AB50-ASA2-AA8,107,232248.62 (8m) The department may promulgate rules governing the provision of 23emergency payments to foster homes under sub. (5). AB50-ASA2-AA8,20324Section 203. DCF 56.23 (1) (c) of the administrative code is repealed. AB50-ASA2-AA8,204
1Section 204. DCF 58.08 (9) (c) and (d) of the administrative code are created 2to read: AB50-ASA2-AA8,108,73DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to 4a relative caregiver who is receiving kinship care payments or long-term kinship 5care payments an exceptional payment to enable siblings or a minor parent and 6minor children to reside together, subject to a maximum payment amount 7determined by the department. AB50-ASA2-AA8,108,128(d) Initial clothing allowance. A kinship care agency may pay an initial 9clothing allowance to a relative caregiver when the relative caregiver is initially 10approved by the kinship care agency. The amount of the initial clothing allowance 11shall be the actual cost of the clothing not to exceed a maximum determined by the 12department. AB50-ASA2-AA8,108,1414(1) Foster and kinship care rates. AB50-ASA2-AA8,108,2115(a) In the schedule under s. 20.005 (3) for the appropriation to the department 16of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 172025-26 is increased by $6,933,800 to provide increased monthly payments for 18foster care and kinship care. In the schedule under s. 20.005 (3) for the 19appropriation to the department of children and families under s. 20.437 (2) (md), 20the dollar amount for fiscal year 2026-27 is increased by $14,000,800 to provide 21increased monthly payments for foster care and kinship care. AB50-ASA2-AA8,109,422(b) In the schedule under s. 20.005 (3) for the appropriation to the department 23of children and families under s. 20.437 (1) (b), the dollar amount for fiscal year 242025-26 is increased by $1,331,200 to provide increased monthly payments for
1foster care and kinship care. In the schedule under s. 20.005 (3) for the 2appropriation to the department of children and families under s. 20.437 (1) (b), the 3dollar amount for fiscal year 2026-27 is increased by $2,661,500 to provide 4increased monthly payments for foster care and kinship care. AB50-ASA2-AA8,109,86(1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) 7(am) (intro.) and (3n) (am) (intro.) and 48.62 (4) (a) takes effect on January 1, 2026, 8or on the day after publication, whichever is later.”. AB50-ASA2-AA8,109,1610“Section 205. 20.005 (3) (schedule) of the statutes: at the appropriate place, 11insert the following amounts for the purposes indicated: AB50-ASA2-AA8,109,191820.437 (2) (d) Child care partnership grant program. The amounts in the 19schedule for the grants under s. 49.132. AB50-ASA2-AA8,109,232149.132 Child care partnership grant program. (1) In this section, 22“business” means a governmental entity, an organization or enterprise operated for 23profit, or a nonprofit corporation. AB50-ASA2-AA8,110,5
1(2) The department may establish a grant program to award funding to 2businesses that provide or wish to provide child care services for their employees. A 3grant awarded under this program may be used to reserve child care placements for 4local business employees, pay child care tuition, and other costs related to child 5care. AB50-ASA2-AA8,110,96(3) A business awarded a grant under this section shall provide matching 7funds equal to 10 percent or more of the amount awarded if the business has 50 or 8fewer employees and 15 percent or more of the amount awarded if the business has 9more than 50 employees. AB50-ASA2-AA8,110,1110(4) The department may promulgate rules to administer this section, 11including to determine eligibility for a grant. AB50-ASA2-AA8,110,2113(1) Child care partnership grant program; emergency rule making. 14The department of children and families may promulgate emergency rules under s. 15227.24 to implement s. 49.132. Notwithstanding s. 227.24 (1) (c) and (2), emergency 16rules promulgated under this subsection remain in effect until July 1, 2027, or the 17date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 18227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence 19that promulgating a rule under this subsection as an emergency rule is necessary 20for the preservation of the public peace, health, safety, or welfare and is not required 21to provide a finding of emergency for a rule promulgated under this subsection. AB50-ASA2-AA8,111,523(1) Child care partnership grant program. In the schedule under s. 2420.005 (3) for the appropriation to the department of children and families under s.
120.437 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $162,400 to 2support the program under s. 49.132. In the schedule under s. 20.005 (3) for the 3appropriation to the department of children and families under s. 20.437 (1) (a), the 4dollar amount for fiscal year 2026-27 is increased by $351,500 to support the 5program under s. 49.132.”. AB50-ASA2-AA8,111,22820.437 (2) (r) Support receipt and disbursement program; payments. From 9the support collections trust fund, except as provided in par. (qm), all moneys 10received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all 11moneys received under ss. 767.57 and 767.75 for child or family support, 12maintenance, spousal support, health care expenses, or birth expenses, all other 13moneys received under judgments or orders in actions affecting the family, as 14defined in s. 767.001 (1), and all moneys received under s. 49.855 (4) from the 15department of revenue or the department of administration that were withheld by 16the department of revenue or the internal revenue service for delinquent child 17support, family support, or maintenance or outstanding court-ordered amounts for 18past support, medical expenses, or birth expenses, for disbursement to the persons 19for whom the payments are awarded, and, if assigned under s. 48.57 (3m) (b) 2. or 20(3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm), for transfer 21to the appropriation account under par. (k). Estimated disbursements under this 22paragraph shall not be included in the schedule under s. 20.005. AB50-ASA2-AA8,112,42446.10 (1) Liability and the collection and enforcement of such liability for the
1care, maintenance, services, and supplies specified in this section is governed 2exclusively by this section, except in cases of child support ordered by a court under 3s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or ch. 767 or s. 48.355 (2) 4(b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats. AB50-ASA2-AA8,112,15646.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 7(5m) (a), or 48.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 8stats., for support determined under this subsection constitutes an assignment of 9all commissions, earnings, salaries, wages, pension benefits, income continuation 10insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits 11under ch. 102 or 108, and other money due or to be due in the future to the county 12department under s. 46.22 or 46.23 in the county where the order was entered or to 13the department, depending upon the placement of the child as specified by rules 14promulgated under subd. 5. The assignment shall be for an amount sufficient to 15ensure payment under the order. AB50-ASA2-AA8,113,22248.36 (4) (a) The county department or the department may, based on criteria 23established by the department by rule, refer to the attorney responsible for support
1enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for 2whom an out-of-home care placement has been ordered under s. 48.355 or 48.357. AB50-ASA2-AA8,113,43(b) The department shall promulgate rules establishing criteria for when it is 4appropriate for a child support referral to be made under par. (a). AB50-ASA2-AA8,113,10648.363 (2) If the court revises a dispositional order entered prior to July 1, 72026, with respect to the amount of child support to be paid by a parent for the care 8and maintenance of the parent’s minor child who has been placed by a court order 9under this chapter in a residential, nonmedical facility, the court shall determine 10the liability of the parent in the manner provided in s. 49.345 (14). AB50-ASA2-AA8,113,191349.345 (1) Liability and the collection and enforcement of such liability for the 14care, maintenance, services, and supplies specified in this section are governed 15exclusively by this section, except in cases of child support ordered by a court under 16s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 174. (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 or s. 48.355 (2) (b) 4., 2023 18stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 19(5m) (a), 2023 stats. AB50-ASA2-AA8,22020Section 220. 49.345 (14) (e) 1. of the statutes is amended to read: AB50-ASA2-AA8,114,82149.345 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 22(5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. (4g) (a), 938.357 (5m) (a), or 23938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 24938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for support
1determined under this subsection constitutes an assignment of all commissions, 2earnings, salaries, wages, pension benefits, income continuation insurance benefits 3under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, 4and other money due or to be due in the future to the county department under s. 546.215, 46.22, or 46.23 in the county where the order was entered or to the 6department, depending upon the placement of the child as specified by rules 7promulgated under subd. 5. The assignment shall be for an amount sufficient to 8ensure payment under the order. AB50-ASA2-AA8,114,1410301.12 (1) Liability and the collection and enforcement of such liability for the 11care, maintenance, services, and supplies specified in this section is governed 12exclusively by this section, except in cases of child support ordered by a court under 13s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 14or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats. AB50-ASA2-AA8,22215Section 222. 301.12 (14) (e) 1. of the statutes is amended to read: AB50-ASA2-AA8,115,216301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) 17(a), 938.357 (5m) (a), or 938.363 (2) or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 18(5m) (a), 2023 stats., for support determined under this subsection constitutes an 19assignment of all commissions, earnings, salaries, wages, pension benefits, income 20continuation insurance benefits under s. 40.62, duty disability benefits under s. 2140.65, benefits under ch. 102 or 108, and other money due or to be due in the future 22to the county department under s. 46.215, 46.22, or 46.23 in the county where the 23order was entered or to the department, depending upon the placement of the child
1as specified by rules promulgated under subd. 5. The assignment shall be for an 2amount sufficient to ensure payment under the order. AB50-ASA2-AA8,115,84767.001 (1) (m) To enforce or revise an order for support entered under s. 548.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. 6or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 748.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 82023 stats. AB50-ASA2-AA8,115,1610767.511 (1m) (hm) The best interests of the child, including, with respect to a 11child placed with an out-of-home care provider under ch. 48 or 938, the impact on 12the child of expenditures by the family for improvement of any conditions in the 13home that would facilitate the reunification of the child with the child’s family, if 14appropriate, and the importance of a placement that is the least restrictive of the 15rights of the child and the parents and the most appropriate for meeting the needs 16of the child and the family. AB50-ASA2-AA8,115,2318767.521 Action by state for child support. (intro.) The state or its 19delegate under s. 49.22 (7) shall bring an action for support of a minor child under 20s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if 21the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) 22(b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the 23following apply: AB50-ASA2-AA8,22624Section 226. 767.55 (3) (a) 2. of the statutes is amended to read: AB50-ASA2-AA8,116,2
1767.55 (3) (a) 2. The child’s right to support is assigned to the state under s. 248.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. AB50-ASA2-AA8,116,74767.57 (1m) (c) The party entitled to the support or maintenance money or a 5minor child of the party has applied for or is receiving aid under s. 48.645 or public 6assistance under ch. 49 and there is an assignment to the state under s. 48.645 (3) 7or 49.19 (4) (h) 1. b. of the party’s right to the support or maintenance money. AB50-ASA2-AA8,117,49767.57 (2) Procedure if recipient on public assistance. If a party 10entitled to maintenance or support, or both, is receiving public assistance under ch. 1149, the party may assign the party’s right to support or maintenance to the county 12department under s. 46.215, 46.22, or 46.23 granting the assistance. The 13assignment shall be approved by order of the court granting the maintenance or 14support. The assignment may not be terminated if there is a delinquency in the 15amount to be paid to the assignee of maintenance and support previously ordered 16without the written consent of the assignee or upon notice to the assignee and a 17hearing. When an assignment of maintenance or support, or both, has been 18approved by the order, the assignee shall be deemed a real party in interest within 19s. 803.01 solely for the purpose of securing payment of unpaid maintenance or 20support ordered to be paid, by participating in proceedings to secure the payment of 21unpaid amounts. Notwithstanding assignment under this subsection, and without 22further order of the court, the department or its designee, upon receiving notice 23that a party or a minor child of the parties is receiving aid under s. 48.645 or public 24assistance under ch. 49 or that a kinship care provider or long-term kinship care
1provider of the minor child is receiving kinship care payments or long-term kinship 2care payments for the minor child, shall forward all support assigned under s. 48.57 3(3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee 4under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19). AB50-ASA2-AA8,117,136767.57 (4) Procedure for certain child recipients. If an order or 7judgment providing for the support of one or more children not receiving aid under 8s. 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the 9beneficiary of aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, any support payment 10made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. 11or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate 12share of the minor receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, except 13as otherwise ordered by the court on the motion of a party. AB50-ASA2-AA8,117,2215767.59 (1) Definition. In this section, “support or maintenance order” 16means a judgment or order providing for child support under this chapter or s. 1748.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. 18or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7), or s. 48.355 (2) (b) 4., 2023 19stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 20(5m) (a), 2023 stats., for maintenance payments under s. 767.56, for family support 21payments under s. 767.531, 2019 stats., or for the appointment of trustees or 22receivers under s. 767.57 (5). AB50-ASA2-AA8,23123Section 231. 767.59 (1c) (a) (intro.) of the statutes is amended to read: AB50-ASA2-AA8,118,524767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either
1of the parties, the department, a county department under s. 46.215, 46.22, or 246.23, or a county child support agency under s. 59.53 (5) if an assignment has been 3made under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) 4or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 548.645 or ch. 49, a court may, except as provided in par. (b), do any of the following: AB50-ASA2-AA8,118,127767.59 (2) (c) If the court revises a judgment or order providing for child 8support that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 9(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 1048.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 11stats., or s. 938.357 (5m) (a), 2023 stats., the court shall determine child support in 12the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable. AB50-ASA2-AA8,118,2414767.77 (1) Definition. In this section, “payment obligation” means an 15obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 16(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 1748.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 18stats., or s. 938.357 (5m) (a), 2023 stats., support or maintenance under s. 767.501, 19child support or maintenance under s. 767.225, child support under s. 767.511, 20maintenance under s. 767.56, family support under s. 767.225, 2019 stats., or s. 21767.531, 2019 stats., attorney fees under s. 767.241, child support or a child’s health 22care expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805 23(4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal 24support under s. 948.22 (7). AB50-ASA2-AA8,119,82767.78 (1) Definition. In this section, “financial obligation” means an 3obligation for payment incurred under s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) 4(a), 2023 stats., s. 767.531, 2019 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 5(5m) (a), 2023 stats., or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 6767.225, 767.241, 767.511, 767.56, 767.61, 767.71, 767.804 (3), 767.805 (4), 767.85, 7767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 8938.363 (2). AB50-ASA2-AA8,119,1910767.87 (6) (a) Whenever the state brings the action to determine paternity 11pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 12(4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 1349.159, the natural mother of the child may not be compelled to testify about the 14paternity of the child if it has been determined that the mother has good cause for 15refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) 16(B) and the federal regulations promulgated pursuant to this statute, as of 17July 1, 1981, and pursuant to any rules promulgated by the department which 18define good cause in accordance with the federal regulations, as authorized by 42 19USC 602 (a) (26) (B) in effect on July 1, 1981. AB50-ASA2-AA8,120,221780.01 (5) For all arrearages owed by the owner in child support ordered 22under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 23(2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7) or ch. 767 or 769 or s.
148.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 2stats., or s. 938.357 (5m) (a), 2023 stats., or in family support ordered under ch. 767. AB50-ASA2-AA8,120,124893.415 (2) An action to collect child or family support owed under a 5judgment or order entered under ch. 767, or to collect child support owed under a 6judgment or order entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 748.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 8948.22 (7) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 9938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., shall be commenced 10within 20 years after the youngest child for whom the support was ordered under 11the judgment or order reaches the age of 18 or, if the child is enrolled full-time in 12high school or its equivalent, reaches the age of 19. AB50-ASA2-AA8,23813Section 238. 938.33 (3) (intro.) and (a) of the statutes are consolidated, 14renumbered 938.33 (3) and amended to read: AB50-ASA2-AA8,121,315938.33 (3) Correctional placement reports. A report recommending 16placement of a juvenile in a juvenile correctional facility or a secured residential 17care center for children and youth shall be in writing, except that the report may be 18presented orally at the dispositional hearing if the juvenile and the juvenile’s 19counsel consent. A report that is presented orally shall be transcribed and made a 20part of the court record. In addition to the information specified under sub. (1) (a) 21to (d), the report shall include all of the following: (a) A a description of any less 22restrictive alternatives that are available and that have been considered, and why 23they have been determined to be inappropriate. If the court has found that any of 24the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall
1indicate that a less restrictive alternative than placement in a juvenile correctional 2facility or a secured residential care center for children and youth is not 3appropriate.
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