Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,92,12 48.623 (7) (a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub. (1) (1r) may request that an agreement made under sub. (2) be amended to increase the amount of those payments.

AB50-ASA2-AA8,161 Section 161. 48.623 (7) (c) of the statutes is amended to read:

AB50-ASA2-AA8,92,20 48.623 (7) (c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub. (3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub. (1) (1r).

AB50-ASA2-AA8,162 Section 162. 48.623 (7) (dm) of the statutes is amended to read:

AB50-ASA2-AA8,92,24 48.623 (7) (dm) Rules establishing the conditions that must be met in order for a person specified in sub. (1) (1r) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub. (1) (1r).

AB50-ASA2-AA8,163 Section 163. 48.623 (8) (b) of the statutes is amended to read:

AB50-ASA2-AA8,93,5 48.623 (8) (b) A county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments.

AB50-ASA2-AA8,164 Section 164. 48.977 (title) of the statutes is amended to read:

AB50-ASA2-AA8,93,9 48.977 (title) Appointment of guardians for certain children or juveniles in need of protection or services or juveniles adjudged delinquent.

AB50-ASA2-AA8,165 Section 165. 48.977 (2) (a) of the statutes is amended to read:

AB50-ASA2-AA8,93,22 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1), or that the child has been adjudged to be delinquent under s. 938.12 and has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 938.33 (1).

AB50-ASA2-AA8,166 Section 166. 48.977 (3r) (a) of the statutes is amended to read:

AB50-ASA2-AA8,94,17 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) (1r) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or has been adjudged delinquent as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) (1r) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services or is adjudged delinquent as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1) (1r).

AB50-ASA2-AA8,167 Section 167. 48.977 (3r) (b) of the statutes is amended to read:

AB50-ASA2-AA8,95,9 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or adjudged delinquent as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).

AB50-ASA2-AA8,168 Section 168. 48.977 (4) (a) 8. of the statutes is amended to read:

AB50-ASA2-AA8,95,14 48.977 (4) (a) 8. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938 or the child’s placement with the guardian is recommended under ch. 938, the person representing the interests of the public under s. 938.09.

AB50-ASA2-AA8,169 Section 169. 48.977 (4) (b) 3. of the statutes is amended to read:

AB50-ASA2-AA8,96,4 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended, or, if the child has been adjudged delinquent under s. 938.12, the date on which the child was adjudged delinquent, and the dates on which the child has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 938.365 or, if the child has been so adjudged but not so placed, the date of the report under s. 938.33 (1).

AB50-ASA2-AA8,170 Section 170. 48.977 (4) (c) 1. h. of the statutes is amended to read:

AB50-ASA2-AA8,96,8 48.977 (4) (c) 1. h. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938, the person representing the interests of the public under s. 938.09.

AB50-ASA2-AA8,171 Section 171. 48.977 (4) (i) of the statutes is amended to read:

AB50-ASA2-AA8,96,12 48.977 (4) (i) Effect of disposition on permanency review process. After a disposition under par. (h), the child’s permanency plan shall continue to be reviewed under s. ss. 48.38 (5) and 938.38 (5), if applicable.

AB50-ASA2-AA8,172 Section 172. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 6. a. and amended to read:

AB50-ASA2-AA8,96,17 938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if.

AB50-ASA2-AA8,96,22 b. If the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under subd. 6. a., a finding that the juvenile’s current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.

AB50-ASA2-AA8,97,7 c. The court order under subd. 6. a. or b. shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement.

AB50-ASA2-AA8,97,14 d. The court shall make the findings specified in this subdivision 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 court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB50-ASA2-AA8,173 Section 173. 938.38 (2) (f) of the statutes is amended to read:

AB50-ASA2-AA8,97,18 938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1) (1r).

AB50-ASA2-AA8,174 Section 174. 938.38 (4) (j) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,97,22 938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB50-ASA2-AA8,175 Section 175. 938.38 (4) (j) 3. of the statutes is amended to read:

AB50-ASA2-AA8,98,4 938.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

AB50-ASA2-AA8,176 Section 176. 938.38 (4) (j) 4. of the statutes is amended to read:

AB50-ASA2-AA8,98,8 938.38 (4) (j) 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

AB50-ASA2-AA8,177 Section 177. 938.38 (4) (j) 5. of the statutes is amended to read:

AB50-ASA2-AA8,98,14 938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB50-ASA2-AA8,178 Section 178. DCF 55.02 (5g) (b) 2. of the administrative code is repealed.

AB50-ASA2-AA8,9406 Section 9406. Effective dates; Children and Families.

AB50-ASA2-AA8,98,19 (1) Expanding eligibility for subsidized guardianships and kinship care payments. Notwithstanding s. 227.265, the repeal of s. DCF 55.02 (5g) (b) 2., Wis. Adm. Code, takes effect on the day after publication.”.

AB50-ASA2-AA8,98,20 26. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,99,5 “Section 1m. 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

AB50-ASA2-AA8,179 Section 179. 20.437 (1) (bd) of the statutes is created to read:

AB50-ASA2-AA8,99,8 20.437 (1) (bd) Tribal family services grants. The amounts in the schedule for tribal family services grants under s. 48.487.

AB50-ASA2-AA8,180 Section 180. 20.437 (1) (bn) of the statutes is created to read:

AB50-ASA2-AA8,99,13 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.

AB50-ASA2-AA8,181 Section 181. 48.48 (8p) of the statutes is amended to read:

AB50-ASA2-AA8,99,22 48.48 (8p) To reimburse tribes and county departments, from the appropriation appropriations under s. 20.437 (1) (bn) and (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies. In this subsection, “unusually high-cost out-of-home care placements” means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies, exceeds $50,000 in a fiscal year.

AB50-ASA2-AA8,182 Section 182. 48.487 (1m) of the statutes is amended to read:

AB50-ASA2-AA8,100,6 48.487 (1m) Tribal family services grants. From the appropriation account appropriations under s. 20.437 (1) (bd) and (js), the department may distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b), (6), and (7) as determined by that body.”.

AB50-ASA2-AA8,100,7 27. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,100,8 “Section 183. 231.01 (5w) of the statutes is amended to read:

AB50-ASA2-AA8,100,14 231.01 (5w) “Participating educational institution” means an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB50-ASA2-AA8,184 Section 184. 231.01 (6) of the statutes is amended to read:

AB50-ASA2-AA8,100,21 231.01 (6) “Participating health institution” means an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB50-ASA2-AA8,185 Section 185. 231.01 (6m) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,101,4 231.01 (6m) (intro.) “Participating nonprofit institution” means a nonprofit entity, or an affiliate of a nonprofit entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter and is not any of the following:

AB50-ASA2-AA8,186 Section 186. 231.01 (6t) of the statutes is amended to read:

AB50-ASA2-AA8,101,11 231.01 (6t) “Participating research institution” means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.”.

AB50-ASA2-AA8,101,12 28. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,101,13 “Section 187. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,102,2 49.155 (1m) (a) (intro.) Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative an individual who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual’s eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

AB50-ASA2-AA8,188 Section 188. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB50-ASA2-AA8,102,11 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child’s biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB50-ASA2-AA8,189 Section 189. 49.155 (1m) (cm) 3. of the statutes is amended to read:

AB50-ASA2-AA8,102,15 49.155 (1m) (cm) 3. A relative of the child An individual who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

AB50-ASA2-AA8,190 Section 190. 49.46 (1) (a) 16. of the statutes is amended to read:

AB50-ASA2-AA8,102,19 49.46 (1) (a) 16. Any child who is living with a relative an individual who is eligible to receive payments under s. 48.57 (3m) or (3n) with respect to that child, if the department determines that no other insurance is available to the child.”.

AB50-ASA2-AA8,102,20 29. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,102,22 “Section 191. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

AB50-ASA2-AA8,103,10 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), and if all of the following conditions are met, beginning on January 1, 2026, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments per month to a kinship care provider who is providing care and maintenance for a child in the amount of $375 beginning on January 1, 2024, to a kinship care provider who is providing care and maintenance for a child if all of the following conditions are met $463 for a child under 5 years of age; $507 for a child 5 to 11 years of age; $575 for a child 12 to 14 years of age; and $601 for a child 15 years of age or over:

AB50-ASA2-AA8,192 Section 192. 48.57 (3m) (an) of the statutes is created to read:

AB50-ASA2-AA8,103,19 48.57 (3m) (an) In addition to the monthly payments for kinship care under par. (am), the department or the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 3.

AB50-ASA2-AA8,193 Section 193. 48.57 (3m) (ar) and (at) of the statutes are created to read:

AB50-ASA2-AA8,104,2 48.57 (3m) (ar) In addition to the monthly payments for kinship care under par. (ap), the department or, with the department’s approval, the county department may make emergency payments for kinship care to kinship care providers who are providing care and maintenance for children residing in the home of kinship care providers under a court order if any of the following conditions are met:

AB50-ASA2-AA8,104,5 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the home of the kinship care provider.

AB50-ASA2-AA8,104,8 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home of the kinship care provider.

AB50-ASA2-AA8,104,12 3. The department has determined that conditions in this state or in the locality of the home of the kinship care provider have resulted in a temporary increase in the costs borne by kinship care providers. Those conditions may include any of the following:

AB50-ASA2-AA8,104,13 a. A pandemic or other public health threat.

AB50-ASA2-AA8,104,14 b. A natural disaster.

AB50-ASA2-AA8,104,15 c. Unplanned school closures of 5 consecutive days or more.

AB50-ASA2-AA8,104,17 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

AB50-ASA2-AA8,194 Section 194. 48.57 (3m) (i) 3. of the statutes is created to read:

AB50-ASA2-AA8,104,22 48.57 (3m) (i) 3. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for a child residing in the home of a kinship care provider who is receiving a monthly rate under par. (am).

AB50-ASA2-AA8,195 Section 195. 48.57 (3m) (j) of the statutes is created to read:

AB50-ASA2-AA8,105,2 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).