SB70-SSA2,244
15Section
244. 46.281 (5) of the statutes is created to read:
SB70-SSA2,295,1916
46.281
(5) Reporting. (a) The department shall include all of the following in
17publicly available financial summaries of the managed care organizations for the
18family care benefit, the Family Care Partnership program, and the program for
19all-inclusive care for the elderly operating under
42 USC 1396u-4:
SB70-SSA2,295,2020
1. Executive leadership salaries.
SB70-SSA2,295,2121
2. Amounts retrieved by the state under contractual risk corridors.
SB70-SSA2,296,622
(b) The managed care organizations for the family care benefit, the Family
23Care Partnership program, and the program for all-inclusive care for the elderly
24operating under
42 USC 1396u-4 shall track and report to the department the total
25authorized and total provided care plan hours by service category under the family
1care benefit, the Family Care Partnership program, and the program for
2all-inclusive care for the elderly operating under
42 USC 1396u-4. By April 1 of each
3year, the department shall submit to the joint committee on finance a report
4containing the total authorized and total provided care plan hours by service
5category under the family care benefit, the Family Care Partnership program, and
6the program for all-inclusive care for the elderly operating under
42 USC 1396u-4.
SB70-SSA2,245
7Section
245. 46.40 (8) of the statutes is amended to read:
SB70-SSA2,296,118
46.40
(8) Alzheimer's family and caregiver support allocation. Subject to
9sub. (9),
the department shall distribute not more than $3,058,900 in each fiscal year 10for services to persons with Alzheimer's disease and their caregivers under s. 46.87
,
11the department shall distribute not more than $2,808,900 in each fiscal year.
SB70-SSA2,246
12Section
246. 48.233 (2) of the statutes is amended to read:
SB70-SSA2,296,1413
48.233
(2) This section does not apply to a proceeding commenced under s.
1448.13 after June 30,
2023 2025.
SB70-SSA2,247
15Section
247. 48.233 (3) of the statutes is amended to read:
SB70-SSA2,296,2516
48.233
(3) The state public defender may promulgate rules necessary to
17implement the pilot program established under sub. (1). The state public defender
18may promulgate the rules under this subsection as emergency rules under s. 227.24.
19Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required
20to provide evidence that promulgating a rule under this subsection as an emergency
21rule is necessary for the preservation of the public peace, health, safety, or welfare
22and is not required to provide a finding of emergency for a rule promulgated under
23this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
24promulgated under this subsection remain in effect until
2 4 years after June 30,
252021.
SB70-SSA2,248
1Section
248. 48.233 (4) of the statutes is amended to read:
SB70-SSA2,297,62
48.233
(4) By January 1,
2021, and by January 1, 2023 2025, the department
3and the state public defender shall each submit a report to the joint committee on
4finance, and to the chief clerk of each house of the legislature for distribution to the
5appropriate standing committees under s. 13.172 (3), regarding costs and data from
6implementing the pilot program under sub. (1).
SB70-SSA2,249
7Section 249
. 48.48 (8r) of the statutes is amended to read:
SB70-SSA2,297,118
48.48
(8r) To reimburse county departments
and Indian tribes, from the
9appropriations under s. 20.437 (1) (dd)
, (kL), and (pd), for subsidized guardianship
10payments made under s. 48.623 (1) or (6), including guardianships of
Indian children
11ordered by tribal courts.
SB70-SSA2,250
12Section
250. 48.526 (3) (c) of the statutes is amended to read:
SB70-SSA2,297,1513
48.526
(3) (c) Within the limits of the appropriations under s. 20.437 (1) (cj)
and, 14(o)
, and (q), the department shall allocate funds to each county for services under this
15section.
SB70-SSA2,251
16Section
251. 48.526 (3) (e) of the statutes is amended to read:
SB70-SSA2,297,2517
48.526
(3) (e) The department may carry forward $500,000 or 10 percent of its
18funds allocated under this subsection and not encumbered or carried forward under
19par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar
20years. The department may transfer moneys from or within s. 20.437 (1) (cj)
or (q) 21to accomplish this purpose. The department may allocate these transferred moneys
22to counties with persistently high rates of juvenile arrests for serious offenses during
23the next 2 calendar years to improve community-based juvenile
24delinquency-related services, as defined in s. 46.011 (1c). The allocation does not
25affect a county's base allocation.
SB70-SSA2,252
1Section
252. 48.526 (3) (em) of the statutes is amended to read:
SB70-SSA2,298,72
48.526
(3) (em) The department may carry forward any emergency funds
3allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm)
4by December 31 to the next 2 calendar years. The department may transfer moneys
5from or within s. 20.437 (1) (cj)
or (q) to accomplish this purpose. The department
6may allocate these transferred moneys to counties that are eligible for emergency
7payments under sub. (7) (e). The allocation does not affect a county's base allocation.
SB70-SSA2,253
8Section
253. 48.526 (6) (a) of the statutes is amended to read:
SB70-SSA2,298,129
48.526
(6) (a) The department shall develop criteria as provided in par. (b) to
10assist the legislature in allocating funding, excluding funding for base allocations,
11from the appropriations under s. 20.437 (1) (cj)
and
, (o)
, and (q) for purposes
12described in this section.
SB70-SSA2,254
13Section
254. 48.526 (7) (intro.) of the statutes is amended to read:
SB70-SSA2,298,1814
48.526
(7) Allocations of funds. (intro.) Within the limits of the availability
15of the appropriations under s. 20.437 (1) (cj)
and
, (o),
and (q), the department shall
16allocate funds for community youth and family aids for the period beginning on
17July 1, 2021, and ending on June 30, 2023, as provided in this subsection to county
18departments under ss. 46.215, 46.22, and 46.23 as follows:
SB70-SSA2,255
19Section
255. 48.563 (2) of the statutes is amended to read:
SB70-SSA2,298,2420
48.563
(2) County allocation. For children and family services under s. 48.569
21(1) (d), the department shall distribute not more than $101,154,200 in fiscal year
222021-22 and $101,162,800 in fiscal year 2022-23.
In the following fiscal year, the
23department shall distribute $101,551,400. In the fiscal year after that, the
24department shall distribute $101,939,600.
SB70-SSA2,256
25Section
256. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
SB70-SSA2,299,8
148.57
(3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
2(me), and (s), the department shall reimburse counties having populations of less
3than 750,000 for payments made under this subsection and shall make payments
4under this subsection in a county having a population of 750,000 or more. Subject
5to par. (ap), a county department and, in a county having a population of 750,000 or
6more, the department shall make payments in the amount of
$300 $375 per month
7beginning on January 1,
2022 2024, to a kinship care relative who is providing care
8and maintenance for a child if all of the following conditions are met:
SB70-SSA2,257
9Section
257. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
SB70-SSA2,299,1810
48.57
(3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
11(me), and (s), the department shall reimburse counties having populations of less
12than 750,000 for payments made under this subsection and shall make payments
13under this subsection in a county having a population of 750,000 or more. Subject
14to par. (ap), a county department and, in a county having a population of 750,000 or
15more, the department shall make monthly payments for each child in the amount of
16$300 $375 per month beginning on January 1,
2022 2024, to a long-term kinship care
17relative who is providing care and maintenance for that child if all of the following
18conditions are met:
SB70-SSA2,258
19Section
258. 48.62 (4) of the statutes is renumbered 48.62 (4) (a) (intro.) and
20amended to read:
SB70-SSA2,300,221
48.62
(4) (a) (intro.) Monthly payments in foster care shall be provided
22according to the rates specified in this subsection. Beginning on January 1,
2022 232024, the rates
are $300 for care and maintenance provided for a child of any age by
24a foster home that is certified to provide level one care, as defined in the rules
25promulgated under sub. (8) (a)
, are $375 and
, for care and maintenance provided by
1a foster home that is certified to provide care at a level of care that is higher than level
2one care,
$420 for the rates are all of the following:
SB70-SSA2,300,3
31. For a child under 5 years of age
; $460 for, $441.
SB70-SSA2,300,4
42. For a child 5 to 11 years of age
; $522 for, $483.
SB70-SSA2,300,5
53. For a child 12 to 14 years of age
; and $545 for, $548.
SB70-SSA2,300,6
64. For a child 15 years of age or over
, $572.
SB70-SSA2,300,13
7(b) In addition to
these
the grants
under par. (a) for basic maintenance, the
8department, county department, or licensed child welfare agency shall make
9supplemental payments for foster care to a foster home that is receiving an
10age-related rate under this subsection that are commensurate with the level of care
11that the foster home is certified to provide and the needs of the child who is placed
12in the foster home according to the rules promulgated by the department under sub.
13(8) (c).
SB70-SSA2,259
14Section 259
. 48.623 (1) (intro.) of the statutes is amended to read:
SB70-SSA2,301,315
48.623
(1) Eligibility. (intro.) A county department or, as provided in sub. (3)
16(a),
an Indian tribe or the department shall provide monthly subsidized
17guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child
18under s. 48.977 (2) or under a substantially similar tribal law if the county
19department
, Indian tribe, or department determines that the conditions specified in
20pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a),
21a tribe or the department shall also provide those payments for the care of a sibling
22of such a child, regardless of whether the sibling meets the conditions specified in par.
23(a), if the county department
, Indian tribe, or department and the guardian agree on
24the appropriateness of placing the sibling in the home of the guardian. A guardian
25of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for
1monthly subsidized guardianship payments under this subsection if the county
2department
, Indian tribe, or
the department, whichever will be providing those
3payments, determines that all of the following apply:
SB70-SSA2,260
4Section 260
. 48.623 (1) (b) 3. of the statutes is amended to read:
SB70-SSA2,301,115
48.623
(1) (b) 3. The guardian is licensed as the child's foster parent and the
6guardian and all adults residing in the guardian's home meet the requirements
7specified in s. 48.685
or, for a guardianship of a child ordered by a tribal court in
8which the background investigation is conducted by the Indian tribe, all adults
9residing in the guardian's home meet either the requirements specified in s. 48.685
10or the background check requirements for foster parent licensing under 42 USC 671
11(a) (20).
SB70-SSA2,261
12Section 261
. 48.623 (1) (c) of the statutes is amended to read:
SB70-SSA2,301,1813
48.623
(1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345,
14938.357, 938.363, or 938.365
or a tribal court under a substantially similar tribal law 15placing the child, or continuing the placement of the child, outside of the child's home
16has been terminated, or any proceeding in which the child has been adjudged to be
17in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as
18provided in s. 48.977 (3r) (a).
SB70-SSA2,262
19Section 262
. 48.623 (2) (intro.) of the statutes is amended to read:
SB70-SSA2,302,1020
48.623
(2) Subsidized guardianship agreement. (intro.) Before a county
21department
, an Indian tribe, or the department may approve the provision of
22subsidized guardianship payments under sub. (1) to a proposed guardian, the county
23department
, Indian tribe, or department shall negotiate and enter into a written,
24binding subsidized guardianship agreement with the proposed guardian and provide
25the proposed guardian with a copy of the agreement. A subsidized guardianship
1agreement or an amended subsidized guardianship agreement may also name a
2prospective successor guardian of the child to assume the duty and authority of
3guardianship on the death or incapacity of the guardian. A successor guardian is
4eligible for monthly subsidized guardianship payments under this section only if the
5successor guardian is named as a prospective successor guardian of the child in a
6subsidized guardianship agreement or amended subsidized guardianship
7agreement that was entered into before the death or incapacity of the guardian, the
8conditions specified in sub. (6) (bm) are met, and the court appoints the successor
9guardian to assume the duty and authority of guardianship as provided in s. 48.977
10(5m). A subsidized guardianship agreement shall specify all of the following:
SB70-SSA2,263
11Section 263
. 48.623 (2) (c) of the statutes is amended to read:
SB70-SSA2,302,1412
48.623
(2) (c) That the county department
, Indian tribe, or department will pay
13the total cost of the nonrecurring expenses that are associated with obtaining
14guardianship of the child, not to exceed $2,000.
SB70-SSA2,264
15Section 264
. 48.623 (3) (a) of the statutes is amended to read:
SB70-SSA2,303,716
48.623
(3) (a) Except as provided in this paragraph, the county department
17shall provide the monthly payments under sub. (1) or (6).
An Indian tribe that has
18entered into an agreement with the department under sub. (8) shall provide the
19monthly payments under sub. (1) or (6) for guardianships of children ordered by the
20tribal court, or a county department may provide the monthly payments under sub.
21(1) or (6) for guardianships of children ordered by the tribal court if the county
22department has entered into an agreement with the governing body of an Indian
23tribe to provide those payments. The county department
or Indian tribe shall
24provide those payments from moneys received under s. 48.48 (8r). The department
25shall reimburse county departments
and Indian tribes for the cost of subsidized
1guardianship payments, including
payments made by county departments for 2guardianships of
Indian children ordered by tribal courts, from the appropriations
3under s. 20.437 (1) (dd)
, (kL), and (pd). In a county having a population of 750,000
4or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the
5department shall provide the monthly payments under sub. (1) or (6). The
6department shall provide those payments from the appropriations under s. 20.437
7(1) (cx) and (mx).
SB70-SSA2,265
8Section 265
. 48.623 (3) (b) of the statutes is amended to read:
SB70-SSA2,303,179
48.623
(3) (b) The county department or, as provided in par. (a),
an Indian tribe
10or the department shall determine the initial amount of a monthly payment under
11sub. (1) or (6) for the care of a child based on the circumstances of the guardian and
12the needs of the child. That amount may not exceed the amount received under s.
1348.62 (4)
or a substantially similar tribal law by the guardian of the child for the
14month immediately preceding the month in which the guardianship order was
15granted. A guardian or an interim caretaker who receives a monthly payment under
16sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57
17(3m) or (3n) or 48.62 (4) for the care of that child.
SB70-SSA2,266
18Section 266
. 48.623 (3) (c) 1. of the statutes is amended to read:
SB70-SSA2,304,919
48.623
(3) (c) 1. If a person who is receiving monthly subsidized guardianship
20payments under an agreement under sub. (2) believes that there has been a
21substantial change in circumstances, as defined by the department by rule
22promulgated under sub. (7) (a), he or she may request that the agreement be
23amended to increase the amount of those payments. If a request is received under
24this subdivision, the county department
, Indian tribe, or department shall
25determine whether there has been a substantial change in circumstances and
1whether there has been a substantiated report of abuse or neglect of the child by the
2person receiving those payments. If there has been a substantial change in
3circumstances and if there has been no substantiated report of abuse or neglect of
4the child by that person, the county department
, Indian tribe, or department shall
5offer to increase the amount of those payments based on criteria established by the
6department by rule promulgated under sub. (7) (b). If an increased monthly
7subsidized guardianship payment is agreed to by the person receiving those
8payments, the county department
, Indian tribe, or department shall amend the
9agreement in writing to specify the increased amount of those payments.
