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.
SB70-AA1,504
22Section
504. 48.57 (3n) (i) 2. of the statutes is created to read:
SB70-AA1,248,223
48.57
(3n) (i) 2. Rules governing the provision of payments for exceptional
24circumstances to enable siblings or a minor parent and minor children to reside
1together and for initial clothing allowances for children residing in a home of a
2long-term kinship care provider who is receiving a monthly rate under par. (am).
SB70-AA1,505
3Section
505. 48.60 (2) (a) of the statutes is amended to read:
SB70-AA1,248,64
48.60
(2) (a) A relative
or like-kin, guardian, or person delegated care and
5custody of a child under s. 48.979 who provides care and maintenance for such
6children.
SB70-AA1,506
7Section
506. 48.62 (2) of the statutes is amended to read:
SB70-AA1,248,228
48.62
(2) A relative
or like-kin, a guardian of a child, or a person delegated care
9and custody of a child under s. 48.979 who provides care and maintenance for the
10child is not required to obtain the license specified in this section. The department,
11county department, or licensed child welfare agency as provided in s. 48.75 may issue
12a license to operate a foster home to a relative
or like-kin who has no duty of support
13under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
14child who is either placed by court order or who is the subject of a voluntary
15placement agreement under s. 48.63. The department, a county department, or a
16licensed child welfare agency may, at the request of a guardian appointed under s.
1748.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
18guardian's home as a foster home for the guardian's minor ward who is living in the
19home and who is placed in the home by court order. Relatives
and like-kin with no
20duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
212017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
22subject to the department's licensing rules.
SB70-AA1,507
23Section
507. 48.62 (4) of the statutes is amended to read:
SB70-AA1,249,1224
48.62
(4) Monthly payments in foster care shall be provided according to the
25rates specified in this subsection. Beginning on January 1,
2022, the rates are $300
1for care and maintenance provided for a child of any age by a foster home that is
2certified to provide level one care, as defined in the rules promulgated under sub. (8)
3(a) and 2024, for care and maintenance provided by a foster home that is certified to
4provide
care at a any level of care
that is higher than level one care,
$420 $441 for
5a child under 5 years of age;
$460 $483 for a child 5 to 11 years of age;
$522 $548 for
6a child 12 to 14 years of age; and
$545 $572 for a child 15 years of age or over. In
7addition to these grants for basic maintenance, the department, county department,
8or licensed child welfare agency shall make supplemental payments for foster care
9to a foster home that is receiving an age-related rate under this subsection that are
10commensurate with the level of care that the foster home is certified to provide and
11the needs of the child who is placed in the foster home according to the rules
12promulgated by the department under sub. (8) (c).
SB70-AA1,508
13Section
508. 48.64 (1) of the statutes is amended to read:
SB70-AA1,249,1814
48.64
(1) Definition. In this section, “agency" means the department, the
15department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
16a licensed child welfare agency authorized to place children in foster homes, group
17homes, or shelter care facilities approved under s. 938.22 (2) (c)
or, in the homes of
18relatives other than a parent
, or in the homes of like-kin.
SB70-AA1,509
19Section
509. 48.64 (1m) of the statutes is amended to read:
SB70-AA1,250,1620
48.64
(1m) Out-of-home care agreements. If an agency places a child in a
21foster home or group home or in the home of a relative other than a parent
or in the
22home of like-kin under a court order or places a child in a foster home, group home,
23or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
24under s. 48.63, the agency shall enter into a written agreement with the head of the
25home or facility. The agreement shall provide that the agency shall have access at
1all times to the child and the home or facility, and that the child will be released to
2the agency whenever, in the opinion of the agency placing the child or the
3department, the best interests of the child require release to the agency. If a child
4has been in a foster home or group home or in the home of a relative other than a
5parent
or in the home of like-kin for 6 months or more, the agency shall give the head
6of the home written notice of intent to remove the child, stating the reasons for the
7removal. The child may not be removed from a foster home, group home, or home of
8a relative other than a parent
or the home of like-kin before completion of the
9hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
10whichever is later, unless the safety of the child requires it or, in a case in which the
11reason for removal is to place the child for adoption under s. 48.833, unless all of the
12persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
13waivers of objection to the proposed removal. If the safety of the child requires earlier
14removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
15the head of the home shall have no claim against the placing agency for the expense
16of care, clothing, or medical treatment.
SB70-AA1,510
17Section
510. 48.64 (2) of the statutes is amended to read:
SB70-AA1,250,2218
48.64
(2) Supervision of out-of-home care placements. Every child who is
19placed in a foster home, group home, or shelter care facility approved under s. 938.22
20(2) (c) shall be under the supervision of an agency. Every child who is placed in the
21home of a relative other than a parent
or in the home of like-kin under a court order
22shall be under the supervision of an agency.
SB70-AA1,511
23Section
511. 48.64 (4) (a) of the statutes is amended to read:
SB70-AA1,252,624
48.64
(4) (a) Except as provided in par. (d), any decision or order issued by an
25agency that affects the head of a foster home or group home, the head of the home
1of a relative other than a parent
or the home of like-kin in which a child is placed,
2or the child involved may be appealed to the department under fair hearing
3procedures established under rules promulgated by the department. Upon receipt
4of an appeal, the department shall give the head of the home reasonable notice and
5an opportunity for a fair hearing. The department may make any additional
6investigation that the department considers necessary. The department shall give
7notice of the hearing to the head of the home and to the departmental subunit, county
8department, or child welfare agency that issued the decision or order. Each person
9receiving notice is entitled to be represented at the hearing. At all hearings
10conducted under this paragraph, the head of the home, or a representative of the
11head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
12(a), to examine all documents and records to be used at the hearing at a reasonable
13time before the date of the hearing as well as during the hearing, to bring witnesses,
14to establish all pertinent facts and circumstances, and to question or refute any
15testimony or evidence, including an opportunity to confront and cross-examine
16adverse witnesses. The department shall grant a continuance for a reasonable
17period of time when an issue is raised for the first time during a hearing. This
18requirement may be waived with the consent of the parties. The decision of the
19department shall be based exclusively on evidence introduced at the hearing. A
20transcript of testimony and exhibits, or an official report containing the substance
21of what transpired at the hearing, together with all papers and requests filed in the
22proceeding, and the findings of the hearing examiner shall constitute the exclusive
23record for decision by the department. The department shall make the record
24available at any reasonable time and at an accessible place to the head of the home
25or his or her representative. Decisions by the department shall specify the reasons
1for the decision and identify the supporting evidence. No person participating in an
2agency action being appealed may participate in the final administrative decision on
3that action. The department shall render its decision as soon as possible after the
4hearing and shall send a certified copy of its decision to the head of the home and to
5the departmental subunit, county department, or child welfare agency that issued
6the decision or order. The decision shall be binding on all parties concerned.
SB70-AA1,512
7Section
512. 48.64 (4) (c) of the statutes is amended to read:
SB70-AA1,252,218
48.64
(4) (c) Except as provided in par. (d), the circuit court for the county where
9the dispositional order placing a child in a foster home or group home or in the home
10of a relative other than a parent
or in the home of like-kin was entered or the
11voluntary agreement under s. 48.63 placing a child in a foster home or group home
12was made has jurisdiction upon petition of any interested party over the child who
13is placed in the foster home, group home, or home of the relative
or like-kin. The
14circuit court may call a hearing, at which the head of the home and the supervising
15agency under sub. (2) shall be present, for the purpose of reviewing any decision or
16order of that agency involving the placement and care of the child. If the child has
17been placed in a foster home or in the home of a relative other than a parent
or in the
18home of like-kin, the foster parent
or, relative
, or like-kin may present relevant
19evidence at the hearing. The petitioner has the burden of proving by clear and
20convincing evidence that the decision or order issued by the agency is not in the best
21interests of the child.
SB70-AA1,513
22Section
513. 48.67 (4) (b) of the statutes is amended to read:
SB70-AA1,252,2523
48.67
(4) (b) The training under par. (a) shall be available to a kinship care
24relative provider, as defined in s. 48.40 (1m), upon request of the kinship care
relative 25provider.
SB70-AA1,514
1Section
514. 49.132 of the statutes is created to read:
SB70-AA1,253,4
249.132 Child care partnership grant program. (1) In this section,
3“business" means any organization or enterprise operated for profit or a nonprofit
4corporation. “Business” does not include a governmental entity.
SB70-AA1,253,9
5(2) The department may establish a grant program to award funding to
6businesses that provide or wish to provide child care services for their employees.
7A grant awarded under this program may be used to reserve child care placements
8for local business employees, pay child care tuition, and other costs related to child
9care.
SB70-AA1,253,11
10(3) A business awarded a grant under this section shall provide matching funds
11equal to 25 percent or more of the amount awarded.
SB70-AA1,253,13
12(4) The department may promulgate rules to administer this section, including
13to determine eligibility for a grant.
SB70-AA1,515
14Section
515. 49.133 of the statutes is created to read:
SB70-AA1,253,20
1549.133 Child care quality improvement program. (1) The department
16may establish a program under which it may, from the appropriation under s. 20.437
17(2) (c) and under s. 49.175 (1) (qm), make monthly payments and monthly per-child
18payments to child care providers certified under s. 48.651, child care centers licensed
19under s. 48.65, and child care programs established or contracted for by a school
20board under s. 120.13 (14).
SB70-AA1,253,23
21(2) The department may promulgate rules to implement the program under
22this section, including establishing eligibility requirements and payment amounts
23and setting requirements for how recipients may use the payments.
SB70-AA1,516
24Section
516. 49.155 (1g) (ac) of the statutes is amended to read:
SB70-AA1,254,2
149.155
(1g) (ac) A child care scholarship and bonus program, in the amount of
2at least
$3,975,000 $8,975,000 per fiscal year.
SB70-AA1,517
3Section
517. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
SB70-AA1,254,94
49.155
(1m) (a) 1m. b. The individual has not yet attained the age of 18 years
5and the individual resides with his or her custodial parent or with a kinship care
6relative provider under s. 48.57 (3m) or with a long-term kinship care
relative 7provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized
8guardianship home under s. 48.623, a group home, or an independent living
9arrangement supervised by an adult.
SB70-AA1,518
10Section
518. 49.155 (6) (e) 2. of the statutes is repealed.
SB70-AA1,519
11Section
519. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:
SB70-AA1,254,1412
49.155
(6) (e) 3. (intro.) The department may modify a child care provider's
13maximum payment rate under
subd. 2. pars. (a) to (c) on the basis of the provider's
14quality rating, as described in the quality rating plan, in the following manner:
SB70-AA1,520
15Section
520. 938.02 (12c) of the statutes is created to read:
SB70-AA1,254,1816
938.02
(12c) “Like-kin” means a person who has a significant emotional
17relationship with a child or the child's family and to whom any of the following
18applies:
SB70-AA1,254,2119
(a) Prior to the child's placement in out-of-home care, the person had an
20existing relationship with the child or the child's family that is similar to a familial
21relationship.
SB70-AA1,254,2522
(b) During the child's placement in out-of-home care, the person developed a
23relationship with the child or the child's family that is similar to a familial
24relationship, and the person is not and has not previously been the child's licensed
25foster parent.
SB70-AA1,255,2
1(c) For an Indian child, “like-kin” includes individuals identified by the child's
2tribe according to tribal tradition, custom or resolution, code, or law.
SB70-AA1,521
3Section
521. 938.02 (15) of the statutes is amended to read:
SB70-AA1,255,154
938.02
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
5stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
6cousin,
first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
7or any person of a preceding generation as denoted by the prefix of grand, great, or
8great-great, whether by blood, marriage, or legal adoption, or the spouse of any
9person named in this subsection, even if the marriage is terminated by death or
10divorce. For purposes of the application of s. 938.028 and the federal Indian Child
11Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member,
12as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
13adoption under tribal law or custom. For purposes of placement of a juvenile,
14“relative" also includes a parent of a sibling of the juvenile who has legal custody of
15that sibling.
SB70-AA1,522
16Section
522. 938.028 (2) (c) of the statutes is amended to read:
SB70-AA1,255,2417
938.028
(2) (c) “Out-of-home care placement" means the removal of an Indian
18juvenile from the home of his or her parent or Indian custodian for temporary
19placement in a foster home, group home, residential care center for children and
20youth, or shelter care facility, in the home of a relative other than a parent,
in the
21home of like-kin, or in the home of a guardian, from which placement the parent or
22Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
23care placement" does not include an emergency change in placement under s.
24938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
SB70-AA1,523
25Section
523. 938.207 (1) (b) of the statutes is amended to read:
SB70-AA1,256,8
1938.207
(1) (b) The home of a relative
or like-kin, except that a juvenile may
2not be held in the home of a
relative if the relative person who has been convicted
3under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
42nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
5not been reversed, set aside or vacated, unless the person making the custody
6decision determines by clear and convincing evidence that the placement would be
7in the best interests of the juvenile. The person making the custody decision shall
8consider the wishes of the juvenile in making that determination.
SB70-AA1,524
9Section
524. 938.207 (1) (f) of the statutes is amended to read:
SB70-AA1,256,1310
938.207
(1) (f) The home of a person not a relative
or like-kin if the person has
11not had a license under s. 48.62 refused, revoked, or suspended within the previous
122 years. A placement under this paragraph may not exceed 30 days, unless the
13placement is extended by the court for cause for an additional 30 days.
SB70-AA1,525
14Section
525. 938.33 (4) (intro.) of the statutes is amended to read:
SB70-AA1,256,2215
938.33
(4) Other out-of-home placements. (intro.) A report recommending
16placement in a foster home, group home, or nonsecured residential care center for
17children and youth, in the home of a relative other than a parent,
in the home of
18like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
19independent living arrangement shall be in writing, except that the report may be
20presented orally at the dispositional hearing if all parties consent. A report that is
21presented orally shall be transcribed and made a part of the court record. The report
22shall include all of the following:
SB70-AA1,526
23Section
526. 938.335 (3g) (intro.) of the statutes is amended to read:
SB70-AA1,257,524
938.335
(3g) Reasonable efforts finding. (intro.) At hearings under this
25section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
1the juvenile in a foster home, group home, or residential care center for children and
2youth, in the home of a relative other than a parent,
in the home of like-kin, in the
3home of a guardian under s. 48.977 (2), or in a supervised independent living
4arrangement, the agency shall present as evidence specific information showing all
5of the following:
SB70-AA1,527
6Section
527. 938.335 (3j) (intro.) of the statutes is amended to read:
SB70-AA1,257,147
938.335
(3j) Indian juvenile; active efforts finding. (intro.) At hearings
8under this section involving an Indian juvenile who is the subject of a proceeding
9under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
10recommending removal of the Indian juvenile from the home of his or her parent or
11Indian custodian and placement of the Indian juvenile in a foster home, group home,
12or residential care center for children and youth
or
, in the home of a relative other
13than a parent,
or in the home of like-kin, the agency shall present as evidence
14specific information showing all of the following:
SB70-AA1,528
15Section
528. 938.34 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA1,257,2016
938.34
(3) (a) (intro.) The home of a parent
or, other relative
, or like-kin of the
17juvenile, except that the court may not designate any of the following as the juvenile's
18placement, unless the court determines by clear and convincing evidence that the
19placement would be in the best interests of the juvenile or, in the case of an Indian
20juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
SB70-AA1,529
21Section
529. 938.34 (3) (a) 1. of the statutes is amended to read:
SB70-AA1,258,222
938.34
(3) (a) 1. The home of a parent
or, other relative
, or like-kin of the
23juvenile if the parent
or, other relative
, or like-kin has been convicted of the homicide
24of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
25reversed, set aside, or vacated. In determining whether a placement under this
1subdivision would be in the best interests of the juvenile, the court shall consider the
2wishes of the juvenile.
SB70-AA1,530
3Section
530. 938.34 (3) (a) 2. of the statutes is amended to read:
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938.34
(3) (a) 2. The home of a relative other than the parent of the juvenile
5or the home of like-kin if the court finds that the relative
or like-kin has been
6convicted of, has pleaded no contest to, or has had a charge dismissed or amended
7as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
8(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
9948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
10a similar law of another state.