AB43: Bill Text

AB43,,2136 48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative provider or is receiving payments under s. 48.62 (4) for providing care and maintenance for the child.

AB43,882 Section 882. 48.43 (5) (b) 1. of the statutes is amended to read:

AB43,,2138 48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, place, and purpose of the hearing to the agency that prepared the report, the child’s guardian, the child, and the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living.

AB43,883 Section 883. 48.43 (5) (b) 3. of the statutes is amended to read:

AB43,,2140 48.43 (5) (b) 3. The court shall give a foster parent, operator of a facility, or relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent, operator, or relative or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, operator of a facility, or relative or like-kin does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

AB43,884 Section 884. 48.43 (5m) of the statutes is amended to read:

AB43,,2142 48.43 (5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, to the child’s guardian, to the child’s foster parent, the operator of the facility in which the child is living, or the relative or like-kin with whom the child is living, and, if the order under sub. (1) involuntarily terminated parental rights to an Indian child, to the Indian child’s tribe.

AB43,885 Section 885. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB43,,2144 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB43,886 Section 886. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB43,,2146 CHAPTER 48

AB43,,2149 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB43,887 Section 887. 48.44 of the statutes is amended to read:

AB43,,2151 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB43,888 Section 888. 48.45 (1) (a) of the statutes is amended to read:

AB43,,2153 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB43,889 Section 889. 48.45 (1) (am) of the statutes is amended to read:

AB43,,2155 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child’s expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB43,890 Section 890. 48.45 (3) of the statutes is amended to read:

AB43,,2157 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney’s judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB43,891 Section 891. 48.48 (8r) of the statutes is amended to read:

AB43,,2159 48.48 (8r) To reimburse county departments and Indian tribes, from the appropriations under s. 20.437 (1) (dd) and (pd), for subsidized guardianship payments made under s. 48.623 (1) or (6), including guardianships of Indian children ordered by tribal courts.

AB43,892 Section 892. 48.48 (17m) of the statutes is created to read:

AB43,,2161 48.48 (17m) (a) To provide intensive family preservation services or to provide funding to county departments, nonprofit or for-profit corporations, Indian tribes, or licensed child welfare agencies under contract with the department or a county department to provide intensive family preservation services. In this subsection, “intensive family preservation services” means evidence-informed services that are targeted to prevent the removal of children from the home under this chapter or ch. 938, to promote the safety of children in the home, or to provide services to children who are placed in out-of-home care or who are involved in the juvenile justice system.

AB43,,2162 (b) To provide support for intensive family preservation services provided by the department, county departments, nonprofit corporations, Indian tribes, or licensed child welfare agencies, including any of the following:

AB43,,2163 1. Training, coaching, quality assurance, data collection and analysis, and funding for certification or licensing for implementation of the services.

AB43,,2164 2. Purchasing or subsidizing the purchase of the services described in subd. 1.

AB43,,2165 (c) To develop criteria, standards, and review procedures for the administration of this subsection. Notwithstanding s. 227.10 (1), the criteria, standards, and review procedures established under this paragraph need not be promulgated as rules under ch. 227.

AB43,893 Section 893. 48.48 (19) of the statutes is repealed.

AB43,894 Section 894. 48.48 (22) of the statutes is created to read:

AB43,,2168 48.48 (22) To create, maintain, and require use of for placement purposes a group care referral clearinghouse. The department may promulgate rules necessary for the implementation of this subsection.

AB43,895 Section 895. 48.481 (title) of the statutes is amended to read:

AB43,,2170 48.481 (title) Grants for children’s community programs youth services.

AB43,896 Section 896. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

AB43,,2172 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:

AB43,897 Section 897. 48.481 (1) of the statutes is repealed.

AB43,898 Section 898. 48.481 (1m) of the statutes is created to read:

AB43,,2175 48.481 (1m) In this section:

AB43,,2176 (a) “Nonprofit corporation” means a nonstock, nonprofit corporation organized under ch. 181.

AB43,,2177 (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.

AB43,899 Section 899. 48.481 (2) of the statutes is repealed.

****Note: This is reconciled s. 48.481 (2). This Section has been affected by drafts with the following LRB numbers: -0860/P1 and -0878/P4.

AB43,900 Section 900. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

AB43,,2180 48.481 (2m) (a) Increasing youth access to housing.

AB43,,2181 (b) Increasing youth self-sufficiency through employment, education, and training.

AB43,,2182 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

AB43,,2183 (d) Preventing sex trafficking of children and youth.

AB43,,2184 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.

AB43,,2185 (f) Preventing and reducing the incidence of youth violence and other delinquent behavior.

AB43,,2186 (g) Preventing and reducing the incidence of youth alcohol and other drug use and abuse.

AB43,,2187 (h) Preventing and reducing the incidence of child abuse and neglect.

AB43,,2188 (i) Preventing and reducing the incidence of teen pregnancy.

AB43,,2189 (3) From the appropriations under s. 20.437 (1) (bc) and (kb), the department shall distribute $55,000 in each fiscal year to Diverse and Resilient, Inc., to provide programs that accomplish one or more of the purposes under sub. (2m).

AB43,901 Section 901. 48.483 of the statutes is created to read:

AB43,,2191 48.483 Sibling connections scholarships. From the appropriation under s. 20.437 (1) (dm), the department shall award scholarships to adopted children and their biological siblings who do not reside in the same household to attend programs together in order to build sibling connections.

AB43,902 Section 902. 48.526 (3) (e) of the statutes is amended to read:

AB43,,2193 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county’s base allocation.

AB43,903 Section 903. 48.526 (3) (em) of the statutes is repealed.

AB43,904 Section 904. 48.526 (7) (intro.) of the statutes is amended to read:

AB43,,2196 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021 2023, and ending on June 30, 2023 2025, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB43,905 Section 905. 48.526 (7) (a) of the statutes is amended to read:

AB43,,2198 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 $48,089,350 for the last 6 months of 2021 2023, $95,481,500 $96,178,700 for 2022 2024, and $47,740,750 $48,089,350 for the first 6 months of 2023 2025.

AB43,906 Section 906. 48.526 (7) (b) (intro.) of the statutes is amended to read:

AB43,,2200 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2021 2023, $4,000,000 for 2022 2024, and $2,000,000 for the first 6 months of 2023 2025 to counties based on each of the following factors weighted equally:

AB43,907 Section 907. 48.526 (7) (bm) of the statutes is amended to read:

AB43,,2202 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2021 2023, $12,500,000 for 2022 2024, and $6,250,000 for the first 6 months of 2023 2025 to counties based on each county’s proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

AB43,908 Section 908. 48.526 (7) (c) of the statutes is amended to read:

AB43,,2204 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2021 2023, $2,106,500 for 2022 2024, and $1,053,300 for the first 6 months of 2023 2025 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB43,909 Section 909. 48.526 (7) (e) of the statutes is repealed.

AB43,910 Section 910. 48.526 (7) (h) of the statutes is repealed.

AB43,911 Section 911. 48.526 (8) of the statutes is repealed.

AB43,912 Section 912. 48.5275 of the statutes is created to read:

AB43,,2209 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

AB43,913 Section 913. 48.528 of the statutes is repealed and recreated to read:

AB43,,2211 48.528 Youth justice system improvement program. From the appropriations under s. 20.437 (1) (cm) and (kp), in each fiscal year the department may expend funds for the following purposes:

AB43,,2212 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth or promote successful outcomes for all youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

AB43,,2213 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB43,,2214 (3) To fund activities required of the department under s. 48.526 (1).

AB43,914 Section 914. 48.53 of the statutes is created to read:

AB43,,2216 48.53 Grants to support foster parents and children. From the appropriation account under s. 20.437 (1) (bg), the department shall distribute grants to counties, nonprofit organizations, or tribes for the purpose of supporting foster parents and providing normalcy for children in out-of-home care.

AB43,915 Section 915. 48.545 of the statutes is repealed.

AB43,916 Section 916. 48.563 (2) of the statutes is amended to read:

AB43,,2219 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $101,154,200 in fiscal year 2021-22 and $101,162,800 $101,564,700 in fiscal year 2022-23 2023-24 and $101,961,600 in fiscal year 2024-25.

AB43,917 Section 917. 48.57 (3m) (a) 1. b. of the statutes is amended to read:

AB43,,2221 48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB43,918 Section 918. 48.57 (3m) (a) 2. of the statutes is amended to read:

AB43,,2223 48.57 (3m) (a) 2. “Kinship care relative provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.

AB43,919 Section 919. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB43,,2225 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $300 per month beginning on January 1, 2022, to a kinship care relative provider who is providing care and maintenance for a child if all of the following conditions are met: