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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.
SB70-AA1,473 25Section 473. 48.57 (3m) (cm) of the statutes is amended to read:
SB70-AA1,238,3
148.57 (3m) (cm) A kinship care relative provider who receives a payment under
2par. (am) for providing care and maintenance for a child is not eligible to receive a
3payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
SB70-AA1,474 4Section 474. 48.57 (3m) (h) of the statutes is amended to read:
SB70-AA1,238,125 48.57 (3m) (h) A county department or, in a county having a population of
6750,000 or more, the department may recover an overpayment made under par. (am)
7from a kinship care relative provider who continues to receive payments under par.
8(am) by reducing the amount of the kinship care relative's provider's monthly
9payment. The department may by rule specify other methods for recovering
10overpayments made under par. (am). A county department that recovers an
11overpayment under this paragraph due to the efforts of its officers and employees
12may retain a portion of the amount recovered, as provided by the department by rule.
SB70-AA1,475 13Section 475. 48.57 (3m) (i) 1. of the statutes is amended to read:
SB70-AA1,238,1914 48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether
15a kinship care relative provider who is providing care and maintenance for a child
16is eligible to receive payments under par. (am). The rules shall also provide that any
17criteria established under the rules shall first apply to applications for payments
18under par. (am) received, and to reviews under par. (d) conducted, on the effective
19date of those rules.
SB70-AA1,476 20Section 476. 48.57 (3m) (i) 3. of the statutes is created to read:
SB70-AA1,238,2321 48.57 (3m) (i) 3. Rules governing the provision of flexible support under par.
22(as). Rules promulgated under this subdivision may specify qualifying costs and
23services and eligibility criteria.
SB70-AA1,477 24Section 477. 48.57 (3m) (i) 4. of the statutes is created to read:
SB70-AA1,239,4
148.57 (3m) (i) 4. Rules governing the provision of payments for exceptional
2circumstances to enable siblings or a minor parent and minor children to reside
3together and for initial clothing allowances for a child residing in the home of a
4kinship care provider who is receiving a monthly rate under par. (am).
SB70-AA1,478 5Section 478. 48.57 (3m) (j) of the statutes is created to read:
SB70-AA1,239,76 48.57 (3m) (j) The department may promulgate rules governing the provision
7of emergency payments under par. (ar).
SB70-AA1,479 8Section 479. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
SB70-AA1,239,169 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
10student in good academic standing at a secondary school or its vocational or technical
11equivalent, an individualized education program under s. 115.787 is in effect for the
12person, and the person is placed in the home of the long-term kinship care relative
13provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365
14that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains
1518 years of age or under a voluntary transition-to-independent-living agreement
16under s. 48.366 (3) or 938.366 (3).
SB70-AA1,480 17Section 480. 48.57 (3n) (a) 2. of the statutes is amended to read:
SB70-AA1,239,2018 48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative
19other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or
20like-kin
.
SB70-AA1,481 21Section 481. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
SB70-AA1,240,522 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
23(me), and (s), the department shall reimburse counties having populations of less
24than 750,000 for payments made under this subsection and shall make payments
25under this subsection in a county having a population of 750,000 or more. Subject

1to par. (ap), a county department and, in a county having a population of 750,000 or
2more, the department shall make monthly payments for each child in the amount of
3$300 per month beginning on January 1, 2022, to a long-term kinship care relative
4provider who is providing care and maintenance for that child if all of the following
5conditions are met:
SB70-AA1,66q 6Section 66q. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023
7Wisconsin Act .... (this act), is amended to read:
SB70-AA1,240,198 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
9(me), and (s), the department shall reimburse counties having populations of less
10than 750,000 for payments made under this subsection and shall make payments
11under this subsection in a county having a population of 750,000 or more. Subject
12to par. (ap) and if all of the following conditions are met, beginning on January 1,
132024
, a county department and, in a county having a population of 750,000 or more,
14the department shall make monthly payments to a long-term kinship care provider
15who is providing care and maintenance
for each a child in the amount of $300 per
16month beginning on January 1, 2022, to a long-term kinship care provider who is
17providing care and maintenance for that child if all of the following conditions are
18met
$441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548
19for a child 12 to 14 years of age; and $572 for a child 15 years of age or over
:
SB70-AA1,482 20Section 482. 48.57 (3n) (am) 1. of the statutes is amended to read:
SB70-AA1,241,221 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
22county department or department for payments under this subsection, provides
23proof that he or she has been appointed as the guardian of the child, and, if the child
24is placed in the home of the long-term kinship care relative provider under a court

1order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
2county department or department for a license to operate a foster home.
SB70-AA1,483 3Section 483. 48.57 (3n) (am) 2. of the statutes is amended to read:
SB70-AA1,241,74 48.57 (3n) (am) 2. The county department or department inspects the
5long-term kinship care relative's provider's home, interviews the long-term kinship
6care relative provider and determines that long-term placement with the long-term
7kinship care relative provider is in the best interests of the child.
SB70-AA1,484 8Section 484. 48.57 (3n) (am) 4. of the statutes is amended to read:
SB70-AA1,241,179 48.57 (3n) (am) 4. The county department or department conducts a
10background investigation under sub. (3p) of the long-term kinship care relative
11provider, the employees and prospective employees of the long-term kinship care
12relative provider who have or would have regular contact with the child for whom the
13payments would be made and any other adult resident, as defined in sub. (3p) (a),
14of the long-term kinship care relative's provider's home to determine if the
15long-term kinship care relative provider, employee, prospective employee or adult
16resident has any arrests or convictions that are likely to adversely affect the child or
17the long-term kinship care relative's provider's ability to care for the child.
SB70-AA1,485 18Section 485. 48.57 (3n) (am) 4m. of the statutes is amended to read:
SB70-AA1,242,219 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
20kinship care relative provider states that he or she does not have any arrests or
21convictions that could adversely affect the child or the long-term kinship care
22relative's provider's ability to care for the child and that, to the best of the long-term
23kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
24(a), and no employee or prospective employee of the long-term kinship care relative
25provider who would have regular contact with the child has any arrests or

1convictions that could adversely affect the child or the long-term kinship care
2relative's provider's ability to care for the child.
SB70-AA1,486 3Section 486. 48.57 (3n) (am) 5. of the statutes is amended to read:
SB70-AA1,242,64 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
5with the county department or department in the application process, including
6applying for other forms of assistance for which the child may be eligible.
SB70-AA1,487 7Section 487. 48.57 (3n) (am) 5m. of the statutes is amended to read:
SB70-AA1,242,98 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
9receiving payments under sub. (3m) with respect to the child.
SB70-AA1,488 10Section 488. 48.57 (3n) (am) 5r. of the statutes is amended to read:
SB70-AA1,242,1311 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
12provider is providing care and maintenance is not receiving supplemental security
13income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
SB70-AA1,489 14Section 489. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
SB70-AA1,242,2015 48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
16county department or department enter into a written agreement under which the
17long-term kinship care relative provider agrees to provide care and maintenance for
18the child and the county department or department agrees, subject to sub. (3p) (hm),
19to make monthly payments to the long-term kinship care relative provider at the
20rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
SB70-AA1,490 21Section 490. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
SB70-AA1,242,2422 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
23kinship care relative's provider's home under a court order or under a voluntary
24agreement under s. 48.63 (1) (a) or (b) or (5) (b).
SB70-AA1,491 25Section 491. 48.57 (3n) (am) 6. d. of the statutes is amended to read:
SB70-AA1,243,2
148.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
2long-term kinship care relative provider.
SB70-AA1,492 3Section 492. 48.57 (3n) (am) 6. e. of the statutes is amended to read:
SB70-AA1,243,54 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
5provider's
guardianship under s. 48.977 terminates.
SB70-AA1,493 6Section 493. 48.57 (3n) (an) of the statutes is created to read:
SB70-AA1,243,147 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care
8under par. (am), the department or, with the department's approval, the county
9department may make payments for exceptional circumstances to enable siblings or
10a minor parent and minor children to reside together and for initial clothing
11allowances to a long-term kinship care provider who is providing care and
12maintenance for a child residing in the home of the long-term kinship care provider
13who is receiving a monthly rate under par. (am), commensurate with the needs of the
14child, according to the rules promulgated by the department under par. (i) 2.
SB70-AA1,494 15Section 494. 48.57 (3n) (ap) 1. of the statutes is amended to read:
SB70-AA1,244,216 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
17county having a population of 750,000 or more, the department may make payments
18under par. (am) to a long-term kinship care relative provider who is providing care
19and maintenance for a child who is placed in the home of the long-term kinship care
20relative provider for no more than 60 days after the date on which the county
21department or department received under par. (am) 1. the completed application of
22the long-term kinship care relative provider for a license to operate a foster home or,
23if the application is approved or denied or the long-term kinship care relative
24provider is otherwise determined to be ineligible for licensure within those 60 days,

1until the date on which the application is approved or denied or the long-term
2kinship care relative provider is otherwise determined to be ineligible for licensure.
SB70-AA1,495 3Section 495. 48.57 (3n) (ap) 2. of the statutes is amended to read:
SB70-AA1,244,154 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
5denied or the long-term kinship care relative provider is not otherwise determined
6to be ineligible for licensure within 60 days after the date on which the county
7department or department received the completed application for any reason other
8than an act or omission of the long-term kinship care relative provider, the county
9department or department may make payments under par. (am) for 4 months after
10the date on which the county department or department received the completed
11application or, if the application is approved or denied or the long-term kinship care
12relative provider is otherwise determined to be ineligible for licensure within those
134 months, until the date on which the application is approved or denied or the
14long-term kinship care relative provider is otherwise determined to be ineligible for
15licensure.
SB70-AA1,496 16Section 496. 48.57 (3n) (ap) 3. of the statutes is amended to read:
SB70-AA1,245,1117 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
18care relative provider specified in subd. 1. is denied or the long-term kinship care
19relative provider is otherwise determined to be ineligible for licensure, the county
20department or, in a county having a population of 750,000 or more, the department
21may make payments under par. (am) to the long-term kinship care relative provider
22until an event specified in par. (am) 6. a. to f. occurs if the county department or
23department submits to the court information relating to the background
24investigation specified in par. (am) 4., an assessment of the safety of the long-term
25kinship care relative's provider's home and the ability of the long-term kinship care

1relative provider to care for the child, and a recommendation that the child remain
2in the home of the long-term kinship care relative provider and the court, after
3considering that information, assessment, and recommendation, orders the child to
4remain in the long-term kinship care relative's provider's home. If the court does not
5order the child to remain in the kinship care relative's provider's home, the court
6shall order the county department or department to request a change in placement
7under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
8guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
9938.357 (2m) (a) may also request a change in placement and any person who is
10authorized to file a petition for the appointment of a guardian for the child may also
11request a termination of the guardianship order.
SB70-AA1,497 12Section 497. 48.57 (3n) (b) 2. of the statutes is amended to read:
SB70-AA1,245,2213 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
14applies for or receives payments under this subsection, any right of the child or the
15child's parent to support or maintenance from any other person accruing during the
16time that payments are made under this subsection is assigned to the state. If a child
17is the beneficiary of support under a judgment or order that includes support for one
18or more children who are not the beneficiaries of payments under this subsection,
19any support payment made under the judgment or order is assigned to the state in
20the amount that is the proportionate share of the child who is the beneficiary of the
21payment made under this subsection, except as otherwise ordered by the court on the
22motion of a party.
SB70-AA1,498 23Section 498. 48.57 (3n) (cm) of the statutes is amended to read:
SB70-AA1,246,3
148.57 (3n) (cm) A long-term kinship care relative provider who receives a
2payment under par. (am) for providing care and maintenance for a child is not eligible
3to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
SB70-AA1,499 4Section 499. 48.57 (3n) (h) of the statutes is amended to read:
SB70-AA1,246,125 48.57 (3n) (h) A county department or, in a county having a population of
6750,000 or more, the department may recover an overpayment made under par. (am)
7from a long-term kinship care relative provider who continues to receive payments
8under par. (am) by reducing the amount of the long-term kinship care relative's
9provider's monthly payment. The department may by rule specify other methods for
10recovering overpayments made under par. (am). A county department that recovers
11an overpayment under this paragraph due to the efforts of its officers and employees
12may retain a portion of the amount recovered, as provided by the department by rule.
SB70-AA1,500 13Section 500. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
SB70-AA1,246,2314 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
15designated by the governing body of an Indian tribe or, in a county having a
16population of 750,000 or more, the person designated by the secretary shall review
17the denial of payments or the prohibition on employment or being an adult resident
18to determine if the conviction record on which the denial or prohibition is based
19includes any arrests, convictions, or penalties that are likely to adversely affect the
20child or the ability of the kinship care relative provider to care for the child. In
21reviewing the denial or prohibition, the director of the county department, the person
22designated by the governing body of the Indian tribe or the person designated by the
23secretary shall consider all of the following factors:
SB70-AA1,501 24Section 501. 48.57 (3p) (h) 3. b. of the statutes is amended to read:
SB70-AA1,247,2
148.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
2or penalty affects the ability of the kinship care relative provider to care for the child.
SB70-AA1,502 3Section 502. 48.57 (3p) (h) 4. of the statutes is amended to read:
SB70-AA1,247,154 48.57 (3p) (h) 4. If the director of the county department, the person designated
5by the governing body of the Indian tribe or, in a county having a population of
6750,000 or more, the person designated by the secretary determines that the
7conviction record on which the denial of payments or the prohibition on employment
8or being an adult resident is based does not include any arrests, convictions, or
9penalties that are likely to adversely affect the child or the ability of the kinship care
10relative provider to care for the child, the director of the county department, the
11person designated by the governing body of the Indian tribe, or the person designated
12by the secretary may approve the making of payments under sub. (3m) or may permit
13a person receiving payments under sub. (3m) to employ a person in a position in
14which that person would have regular contact with the child for whom payments are
15being made or permit a person to be an adult resident.
SB70-AA1,503 16Section 503. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.)
17and amended to read:
SB70-AA1,247,1918 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this
19subsection. Those rules shall include rules all of the following:
SB70-AA1,247,21 201. Rules governing the provision of long-term kinship care payments for the
21care and maintenance of a child after the child attains 18 years of age.
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