Amendment AA3-SB70

SB70-AA3,293,21 938.34 (3) (a) 1. The home of a parent or, other relative, or like-kin of the juvenile if the parent or, other relative, or like-kin has been convicted of the homicide of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the juvenile, the court shall consider the wishes of the juvenile.

SB70-AA3,448 Section 448. 938.34 (3) (a) 2. of the statutes is amended to read:

SB70-AA3,294,4 938.34 (3) (a) 2. The home of a relative other than the parent of the juvenile or the home of like-kin if the court finds that the relative or like-kin has been convicted of, has pleaded no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.

SB70-AA3,449 Section 449. 938.355 (4) (am) (intro.) of the statutes is amended to read:

SB70-AA3,294,12 938.355 (4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile 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 shall terminate on the latest of the following dates, unless the court specifies a shorter period or the court terminates the order sooner:

SB70-AA3,450 Section 450. 938.357 (6) (a) (intro.) of the statutes is amended to read:

SB70-AA3,294,20 938.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth, in the home of a relative who is not a parent, in the home of like-kin, or in a supervised independent living arrangement, the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period:

SB70-AA3,451 Section 451. 938.357 (6) (b) of the statutes is amended to read:

SB70-AA3,295,4 938.357 (6) (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative or like-kin to a placement in the juvenile's home and if the expiration date of the original dispositional order is more than one year after the date on which the change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change-in-placement order is granted or to an earlier date as specified by the court.

SB70-AA3,452 Section 452. 938.365 (5) (b) (intro.) of the statutes is amended to read:

SB70-AA3,295,10 938.365 (5) (b) (intro.) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile 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 shall be for a specified length of time not to exceed the latest of the following dates:

SB70-AA3,453 Section 453. 938.366 (1) (a) of the statutes is amended to read:

SB70-AA3,295,17 938.366 (1) (a) The person 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 under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age.

SB70-AA3,454 Section 454. 938.371 (1) (intro.) of the statutes is amended to read:

SB70-AA3,296,4 938.371 (1) Medical information. (intro.) If a juvenile is placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or, in the home of a relative other than a parent, or in the home of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

SB70-AA3,455 Section 455. 938.371 (1) (a) of the statutes is amended to read:

SB70-AA3,296,11 938.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

SB70-AA3,456 Section 456. 938.371 (3) (intro.) of the statutes is amended to read:

SB70-AA3,296,25 938.371 (3) Other information. (intro.) At the time of placement of a juvenile in a foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent or in the home of like-kin or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, relative, like-kin, or operator of the group home, residential care center for children and youth, or juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

SB70-AA3,457 Section 457. 938.371 (5) of the statutes is amended to read:

SB70-AA3,297,8 938.371 (5) Confidentiality of information. Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, like-kin, or operator of a group home, residential care center for children and youth, or juvenile correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency review concerning the juvenile.

SB70-AA3,458 Section 458. 938.38 (2) (intro.) of the statutes is amended to read:

SB70-AA3,297,19 938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, group home, residential care center for children and youth, juvenile detention facility, shelter care facility, or supervised independent living arrangement, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a guardian or a relative other than a parent or in the home of like-kin, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:

SB70-AA3,459 Section 459. 938.38 (3m) (a) of the statutes is amended to read:

SB70-AA3,297,24 938.38 (3m) (a) All appropriate biological family members, relatives, and like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02 (12c) (b), in this paragraph, “like-kin” may include a person who is or previously was the child's licensed foster parent.

SB70-AA3,460 Section 460. 938.38 (4) (f) (intro.) of the statutes is amended to read:

SB70-AA3,298,5 938.38 (4) (f) (intro.) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the facility where the juvenile is living, or the relative or like-kin with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB70-AA3,461 Section 461. 938.38 (4m) (b) of the statutes is amended to read:

SB70-AA3,298,15 938.38 (4m) (b) At least 10 days before the date of the hearing the court shall notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile'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-AA3,462 Section 462. 938.38 (4m) (d) of the statutes is amended to read:

SB70-AA3,298,25 938.38 (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-AA3,463 Section 463. 938.38 (5) (b) of the statutes is amended to read:

SB70-AA3,299,18 938.38 (5) (b) The court or the agency shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile'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 juvenile's counsel, the juvenile's guardian ad litem, and the juvenile'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 juvenile's case record. The notice to the juvenile's school shall also include the name and contact information for the caseworker or social worker assigned to the juvenile's case.

SB70-AA3,464 Section 464. 938.38 (5) (bm) 1. of the statutes is amended to read:

SB70-AA3,300,7 938.38 (5) (bm) 1. A juvenile, 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, 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-AA3,465 Section 465. 938.38 (5) (e) of the statutes is amended to read:

SB70-AA3,300,17 938.38 (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 juvenile or the juvenile's counsel or guardian ad litem; the person representing the interests of the public; the juvenile's parent, guardian, or legal custodian; the juvenile's foster parent, the operator of the facility where the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.

SB70-AA3,466 Section 466. 938.38 (5m) (b) of the statutes is amended to read:

SB70-AA3,301,9 938.38 (5m) (b) The court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile 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 juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the juvenile's school; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile'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 juvenile's school shall also include the name and contact information for the caseworker or social worker assigned to the juvenile's case.

SB70-AA3,467 Section 467. 938.38 (5m) (c) 1. of the statutes is amended to read:

SB70-AA3,301,24 938.38 (5m) (c) 1. A juvenile, 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, 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-AA3,468 Section 468. 938.38 (5m) (e) of the statutes is amended to read:

SB70-AA3,302,18 938.38 (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 juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile'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 juvenile 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-AA3,469 Section 469. 938.385 (intro.) of the statutes is amended to read:

SB70-AA3,303,6 938.385 Plan for transition to independent living. (intro.) During the 90 days immediately before a juvenile 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 juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile 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 juvenile under the order or agreement shall do all of the following:

SB70-AA3,470 Section 470. DCF 56.23 (1) (c) of the administrative code is amended to read:

SB70-AA3,303,10 DCF 56.23 (1) (c) A placing agency may not make a supplemental or exceptional payment or pay an initial clothing allowance , except for an exceptional payment under sub. (3) (a) 2., for a child placed in a Level 1 foster home.

SB70-AA3,471 Section 471. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

SB70-AA3,303,17 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

SB70-AA3,303,22 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

SB70-AA3,9106 Section 9106. Nonstatutory provisions; Children and Families.

SB70-AA3,304,5 (1) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB70-AA3,9406 Section 9406. Effective dates; Children and Families.

SB70-AA3,304,9 (1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am) (intro.) (by Section 43q) and (3n) (am) (intro.) (by Section 66q) and 48.62 (4) takes effect on January 1, 2024, or on the day after publication, whichever is later.”.

SB70-AA3,304,10 260. Page 374, line 11: after that line insert:

SB70-AA3,304,12 “ Section 472. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table

SB70-AA3,304,13 261. Page 374, line 11: after that line insert:

SB70-AA3,304,14 “ Section 473. 20.435 (5) (bf) of the statutes is amended to read:

SB70-AA3,304,18 20.435 (5) (bf) Brighter futures initiative Grants for youth services . The amounts in the schedule to be transferred to the appropriation account under s. 20.437 (1) (kb) for the brighter futures initiative under s. 48.545 grants for youth services under s. 48.481.

SB70-AA3,474 Section 474. 20.437 (1) (bc) of the statutes is amended to read:

SB70-AA3,305,8 20.437 (1) (bc) Grants for children's community programs youth services. The amounts in the schedule for grants for children's community programs youth services under s. 48.481. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All moneys under this appropriation account that are distributed under s. 48.481 but are not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB70-AA3,475 Section 475. 20.437 (1) (bd) of the statutes is created to read:

SB70-AA3,305,11 20.437 (1) (bd) Tribal family services grants. The amounts in the schedule for tribal family services grants under s. 48.487.

SB70-AA3,476 Section 476. 20.437 (1) (bn) of the statutes is created to read:

SB70-AA3,305,16 20.437 (1) (bn) Tribal placements. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, including placements of Indian juveniles who have been adjudicated delinquent.

SB70-AA3,477 Section 477. 20.437 (1) (e) of the statutes is repealed.

SB70-AA3,478 Section 478. 20.437 (1) (eg) of the statutes is repealed.

SB70-AA3,479 Section 479. 20.437 (1) (er) of the statutes is repealed.

SB70-AA3,480 Section 480. 20.437 (1) (kb) of the statutes is amended to read:

SB70-AA3,305,24 20.437 (1) (kb) Interagency aids; brighter futures initiative grants for youth services. All moneys transferred from the appropriation account under s. 20.435 (5) (bf) for the brighter futures initiative under s. 48.545 grants for youth services under s. 48.481.

SB70-AA3,481 Section 481. 20.9275 (2) (intro.) of the statutes is amended to read:

SB70-AA3,306,7 20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 48.481, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:

SB70-AA3,482 Section 482. 48.48 (19) of the statutes is repealed.

SB70-AA3,483 Section 483. 48.481 (title) of the statutes is amended to read:

SB70-AA3,306,11 48.481 (title) Grants for children's community programs youth services.

SB70-AA3,484 Section 484. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

SB70-AA3,306,17 48.481 (2m) (intro.) From the appropriation under s. 20.437 (1) (bc), the The department shall distribute the following grants for children's community programs youth services to public agencies, nonprofit corporations, and Indian tribes to provide programs that accomplish one or more of the following purposes:

SB70-AA3,485 Section 485. 48.481 (1) of the statutes is repealed.

SB70-AA3,486 Section 486. 48.481 (1m) of the statutes is created to read:

SB70-AA3,306,20 48.481 (1m) In this section:

SB70-AA3,306,22 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

SB70-AA3,306,24 (b) “Public agency" means a county, city, village, town, or school district or an agency of this state or of a county, city, village, town, or school district.

SB70-AA3,487 Section 487. 48.481 (2) of the statutes is repealed.

SB70-AA3,488 Section 488. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

SB70-AA3,307,3 48.481 (2m) (a) Increasing youth access to housing.

SB70-AA3,307,5 (b) Increasing youth self-sufficiency through employment, education, and training.

SB70-AA3,307,8 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

SB70-AA3,307,9 (d) Preventing sex trafficking of children and youth.

SB70-AA3,307,11 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.