Amendment AA1-SB70

SB70-AA1,224,24 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, qualifying residential family-based treatment facility with a parent, or supervised independent living arrangement, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each child living in the home of a guardian or, a relative other than a parent, or like-kin, that agency shall prepare a written permanency plan, if any of the conditions specified in pars. (a) to (e) exists:

SB70-AA1,440 Section 440. 48.38 (3m) (a) of the statutes is amended to read:

SB70-AA1,225,4 48.38 (3m) (a) All appropriate biological family members, relatives, and like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c) (b), in this paragraph, “like-kin” may include a person who is or previously was the child's licensed foster parent.

SB70-AA1,441 Section 441. 48.38 (4) (f) (intro.) of the statutes is amended to read:

SB70-AA1,225,10 48.38 (4) (f) (intro.) A description of the services that will be provided to the child, the child's family, and the child's foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB70-AA1,442 Section 442. 48.38 (4m) (b) of the statutes is amended to read:

SB70-AA1,225,18 48.38 (4m) (b) At least 10 days before the date of the hearing the court shall notify the child; any parent, guardian, and legal custodian of the child; any foster parent, or other physical custodian described in s. 48.62 (2) of the child, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

SB70-AA1,443 Section 443. 48.38 (4m) (d) of the statutes is amended to read:

SB70-AA1,226,3 48.38 (4m) (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative, or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative, or like-kin does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB70-AA1,444 Section 444. 48.38 (5) (b) of the statutes is amended to read:

SB70-AA1,226,20 48.38 (5) (b) The court or the agency shall notify the child; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, the child's court-appointed special advocate, and the child's school of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record. The notice to the child's school shall also include the name and contact information for the caseworker or social worker assigned to the child's case.

SB70-AA1,445 Section 445. 48.38 (5) (bm) 1. of the statutes is amended to read:

SB70-AA1,227,9 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, court-appointed special advocate, or school who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

SB70-AA1,446 Section 446. 48.38 (5) (e) of the statutes is amended to read:

SB70-AA1,227,18 48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the child or the child's counsel or guardian ad litem; the person representing the interests of the public; the child's parent, guardian, or legal custodian; the child's court-appointed special advocate; the child's foster parent, the operator of the facility where the child is living, or the relative or like-kin with whom the child is living; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.

SB70-AA1,447 Section 447. 48.38 (5m) (b) of the statutes is amended to read:

SB70-AA1,228,10 48.38 (5m) (b) The court shall notify the child; the child's parent, guardian, and legal custodian; and the child's foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. The court shall notify the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate; the agency that prepared the permanency plan; the child's school; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the hearing. The notice to the child's school shall also include the name and contact information for the caseworker or social worker assigned to the child's case.

SB70-AA1,448 Section 448. 48.38 (5m) (c) 1. of the statutes is amended to read:

SB70-AA1,228,25 48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the hearing under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, court-appointed special advocate, agency, school, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a hearing under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB70-AA1,449 Section 449. 48.38 (5m) (e) of the statutes is amended to read:

SB70-AA1,229,18 48.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the child; the child's parent, guardian, and legal custodian; the child's foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living; the child's court-appointed special advocate; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the child is an Indian child who is placed outside the home of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

SB70-AA1,450 Section 450. 48.385 (intro.) of the statutes is amended to read:

SB70-AA1,230,5 48.385 Plan for transition to independent living. (intro.) During the 90 days immediately before a child who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the child attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the child under the order or agreement shall do all of the following:

SB70-AA1,451 Section 451. 48.40 (1m) of the statutes is amended to read:

SB70-AA1,230,8 48.40 (1m) “Kinship care relative” provider" means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.

SB70-AA1,452 Section 452. 48.427 (3m) (a) 5. of the statutes is amended to read:

SB70-AA1,230,13 48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative provider or is receiving payments under s. 48.62 (4) for providing care and maintenance for the child.

SB70-AA1,453 Section 453. 48.43 (5) (b) 1. of the statutes is amended to read:

SB70-AA1,230,20 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, place, and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, and the child's foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living.

SB70-AA1,454 Section 454. 48.43 (5) (b) 3. of the statutes is amended to read:

SB70-AA1,231,4 48.43 (5) (b) 3. The court shall give a foster parent, operator of a facility, or relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent, operator, or relative or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, operator of a facility, or relative or like-kin does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB70-AA1,455 Section 455. 48.43 (5m) of the statutes is amended to read:

SB70-AA1,231,11 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child's guardian, to the child's foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child's tribe.

SB70-AA1,456 Section 456. 48.57 (3m) (a) 1. b. of the statutes is amended to read:

SB70-AA1,231,20 48.57 (3m) (a) 1. 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 kinship care relative provider 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).

SB70-AA1,457 Section 457. 48.57 (3m) (a) 2. of the statutes is amended to read:

SB70-AA1,231,23 48.57 (3m) (a) 2. “Kinship care relative” provider" means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.

SB70-AA1,458 Section 458. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

SB70-AA1,232,8 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 beginning on January 1, 2022, to a kinship care relative provider who is providing care and maintenance for a child if all of the following conditions are met:

SB70-AA1,43q Section 43q. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

SB70-AA1,232,21 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), and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a kinship care provider who is providing care and maintenance for a child in the amount of $300 per month beginning on January 1, 2022, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:

SB70-AA1,459 Section 459. 48.57 (3m) (am) 1. of the statutes is amended to read:

SB70-AA1,233,2 48.57 (3m) (am) 1. The kinship care relative provider applies to the county department or department for payments under this subsection and, if the child is placed in the home of the kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a foster home.

SB70-AA1,460 Section 460. 48.57 (3m) (am) 1m. of the statutes is amended to read:

SB70-AA1,233,7 48.57 (3m) (am) 1m. The county department or department determines that there is a need for the child to be placed with the kinship care relative provider and that the placement with the kinship care relative provider is in the best interests of the child.

SB70-AA1,461 Section 461. 48.57 (3m) (am) 4. of the statutes is amended to read:

SB70-AA1,233,16 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative provider, any employee and prospective employee of the kinship care relative provider who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's provider's home to determine if the kinship care relative provider, employee, prospective employee or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's provider's ability to care for the child.

SB70-AA1,462 Section 462. 48.57 (3m) (am) 4m. of the statutes is amended to read:

SB70-AA1,233,24 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative's provider's ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the kinship care relative provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative's provider's ability to care for the child.

SB70-AA1,463 Section 463. 48.57 (3m) (am) 5. of the statutes is amended to read:

SB70-AA1,234,3 48.57 (3m) (am) 5. The kinship care relative provider 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.

SB70-AA1,464 Section 464. 48.57 (3m) (am) 5m. of the statutes is amended to read:

SB70-AA1,234,6 48.57 (3m) (am) 5m. The kinship care relative provider is not receiving payments under sub. (3n) with respect to the child.

SB70-AA1,465 Section 465. 48.57 (3m) (am) 6. of the statutes is amended to read:

SB70-AA1,234,10 48.57 (3m) (am) 6. The child for whom the kinship care relative provider 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.

SB70-AA1,466 Section 466. 48.57 (3m) (an) of the statutes is created to read:

SB70-AA1,234,19 48.57 (3m) (an) In addition to the monthly payments for kinship care under par. (am), the department or, with the department's approval, the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 3.

SB70-AA1,467 Section 467. 48.57 (3m) (ar) and (at) of the statutes are created to read:

SB70-AA1,234,25 48.57 (3m) (ar) In addition to the monthly payments for kinship care under par. (ap), the department or, with the department's approval, the county department may make emergency payments for kinship care to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider under a court order if any of the following conditions are met:

SB70-AA1,235,3 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the home of the kinship care provider.

SB70-AA1,235,6 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home of the kinship care provider.

SB70-AA1,235,10 3. The department has determined that conditions in this state or in the locality of the home of the kinship care provider have resulted in a temporary increase in the costs borne by kinship care providers. Those conditions may include any of the following:

SB70-AA1,235,11 a. A pandemic or other public health threat.

SB70-AA1,235,12 b. A natural disaster.

SB70-AA1,235,13 c. Unplanned school closures of 5 consecutive days or more.

SB70-AA1,235,15 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

SB70-AA1,468 Section 468. 48.57 (3m) (ap) 1. of the statutes is amended to read:

SB70-AA1,236,2 48.57 (3m) (ap) 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 kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the kinship care relative provider under a court order 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 kinship care relative provider for a license to operate a foster home or, if the application is approved or denied or the kinship care relative provider 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 kinship care relative provider is otherwise determined to be ineligible for licensure.

SB70-AA1,469 Section 469. 48.57 (3m) (ap) 2. of the statutes is amended to read:

SB70-AA1,236,14 48.57 (3m) (ap) 2. If the application specified in subd. 1. is not approved or denied or the kinship care relative provider 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 kinship care relative provider, 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 kinship care relative provider 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 kinship care relative provider is otherwise determined to be ineligible for licensure.

SB70-AA1,470 Section 470. 48.57 (3m) (ap) 3. of the statutes is amended to read:

SB70-AA1,237,7 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care relative provider specified in subd. 1. is denied or the kinship care relative provider 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 kinship care relative provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply 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 kinship care relative's provider's home and the ability of the kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's provider's home. If the court does not order the child to remain in the kinship care relative's provider'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). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement.

SB70-AA1,471 Section 471. 48.57 (3m) (as) of the statutes is created to read:

SB70-AA1,237,13 48.57 (3m) (as) From the appropriation under s. 20.437 (1) (es), a county department and, in a county having a population of 750,000 or more, the department may provide flexible support, in the form of additional payments or services, to a kinship care provider who qualifies under rules promulgated by the department under par. (i) 3.

SB70-AA1,472 Section 472. 48.57 (3m) (b) 2. of the statutes is amended to read:

SB70-AA1,237,24 48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

SB70-AA1,473 Section 473. 48.57 (3m) (cm) of the statutes is amended to read:

SB70-AA1,238,3 48.57 (3m) (cm) A kinship care relative provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.

SB70-AA1,474 Section 474. 48.57 (3m) (h) of the statutes is amended to read:

SB70-AA1,238,12 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the kinship care relative's provider's monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department 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.

SB70-AA1,475 Section 475. 48.57 (3m) (i) 1. of the statutes is amended to read:

SB70-AA1,238,19 48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether a kinship care relative provider who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

SB70-AA1,476 Section 476. 48.57 (3m) (i) 3. of the statutes is created to read:

SB70-AA1,238,23 48.57 (3m) (i) 3. Rules governing the provision of flexible support under par. (as). Rules promulgated under this subdivision may specify qualifying costs and services and eligibility criteria.

SB70-AA1,477 Section 477. 48.57 (3m) (i) 4. of the statutes is created to read:

SB70-AA1,239,4 48.57 (3m) (i) 4. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for a child residing in the home of a kinship care provider who is receiving a monthly rate under par. (am).

SB70-AA1,478 Section 478. 48.57 (3m) (j) of the statutes is created to read:

SB70-AA1,239,7 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

SB70-AA1,479 Section 479. 48.57 (3n) (a) 1. b. of the statutes is amended to read: