility in which the child is living, or the relative
or like-kin with whom the
16child is living; and, if the child is an Indian child, the Indian child's Indian custodian
17and tribe of the time, place, and purpose of the hearing, of the issues to be determined
18at the hearing, and of the fact that they shall have a right to be heard at the hearing.
SB70-AA1,443
19Section
443. 48.38 (4m) (d) of the statutes is amended to read:
SB70-AA1,226,320
48.38
(4m) (d) The court shall give a foster parent, other physical custodian
21described in s. 48.62 (2), operator of a facility,
or relative
, or like-kin who is notified
22of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
23parent, other physical custodian, operator,
or relative
, or like-kin to make a written
24or oral statement during the hearing, or to submit a written statement prior to the
25hearing, relevant to the issues to be determined at the hearing. The foster parent,
1other physical custodian, operator of a facility,
or relative
, or like-kin does not
2become a party to the proceeding on which the hearing is held solely on the basis of
3receiving that notice and right to be heard.
SB70-AA1,444
4Section
444. 48.38 (5) (b) of the statutes is amended to read:
SB70-AA1,226,205
48.38
(5) (b) The court or the agency shall notify the child; the child's parent,
6guardian, and legal custodian; the child's foster parent, the operator of the facility
7in which the child is living, or the relative
or like-kin with whom the child is living;
8and, if the child is an Indian child who is placed outside the home of his or her parent
9or Indian custodian, the Indian child's Indian custodian and tribe of the time, place,
10and purpose of the review, of the issues to be determined as part of the review, and
11of the fact that they shall have a right to be heard at the review as provided in par.
12(bm) 1. The court or agency shall notify the person representing the interests of the
13public, the child's counsel, the child's guardian ad litem, the child's court-appointed
14special advocate, and the child's school of the time, place, and purpose of the review,
15of the issues to be determined as part of the review, and of the fact that they may have
16an opportunity to be heard at the review as provided in par. (bm) 1. The notices under
17this paragraph shall be provided in writing not less than 30 days before the review
18and copies of the notices shall be filed in the child's case record. The notice to the
19child's school shall also include the name and contact information for the caseworker
20or social worker assigned to the child's case.
SB70-AA1,445
21Section
445. 48.38 (5) (bm) 1. of the statutes is amended to read:
SB70-AA1,227,922
48.38
(5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
23operator of a facility,
or relative
, or like-kin who is provided notice of the review
24under par. (b) shall have a right to be heard at the review by submitting written
25comments relevant to the determinations specified in par. (c) not less than 10
1working days before the date of the review or by participating at the review. A person
2representing the interests of the public, counsel, guardian ad litem, court-appointed
3special advocate, or school who is provided notice of the review under par. (b) may
4have an opportunity to be heard at the review by submitting written comments
5relevant to the determinations specified in par. (c) not less than 10 working days
6before the date of the review. A foster parent, operator of a facility,
or relative
, or
7like-kin who receives notice of a review under par. (b) and a right to be heard under
8this subdivision does not become a party to the proceeding on which the review is held
9solely on the basis of receiving that notice and right to be heard.
SB70-AA1,446
10Section
446. 48.38 (5) (e) of the statutes is amended to read:
SB70-AA1,227,1811
48.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
12the determinations under par. (c) and shall provide a copy to the court that entered
13the order; the child or the child's counsel or guardian ad litem; the person
14representing the interests of the public; the child's parent, guardian, or legal
15custodian; the child's court-appointed special advocate; the child's foster parent, the
16operator of the facility where the child is living, or the relative
or like-kin with whom
17the child is living; and, if the child is an Indian child who is placed outside the home
18of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
SB70-AA1,447
19Section
447. 48.38 (5m) (b) of the statutes is amended to read:
SB70-AA1,228,1020
48.38
(5m) (b) The court shall notify the child; the child's parent, guardian, and
21legal custodian; and the child's foster parent, the operator of the facility in which the
22child is living, or the relative
or like-kin with whom the child is living of the time,
23place, and purpose of the hearing, of the issues to be determined at the hearing, and
24of the fact that they shall have a right to be heard at the hearing as provided in par.
25(c) 1. The court shall notify the child's counsel, the child's guardian ad litem, and the
1child's court-appointed special advocate; the agency that prepared the permanency
2plan; the child's school; the person representing the interests of the public; and, if the
3child is an Indian child who is placed outside the home of his or her parent or Indian
4custodian, the Indian child's Indian custodian and tribe of the time, place, and
5purpose of the hearing, of the issues to be determined at the hearing, and of the fact
6that they may have an opportunity to be heard at the hearing as provided in par. (c)
71. The notices under this paragraph shall be provided in writing not less than 30
8days before the hearing. The notice to the child's school shall also include the name
9and contact information for the caseworker or social worker assigned to the child's
10case.
SB70-AA1,448
11Section
448. 48.38 (5m) (c) 1. of the statutes is amended to read:
SB70-AA1,228,2512
48.38
(5m) (c) 1. A child, parent, guardian, legal custodian, foster parent,
13operator of a facility,
or relative
, or like-kin who is provided notice of the hearing
14under par. (b) shall have a right to be heard at the hearing by submitting written
15comments relevant to the determinations specified in sub. (5) (c) not less than 10
16working days before the date of the hearing or by participating at the hearing. A
17counsel, guardian ad litem, court-appointed special advocate, agency, school, or
18person representing the interests of the public who is provided notice of the hearing
19under par. (b) may have an opportunity to be heard at the hearing by submitting
20written comments relevant to the determinations specified in sub. (5) (c) not less
21than 10 working days before the date of the hearing or by participating at the
22hearing. A foster parent, operator of a facility,
or relative
, or like-kin who receives
23notice of a hearing under par. (b) and a right to be heard under this subdivision does
24not become a party to the proceeding on which the hearing is held solely on the basis
25of receiving that notice and right to be heard.
SB70-AA1,449
1Section
449. 48.38 (5m) (e) of the statutes is amended to read:
SB70-AA1,229,182
48.38
(5m) (e) After the hearing, the court shall make written findings of fact
3and conclusions of law relating to the determinations under sub. (5) (c) and shall
4provide a copy of those findings of fact and conclusions of law to the child; the child's
5parent, guardian, and legal custodian; the child's foster parent, the operator of the
6facility in which the child is living, or the relative
or like-kin with whom the child
7is living; the child's court-appointed special advocate; the agency that prepared the
8permanency plan; the person representing the interests of the public; and, if the child
9is an Indian child who is placed outside the home of his or her parent or Indian
10custodian, the Indian child's Indian custodian and tribe. The court shall make the
11findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances
12specific to the child and shall document or reference the specific information on
13which those findings are based in the findings of fact and conclusions of law prepared
14under this paragraph. Findings of fact and conclusions of law that merely reference
15sub. (5) (c) 7. without documenting or referencing that specific information in the
16findings of fact and conclusions of law or amended findings of fact and conclusions
17of law that retroactively correct earlier findings of fact and conclusions of law that
18do not comply with this paragraph are not sufficient to comply with this paragraph.
SB70-AA1,450
19Section
450. 48.385 (intro.) of the statutes is amended to read:
SB70-AA1,230,5
2048.385 Plan for transition to independent living. (intro.) During the 90
21days immediately before a child who is placed in a foster home, group home, or
22residential care center for children and youth, in the home of a relative other than
23a parent,
in the home of like-kin, or in a supervised independent living arrangement
24attains 18 years of age or, if the child is placed in such a placement under an order
25under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the
1child attains 18 years of age or under a voluntary transition-to-independent-living
2agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child
3attains 18 years of age, during the 90 days immediately before the termination of the
4order or agreement, the agency primarily responsible for providing services to the
5child under the order or agreement shall do all of the following:
SB70-AA1,451
6Section
451. 48.40 (1m) of the statutes is amended to read:
SB70-AA1,230,87
48.40
(1m) “Kinship care
relative”
provider" means a person receiving
8payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.
SB70-AA1,452
9Section
452. 48.427 (3m) (a) 5. of the statutes is amended to read:
SB70-AA1,230,1310
48.427
(3m) (a) 5. A relative with whom the child resides, if the relative has
11filed a petition to adopt the child or if the relative is a kinship care
relative provider 12or is receiving payments under s. 48.62 (4) for providing care and maintenance for
13the child.
SB70-AA1,453
14Section
453. 48.43 (5) (b) 1. of the statutes is amended to read:
SB70-AA1,230,2015
48.43
(5) (b) 1. The court shall hold a hearing to review the permanency plan
16within 30 days after receiving a report under par. (a). At least 10 days before the date
17of the hearing, the court shall provide notice of the time, place, and purpose of the
18hearing to the agency that prepared the report, the child's guardian, the child, and
19the child's foster parent, the operator of the facility in which the child is living, or the
20relative
or like-kin with whom the child is living.
SB70-AA1,454
21Section
454. 48.43 (5) (b) 3. of the statutes is amended to read:
SB70-AA1,231,422
48.43
(5) (b) 3. The court shall give a foster parent, operator of a facility, or
23relative
or like-kin who is notified of a hearing under subd. 1. a right to be heard at
24the hearing by permitting the foster parent, operator, or relative
or like-kin to make
25a written or oral statement during the hearing, or to submit a written statement
1prior to the hearing, relevant to the issues to be determined at the hearing. The foster
2parent, operator of a facility, or relative
or like-kin does not become a party to the
3proceeding on which the hearing is held solely on the basis of receiving that notice
4and right to be heard.
SB70-AA1,455
5Section
455. 48.43 (5m) of the statutes is amended to read:
SB70-AA1,231,116
48.43
(5m) Either the court or the agency that prepared the permanency plan
7shall furnish a copy of the original plan and each revised plan to the child, if he or
8she is 12 years of age or over, to the child's guardian, to the child's foster parent, the
9operator of the facility in which the child is living, or the relative
or like-kin with
10whom the child is living, and, if the order under sub. (1) involuntarily terminated
11parental rights to an Indian child, to the Indian child's tribe.
SB70-AA1,456
12Section
456. 48.57 (3m) (a) 1. b. of the statutes is amended to read:
SB70-AA1,231,2013
48.57
(3m) (a) 1. b. The person is under 21 years of age, the person is a full-time
14student in good academic standing at a secondary school or its vocational or technical
15equivalent, an individualized education program under s. 115.787 is in effect for the
16person, and the person is placed in the home of the kinship care
relative provider 17under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
18terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
19of age or under a voluntary transition-to-independent-living agreement under s.
2048.366 (3) or 938.366 (3).
SB70-AA1,457
21Section
457. 48.57 (3m) (a) 2. of the statutes is amended to read:
SB70-AA1,231,2322
48.57
(3m) (a) 2. “Kinship care
relative”
provider" means a relative other than
23a parent
, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.
SB70-AA1,458
24Section
458. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
SB70-AA1,232,8
148.57
(3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
2(me), and (s), the department shall reimburse counties having populations of less
3than 750,000 for payments made under this subsection and shall make payments
4under this subsection in a county having a population of 750,000 or more. Subject
5to par. (ap), a county department and, in a county having a population of 750,000 or
6more, the department shall make payments in the amount of $300 per month
7beginning on January 1, 2022, to a kinship care
relative provider who is providing
8care and maintenance for a child if all of the following conditions are met:
SB70-AA1,43q
9Section 43q. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
SB70-AA1,232,2110
48.57
(3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
11(me), and (s), the department shall reimburse counties having populations of less
12than 750,000 for payments made under this subsection and shall make payments
13under this subsection in a county having a population of 750,000 or more. Subject
14to par. (ap),
and if all of the following conditions are met, beginning on January 1,
152024, a county department and, in a county having a population of 750,000 or more,
16the department shall make
monthly payments
to a kinship care provider who is
17providing care and maintenance for a child in the amount of
$300 per month
18beginning on January 1, 2022, to a kinship care relative who is providing care and
19maintenance for a child if all of the following conditions are met
$441 for a child
20under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14
21years of age; and $572 for a child 15 years of age or over:
SB70-AA1,459
22Section
459. 48.57 (3m) (am) 1. of the statutes is amended to read:
SB70-AA1,233,223
48.57
(3m) (am) 1. The kinship care
relative provider applies to the county
24department or department for payments under this subsection and, if the child is
25placed in the home of the kinship care
relative
provider under a court order, other
1than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a
2foster home.
SB70-AA1,460
3Section
460. 48.57 (3m) (am) 1m. of the statutes is amended to read:
SB70-AA1,233,74
48.57
(3m) (am) 1m. The county department or department determines that
5there is a need for the child to be placed with the kinship care
relative provider and
6that the placement with the kinship care
relative
provider is in the best interests of
7the child.
SB70-AA1,461
8Section
461. 48.57 (3m) (am) 4. of the statutes is amended to read:
SB70-AA1,233,169
48.57
(3m) (am) 4. The county department or department conducts a
10background investigation under sub. (3p) of the kinship care
relative provider, any
11employee and prospective employee of the kinship care
relative provider who has or
12would have regular contact with the child for whom the payments would be made and
13any other adult resident of the kinship care
relative's provider's home to determine
14if the kinship care
relative provider, employee, prospective employee or adult
15resident has any arrests or convictions that could adversely affect the child or the
16kinship care
relative's provider's ability to care for the child.
SB70-AA1,462
17Section
462. 48.57 (3m) (am) 4m. of the statutes is amended to read:
SB70-AA1,233,2418
48.57
(3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care
relative 19provider states that he or she does not have any arrests or convictions that could
20adversely affect the child or the kinship care
relative's provider's ability to care for
21the child and that no adult resident, as defined in sub. (3p) (a), and no employee or
22prospective employee of the kinship care
relative
provider who would have regular
23contact with the child has any arrests or convictions that could adversely affect the
24child or the kinship care
relative's provider's ability to care for the child.
SB70-AA1,463
25Section
463. 48.57 (3m) (am) 5. of the statutes is amended to read:
SB70-AA1,234,3
148.57
(3m) (am) 5. The kinship care
relative provider cooperates with the
2county department or department in the application process, including applying for
3other forms of assistance for which the child may be eligible.
SB70-AA1,464
4Section
464. 48.57 (3m) (am) 5m. of the statutes is amended to read:
SB70-AA1,234,65
48.57
(3m) (am) 5m. The kinship care
relative provider is not receiving
6payments under sub. (3n) with respect to the child.
SB70-AA1,465
7Section
465. 48.57 (3m) (am) 6. of the statutes is amended to read:
SB70-AA1,234,108
48.57
(3m) (am) 6. The child for whom the kinship care
relative provider is
9providing care and maintenance is not receiving supplemental security income
10under
42 USC 1381 to
1383c or state supplemental payments under s. 49.77.
SB70-AA1,466
11Section
466. 48.57 (3m) (an) of the statutes is created to read:
SB70-AA1,234,1912
48.57
(3m) (an) In addition to the monthly payments
for kinship care under
13par. (am), the department or, with the department's approval, the county department
14may make payments for exceptional circumstances to enable siblings or a minor
15parent and minor children to reside together and for initial clothing allowances to
16a kinship care provider who is providing care and maintenance for a child residing
17in the home of the kinship care provider who is receiving a monthly rate under par.
18(am), commensurate with the needs of the child, according to the rules promulgated
19by the department under par. (i) 3.
SB70-AA1,467
20Section
467. 48.57 (3m) (ar) and (at) of the statutes are created to read:
SB70-AA1,234,2521
48.57
(3m) (ar) In addition to the monthly payments
for kinship care under par.
22(ap), the department or, with the department's approval, the county department may
23make emergency payments for kinship care to a kinship care provider who is
24providing care and maintenance for a child residing in the home of the kinship care
25provider under a court order if any of the following conditions are met:
SB70-AA1,235,3
11. The governor has declared a state of emergency pursuant to s. 323.10, or the
2federal government has declared a major disaster under
42 USC 68, that covers the
3locality of the home of the kinship care provider.
SB70-AA1,235,64
2. This state has received federal funding to be used for child welfare purposes
5due to an emergency or disaster declared for the locality of the home of the kinship
6care provider.
SB70-AA1,235,107
3. The department has determined that conditions in this state or in the locality
8of the home of the kinship care provider have resulted in a temporary increase in the
9costs borne by kinship care providers. Those conditions may include any of the
10following:
SB70-AA1,235,1111
a. A pandemic or other public health threat.
SB70-AA1,235,1212
b. A natural disaster.
SB70-AA1,235,1313
c. Unplanned school closures of 5 consecutive days or more.
SB70-AA1,235,1514
(at) The department shall determine the amount of emergency payments under
15par. (ar) based on available funding.
SB70-AA1,468
16Section
468. 48.57 (3m) (ap) 1. of the statutes is amended to read:
SB70-AA1,236,217
48.57
(3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
18county having a population of 750,000 or more, the department may make payments
19under par. (am) to a kinship care
relative provider who is providing care and
20maintenance for a child who is placed in the home of the kinship care
relative 21provider under a court order for no more than 60 days after the date on which the
22county department or department received under par. (am) 1. the completed
23application of the kinship care
relative provider for a license to operate a foster home
24or, if the application is approved or denied or the kinship care
relative provider is
25otherwise determined to be ineligible for licensure within those 60 days, until the
1date on which the application is approved or denied or the kinship care
relative 2provider is otherwise determined to be ineligible for licensure.
SB70-AA1,469
3Section
469. 48.57 (3m) (ap) 2. of the statutes is amended to read:
SB70-AA1,236,144
48.57
(3m) (ap) 2. If the application specified in subd. 1. is not approved or
5denied or the kinship care
relative provider is not otherwise determined to be
6ineligible for licensure within 60 days after the date on which the county department
7or department received the completed application for any reason other than an act
8or omission of the kinship care
relative provider, the county department or
9department may make payments under par. (am) for 4 months after the date on
10which the county department or department received the completed application or,
11if the application is approved or denied or the kinship care
relative provider is
12otherwise determined to be ineligible for licensure within those 4 months, until the
13date on which the application is approved or denied or the kinship care
relative 14provider is otherwise determined to be ineligible for licensure.
SB70-AA1,470
15Section
470. 48.57 (3m) (ap) 3. of the statutes is amended to read:
SB70-AA1,237,716
48.57
(3m) (ap) 3. Notwithstanding that an application of a kinship care
17relative provider specified in subd. 1. is denied or the kinship care
relative
provider 18is otherwise determined to be ineligible for licensure, the county department or, in
19a county having a population of 750,000 or more, the department may make
20payments under par. (am) to the kinship care
relative provider for as long as the
21conditions specified in par. (am) 1. to 6. continue to apply if the county department
22or department submits to the court information relating to the background
23investigation specified in par. (am) 4., an assessment of the safety of the kinship care
24relative's provider's home and the ability of the kinship care
relative provider to care
25for the child, and a recommendation that the child remain in the home of the kinship
1care
relative provider and the court, after considering that information, assessment,
2and recommendation, orders the child to remain in the kinship care
relative's 3provider's home. If the court does not order the child to remain in the kinship care
4relative's provider's home, the court shall order the county department or
5department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1)
6(am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request
7a change in placement.
SB70-AA1,471
8Section
471. 48.57 (3m) (as) of the statutes is created to read:
SB70-AA1,237,139
48.57
(3m) (as) From the appropriation under s. 20.437 (1) (es), a county
10department and, in a county having a population of 750,000 or more, the department
11may provide flexible support, in the form of additional payments or services, to a
12kinship care provider who qualifies under rules promulgated by the department
13under par. (i) 3.
SB70-AA1,472
14Section
472. 48.57 (3m) (b) 2. of the statutes is amended to read:
SB70-AA1,237,2415
48.57
(3m) (b) 2. When any kinship care
relative provider of a child applies for
16or receives payments under this subsection, any right of the child or the child's parent
17to support or maintenance from any other person accruing during the time that
18payments are made under this subsection is assigned to the state. If a child who is
19the beneficiary of a payment under this subsection is also the beneficiary of support
20under a judgment or order that includes support for one or more children who are not
21the beneficiaries of payments under this subsection, any support payment made
22under the judgment or order is assigned to the state in the amount that is the
23proportionate share of the child who is the beneficiary of the payment made under
24this subsection, except as otherwise ordered by the court on the motion of a party.