SB70-SSA2,267
10Section 267
. 48.623 (3) (c) 2. of the statutes is amended to read:
SB70-SSA2,304,2511
48.623
(3) (c) 2. Annually, a county department
, Indian tribe, or the department
12shall review an agreement that has been amended under subd. 1. to determine
13whether the substantial change in circumstances that was the basis for amending
14the agreement continues to exist. If that substantial change in circumstances
15continues to exist, the agreement, as amended, shall remain in effect. If that
16substantial change in circumstances no longer exists, the county department
, Indian
17tribe, or department shall offer to decrease the amount of the monthly subsidized
18guardianship payments provided under sub. (1) based on criteria established by the
19department under sub. (7) (c). If the decreased amount of those payments is agreed
20to by the person receiving those payments, the county department
, Indian tribe, or
21department shall amend the agreement in writing to specify the decreased amount
22of those payments. If the decreased amount of those payments is not agreed to by
23the person receiving those payments, that person may appeal the decision of the
24county department
, Indian tribe, or department regarding the decrease under sub.
25(5).
SB70-SSA2,268
1Section
268. 48.623 (3) (d) of the statutes is amended to read:
SB70-SSA2,305,82
48.623
(3) (d) The department
, an Indian tribe, or a county department may
3recover an overpayment made under sub. (1) or (6) from a guardian or interim
4caretaker who continues to receive those payments by reducing the amount of the
5person's monthly payment. The department may by rule specify other methods for
6recovering those overpayments. A county department
or Indian tribe that recovers
7an overpayment under this paragraph due to the efforts of its officers and employees
8may retain a portion of the amount recovered, as provided by the department by rule.
SB70-SSA2,269
9Section 269
. 48.623 (4) of the statutes is amended to read:
SB70-SSA2,305,1710
48.623
(4) Annual review. A county department
, an Indian tribe, or the
11department shall review a placement of a child for which the county department
,
12Indian tribe, or department makes payments under sub. (1) not less than every 12
13months after the county department
, Indian tribe, or department begins making
14those payments to determine whether the child and the guardian remain eligible for
15those payments. If the child or the guardian is no longer eligible for those payments,
16the county department
, Indian tribe, or department shall discontinue making those
17payments.
SB70-SSA2,270
18Section 270
. 48.623 (5) (b) 1. (intro.) of the statutes is amended to read:
SB70-SSA2,306,919
48.623
(5) (b) 1. (intro.) Upon receipt of a timely petition described in par. (a)
20the department shall give the applicant or recipient reasonable notice and an
21opportunity for a fair hearing. The department may make such additional
22investigation as it considers necessary. Notice of the hearing shall be given to the
23applicant or recipient and to the county department
, Indian tribe, or subunit of the
24department whose action or failure to act is the subject of the petition. That county
25department
, Indian tribe, or subunit of the department may be represented at the
1hearing. The department shall render its decision as soon as possible after the
2hearing and shall send a certified copy of its decision to the applicant or recipient and
3to the county department
, Indian tribe, or subunit of the department whose action
4or failure to act is the subject of the petition. The decision of the department shall
5have the same effect as an order of the county department
, Indian tribe, or subunit
6of the department whose action or failure to act is the subject of the petition. The
7decision shall be final, but may be revoked or modified as altered conditions may
8require. The department shall deny a petition for review or shall refuse to grant
9relief if any of the following applies:
SB70-SSA2,271
10Section 271
. 48.623 (5) (b) 2. of the statutes is amended to read:
SB70-SSA2,306,2011
48.623
(5) (b) 2. If a recipient requests a hearing within 10 days after the date
12of notice that his or her payments under sub. (1) are being decreased or discontinued,
13those payments may not be decreased or discontinued until a decision is rendered
14after the hearing but payments made pending the hearing decision may be recovered
15by the department if the contested action or failure to act is upheld. The department
16shall promptly notify the county department
, Indian tribe, or
the subunit of the
17department whose action is the subject of the hearing that the recipient has
18requested a hearing. Payments under sub. (1) shall be decreased or discontinued if
19the recipient is contesting a state law or a change in state law and not the
20determination of the payment made on the recipient's behalf.
SB70-SSA2,272
21Section 272
. 48.623 (6) (am) (intro.) of the statutes is amended to read:
SB70-SSA2,307,222
48.623
(6) (am) (intro.) On the death, incapacity, resignation, or removal of a
23guardian receiving payments under sub. (1), the county department
, Indian tribe, or
24the department providing those payments shall provide monthly subsidized
1guardianship payments in the amount specified in sub. (3) (b) for a period of up to
212 months to an interim caretaker if all of the following conditions are met:
SB70-SSA2,273
3Section 273
. 48.623 (6) (am) 1. of the statutes is amended to read:
SB70-SSA2,307,84
48.623
(6) (am) 1. The county department
, Indian tribe, or department inspects
5the home of the interim caretaker, interviews the interim caretaker, and determines
6that placement of the child with the interim caretaker is in the best interests of the
7child. In the case of an Indian child, the best interests of the Indian child shall be
8determined in accordance with s. 48.01 (2).
SB70-SSA2,274
9Section 274
. 48.623 (6) (am) 2. of the statutes is amended to read:
SB70-SSA2,307,2010
48.623
(6) (am) 2. The county department
, Indian tribe, or department
11conducts a background investigation under s. 48.685 of the interim caretaker and
12any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim
13caretaker and determines that those individuals meet the requirements specified in
14s. 48.685.
For investigations conducted by an Indian tribe, the background
15investigation may be conducted under s. 48.685 or by meeting the background check
16requirements for foster parent licensing under 42 USC 671 (a) (20). The county
17department
, Indian tribe, or department shall provide the department of health
18services with information about each person who is denied monthly subsidized
19guardianship payments or permission to reside in the home of an interim caretaker
20for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.
SB70-SSA2,275
21Section 275
. 48.623 (6) (am) 3. of the statutes is amended to read:
SB70-SSA2,307,2422
48.623
(6) (am) 3. The interim caretaker cooperates with the county
23department
, Indian tribe, or department in finding a permanent placement for the
24child.
SB70-SSA2,276
1Section
276. 48.623 (6) (bm) (intro.), 1., 2., 3., 4. and 5. of the statutes are
2amended to read:
SB70-SSA2,308,113
48.623
(6) (bm) (intro.) On the death or incapacity of a guardian receiving
4payments under sub. (1), the county department
, an Indian tribe, or the department
5providing those payments shall provide monthly subsidized guardianship payments
6in the amount specified in sub. (3) (b) to a person named as a prospective successor
7guardian of the child in a subsidized guardianship agreement or amended subsidized
8guardianship agreement that was entered into before the death or incapacity of the
9guardian if all of the following conditions are met and the court appoints the person
10as successor guardian to assume the duty and authority of guardianship as provided
11in s. 48.977 (5m):
SB70-SSA2,308,1412
1. The county department
, Indian tribe, or department determines that the
13child, if 14 years of age or over, has been consulted with regarding the successor
14guardianship arrangement.
SB70-SSA2,308,1615
2. The county department
, Indian tribe, or department determines that the
16person has a strong commitment to caring permanently for the child.
SB70-SSA2,308,2017
3. The county department
, Indian tribe, or department inspects the home of the
18person, interviews the person, and determines that placement of the child with the
19person is in the best interests of the child. In the case of an Indian child, the best
20interests of the Indian child shall be determined in accordance with s. 48.01 (2).
SB70-SSA2,308,2321
4. Prior to being appointed as successor guardian to assume the duty and
22authority of guardianship, the person enters into a subsidized guardianship
23agreement under sub. (2) with the county department
, Indian tribe, or department.
SB70-SSA2,309,724
5. Prior to the person entering into the subsidized guardianship agreement, the
25county department
, Indian tribe, or department conducts a background
1investigation under s. 48.685 of the person and any nonclient resident, as defined in
2s. 48.685 (1) (bm), of the home of the person and determines that those individuals
3meet the requirements specified in s. 48.685. The county department
, Indian tribe, 4or department shall provide the department of health services with information
5about each person who is denied monthly subsidized guardianship payments or
6permission to reside in the home of a person receiving those payments for a reason
7specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.
SB70-SSA2,277
8Section 277
. 48.623 (7) (b) of the statutes is amended to read:
SB70-SSA2,309,149
48.623
(7) (b) Rules establishing requirements for submitting a request under
10sub. (3) (c) 1. and criteria for determining the amount of the increase in monthly
11subsidized guardianship payments that a county department
, an Indian tribe, or the
12department shall offer if there has been a substantial change in circumstances and
13if there has been no substantiated report of abuse or neglect of the child by the person
14receiving those payments.
SB70-SSA2,278
15Section 278
. 48.623 (8) of the statutes is created to read:
SB70-SSA2,309,2316
48.623
(8) Tribal agreements. (a) The department may enter into an
17agreement with the governing body of an Indian tribe to allow that governing body
18to administer subsidized guardianships ordered by a tribal court under a tribal law
19substantially similar to s. 48.977 (2) and to be reimbursed by the department for
20eligible tribal subsidized guardianship payments. An agreement under this
21paragraph shall require the governing body of an Indian tribe to comply with all
22requirements for administering subsidized guardianship that apply to counties and
23the department, including eligibility.
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(b) A county department may provide the monthly payments under sub. (1) or
25(6) for guardianships of children ordered by the tribal court if the county department
1has entered into an agreement with the governing body of an Indian tribe to provide
2those payments.
SB70-SSA2,279
3Section 279
. 48.685 (5) (a) of the statutes is amended to read:
SB70-SSA2,310,184
48.685
(5) (a) Subject to par. (bm), the department may license to operate an
5entity, a county department or a child welfare agency may license to operate a foster
6home under s. 48.62, the department in a county having a population of 750,000 or
7more
, an Indian tribe, or a county department may provide subsidized guardianship
8payments under s. 48.623 (6) to a person who otherwise may not be so licensed or
9provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity
10may employ, contract with, or permit to reside at the entity or permit to reside with
11a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may
12not be so employed, provided payments, or permitted to reside at the entity or with
13that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person
14demonstrates to the department, county department, or child welfare agency or, in
15the case of an entity that is located within the boundaries of a reservation, to the
16person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and
17convincing evidence and in accordance with procedures established by the
18department by rule or by the tribe that he or she has been rehabilitated.
SB70-SSA2,280
19Section 280
. 48.977 (3r) (a) of the statutes is amended to read:
SB70-SSA2,311,1120
48.977
(3r) (a)
Guardian. Subsidized guardianship payments under s. 48.623
21(1) may not be made to a guardian of a child unless a subsidized guardianship
22agreement under s. 48.623 (2) is entered into before the guardianship order is
23granted and the court either terminates any order specified in sub. (2) (a) or
24dismisses any proceeding in which the child has been adjudicated in need of
25protection or services as specified in sub. (2) (a). If a child's permanency plan calls
1for placement of the child in the home of a guardian and the provision of monthly
2subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a)
3shall include in the petition under sub. (4) (b) a statement of the determinations
4made under s. 48.623 (1) and a request for the court to include in the court's findings
5under sub. (4) (d) a finding confirming those determinations. If the court confirms
6those determinations, appoints a guardian for the child under sub. (2), and either
7terminates any order specified in sub. (2) (a) or dismisses any proceeding in which
8the child is adjudicated to be in need of protection or services as specified in sub. (2)
9(a), the county department or, as provided in s. 48.623 (3) (a),
an Indian tribe or the
10department shall provide monthly subsidized guardianship payments to the
11guardian under s. 48.623 (1).
SB70-SSA2,281
12Section 281
. 48.977 (3r) (b) of the statutes is amended to read: