AB557: Bill Text

AB557,38 Section 38. 48.57 (3m) (a) 1. b. of the statutes is amended to read:

AB557,,80 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).

AB557,39 Section 39. 48.57 (3m) (a) 2. of the statutes is amended to read:

AB557,,82 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.

AB557,40 Section 40. 48.57 (3m) (am) (intro.) of the statutes, as affected by Wisconsin Act 19, is amended to read:

AB557,,84 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 per month in the amount of $375 beginning on January 1, 2024, to a kinship care relative provider who is providing care and maintenance for a child if all of the following conditions are met:

AB557,41 Section 41. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB557,,86 48.57 (3m) (am) 1. The kinship care relative provider applies to the county department or department for payments under this subsection and, if the child is placed in the home of the kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a foster home.

AB557,42 Section 42. 48.57 (3m) (am) 1m. of the statutes is amended to read:

AB557,,88 48.57 (3m) (am) 1m. The county department or department determines that there is a need for the child to be placed with the kinship care relative provider and that the placement with the kinship care relative provider is in the best interests of the child.

AB557,43 Section 43. 48.57 (3m) (am) 4. of the statutes is amended to read:

AB557,,90 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative provider, any employee and prospective employee of the kinship care relative provider who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative’s provider’s home to determine if the kinship care relative provider, employee, prospective employee or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child.

AB557,44 Section 44. 48.57 (3m) (am) 4m. of the statutes is amended to read:

AB557,,92 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the kinship care relative provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child.

AB557,45 Section 45. 48.57 (3m) (am) 5. of the statutes is amended to read:

AB557,,94 48.57 (3m) (am) 5. The kinship care relative provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.

AB557,46 Section 46. 48.57 (3m) (am) 5m. of the statutes is amended to read:

AB557,,96 48.57 (3m) (am) 5m. The kinship care relative provider is not receiving payments under sub. (3n) with respect to the child.

AB557,47 Section 47. 48.57 (3m) (am) 6. of the statutes is amended to read:

AB557,,98 48.57 (3m) (am) 6. The child for whom the kinship care relative provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB557,48 Section 48. 48.57 (3m) (ap) 1. of the statutes is amended to read:

AB557,,100 48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the kinship care relative provider under a court order for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the kinship care relative provider for a license to operate a foster home or, if the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure.

AB557,49 Section 49. 48.57 (3m) (ap) 2. of the statutes is amended to read:

AB557,,102 48.57 (3m) (ap) 2. If the application specified in subd. 1. is not approved or denied or the kinship care relative provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure.

AB557,50 Section 50. 48.57 (3m) (ap) 3. of the statutes is amended to read:

AB557,,104 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care relative provider specified in subd. 1. is denied or the kinship care relative provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the kinship care relative provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the kinship care relative’s provider’s home and the ability of the kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative’s provider’s home. If the court does not order the child to remain in the kinship care relative’s provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement.

AB557,51 Section 51. 48.57 (3m) (b) 2. of the statutes is amended to read:

AB557,,106 48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child’s parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB557,52 Section 52. 48.57 (3m) (cm) of the statutes is amended to read:

AB557,,108 48.57 (3m) (cm) A kinship care relative provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.

AB557,53 Section 53. 48.57 (3m) (h) of the statutes is amended to read:

AB557,,110 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the kinship care relative’s provider’s monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB557,54 Section 54. 48.57 (3m) (i) 1. of the statutes is amended to read:

AB557,,112 48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether a kinship care relative provider who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

AB557,55 Section 55. 48.57 (3n) (a) 1. b. of the statutes is amended to read:

AB557,,114 48.57 (3n) (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 long-term 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).

AB557,56 Section 56. 48.57 (3n) (a) 2. of the statutes is amended to read:

AB557,,116 48.57 (3n) (a) 2. “Long-term 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.

AB557,57 Section 57. 48.57 (3n) (am) (intro.) of the statutes, as affected by Wisconsin Act 19, is amended to read:

AB557,,118 48.57 (3n) (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 monthly payments for each child per month in the amount of $375 beginning on January 1, 2024, to a long-term kinship care relative provider who is providing care and maintenance for that child if all of the following conditions are met:

AB557,58 Section 58. 48.57 (3n) (am) 1. of the statutes is amended to read:

AB557,,120 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the county department or department for payments under this subsection, provides proof that he or she has been appointed as the guardian of the child, and, if the child is placed in the home of the long-term kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the county department or department for a license to operate a foster home.

AB557,59 Section 59. 48.57 (3n) (am) 2. of the statutes is amended to read:

AB557,,122 48.57 (3n) (am) 2. The county department or department inspects the long-term kinship care relative’s provider’s home, interviews the long-term kinship care relative provider and determines that long-term placement with the long-term kinship care relative provider is in the best interests of the child.

AB557,60 Section 60. 48.57 (3n) (am) 4. of the statutes is amended to read:

AB557,,124 48.57 (3n) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care relative provider, the employees and prospective employees of the long-term kinship care relative provider who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a), of the long-term kinship care relative’s provider’s home to determine if the long-term kinship care relative provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care relative’s provider’s ability to care for the child.

AB557,61 Section 61. 48.57 (3n) (am) 4m. of the statutes is amended to read:

AB557,,126 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care relative provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care relative’s provider’s ability to care for the child and that, to the best of the long-term kinship care relative’s provider’s knowledge, no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the long-term kinship care relative provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care relative’s provider’s ability to care for the child.

AB557,62 Section 62. 48.57 (3n) (am) 5. of the statutes is amended to read:

AB557,,128 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.

AB557,63 Section 63. 48.57 (3n) (am) 5m. of the statutes is amended to read:

AB557,,130 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not receiving payments under sub. (3m) with respect to the child.

AB557,64 Section 64. 48.57 (3n) (am) 5r. of the statutes is amended to read:

AB557,,132 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB557,65 Section 65. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:

AB557,,134 48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the county department or department enter into a written agreement under which the long-term kinship care relative provider agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care relative provider at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:

AB557,66 Section 66. 48.57 (3n) (am) 6. c. of the statutes is amended to read:

AB557,,136 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term kinship care relative’s provider’s home under a court order or under a voluntary agreement under s. 48.63 (1) (a) or (b) or (5) (b).

AB557,67 Section 67. 48.57 (3n) (am) 6. d. of the statutes is amended to read:

AB557,,138 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the long-term kinship care relative provider.

AB557,68 Section 68. 48.57 (3n) (am) 6. e. of the statutes is amended to read:

AB557,,140 48.57 (3n) (am) 6. e. The date on which the long-term kinship care’s care provider’s guardianship under s. 48.977 terminates.

AB557,69 Section 69. 48.57 (3n) (ap) 1. of the statutes is amended to read:

AB557,,142 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a long-term kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative provider for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the long-term kinship care relative provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure.

AB557,70 Section 70. 48.57 (3n) (ap) 2. of the statutes is amended to read:

AB557,,144 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or denied or the long-term kinship care relative provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care relative provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure.

AB557,71 Section 71. 48.57 (3n) (ap) 3. of the statutes is amended to read:

AB557,,146 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care relative provider specified in subd. 1. is denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the long-term kinship care relative provider until an event specified in par. (am) 6. a. to f. occurs if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the long-term kinship care relative’s provider’s home and the ability of the long-term kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative’s provider’s home. If the court does not order the child to remain in the kinship care relative’s provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order.

AB557,72 Section 72. 48.57 (3n) (b) 2. of the statutes is amended to read:

AB557,,148 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child’s parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB557,73 Section 73. 48.57 (3n) (cm) of the statutes is amended to read:

AB557,,150 48.57 (3n) (cm) A long-term kinship care relative provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.

AB557,74 Section 74. 48.57 (3n) (h) of the statutes is amended to read:

AB557,,152 48.57 (3n) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care relative’s provider’s monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB557,75 Section 75. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:

AB557,,154 48.57 (3p) (h) 3. (intro.) The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:

AB557,76 Section 76. 48.57 (3p) (h) 3. b. of the statutes is amended to read:

AB557,,156 48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative provider to care for the child.

AB557,77 Section 77. 48.57 (3p) (h) 4. of the statutes is amended to read:

AB557,,158 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.

AB557,78 Section 78. 48.60 (2) (a) of the statutes is amended to read:

AB557,,160 48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and custody of a child under s. 48.979 who provides care and maintenance for such children.

AB557,79 Section 79. 48.62 (2) of the statutes is amended to read:

AB557,,162 48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care and custody of a child under s. 48.979 who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home to a relative or like-kin who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the guardian’s home as a foster home for the guardian’s minor ward who is living in the home and who is placed in the home by court order. Relatives and like-kin with no duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the department’s licensing rules.

AB557,80 Section 80. 48.64 (1) of the statutes is amended to read:

AB557,,164 48.64 (1) Definition. In this section, “agency” means the department, the department of corrections, a county department under s. 46.215, 46.22, or 46.23, or a licensed child welfare agency authorized to place children in foster homes, group homes, or shelter care facilities approved under s. 938.22 (2) (c) or, in the homes of relatives other than a parent, or in the homes of like-kin.

AB557,81 Section 81. 48.64 (1m) of the statutes is amended to read:

AB557,,166 48.64 (1m) Out-of-home care agreements. If an agency places a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin under a court order or places a child in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home or facility. The agreement shall provide that the agency shall have access at all times to the child and the home or facility, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require release to the agency. If a child has been in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed from a foster home, group home, or home of a relative other than a parent or the home of like-kin before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 applies. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing, or medical treatment.

AB557,82 Section 82. 48.64 (2) of the statutes is amended to read: