Amendment SA1-SSA2-SB45

SB45-SSA2-SA1,21 Section 21. 48.233 (3) of the statutes is amended to read:

SB45-SSA2-SA1,8,17 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until four years after June 30, 2021 January 1, 2027.

SB45-SSA2-SA1,22 Section 22. 48.233 (4) of the statutes is amended to read:

SB45-SSA2-SA1,8,23 48.233 (4) By January 1, 2025 2027, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

SB45-SSA2-SA1,23 Section 23. 48.33 (4) (b) of the statutes is repealed.

SB45-SSA2-SA1,24 Section 24. 48.33 (4m) of the statutes is repealed.

SB45-SSA2-SA1,25 Section 25. 48.335 (3r) of the statutes is repealed.

SB45-SSA2-SA1,26 Section 26. 48.355 (2) (b) 4. of the statutes is repealed.

SB45-SSA2-SA1,27 Section 27. 48.357 (5m) of the statutes is repealed.

SB45-SSA2-SA1,28 Section 28. 48.36 (4) of the statutes is created to read:

SB45-SSA2-SA1,9,9 48.36 (4) (a) The county department or the department may, based on criteria established by the department by rule, refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom an out-of-home care placement has been ordered under s. 48.355 or 48.357.

SB45-SSA2-SA1,9,11 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

SB45-SSA2-SA1,29 Section 29. 48.363 (2) of the statutes is amended to read:

SB45-SSA2-SA1,9,17 48.363 (2) If the court revises a dispositional order entered prior to July 1, 2026, with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent’s minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

SB45-SSA2-SA1,30 Section 30. 48.38 (2) (f) of the statutes is amended to read:

SB45-SSA2-SA1,9,21 48.38 (2) (f) The child’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 child whose care is being paid for under s. 48.623 (1) (1r).

SB45-SSA2-SA1,31 Section 31. 48.38 (4) (j) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,9,23 48.38 (4) (j) (intro.) If the child 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:

SB45-SSA2-SA1,32 Section 32. 48.38 (4) (j) 3. of the statutes is amended to read:

SB45-SSA2-SA1,10,8 48.38 (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 child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

SB45-SSA2-SA1,33 Section 33. 48.38 (4) (j) 4. of the statutes is amended to read:

SB45-SSA2-SA1,10,12 48.38 (4) (j) 4. The ways in which the child 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.

SB45-SSA2-SA1,34 Section 34. 48.38 (4) (j) 5. of the statutes is amended to read:

SB45-SSA2-SA1,10,18 48.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the child 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.

SB45-SSA2-SA1,35 Section 35. 48.48 (8p) of the statutes is amended to read:

SB45-SSA2-SA1,11,3 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.

SB45-SSA2-SA1,36 Section 36. 48.48 (8r) of the statutes is amended to read:

SB45-SSA2-SA1,11,8 48.48 (8r) To reimburse county departments, the county department under s. 46.215, and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) (1r) or (6), including guardianships of children ordered by tribal courts.

SB45-SSA2-SA1,37 Section 37. 48.48 (8x) of the statutes is created to read:

SB45-SSA2-SA1,11,12 48.48 (8x) To pay for specialized services to children with high acuity needs in congregate care facilities, as defined under s. 48.685 (1) (ao), from the appropriations under s. 20.437 (1) (dd) and (pd).

SB45-SSA2-SA1,38 Section 38. 48.481 (title) of the statutes is amended to read:

SB45-SSA2-SA1,11,15 48.481 (title) Grants for children’s community Youth support programs.

SB45-SSA2-SA1,39 Section 39. 48.481 (2) of the statutes is renumbered 48.481 (2) (b) and amended to read:

SB45-SSA2-SA1,11,22 48.481 (2) (b) The From the appropriation under s. 20.437 (1) (bc), the department shall distribute at least $231,700 in each fiscal year funds for the purpose of assisting any of the following individuals who attain, if the individual is under the age of 23, to make the transition from out-of-home care to a successful adulthood:

SB45-SSA2-SA1,12,3 1. An individual who attained the age of 18 while residing in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement to make the transition from out-of-home care to a successful adulthood out-of-home care.

SB45-SSA2-SA1,12,7 (c) Public or private agencies or organizations are eligible for funding under this subsection. No county department or Indian tribe may use funds provided under this subsection to replace funds previously used by the county department or Indian tribe for this purpose.

SB45-SSA2-SA1,40 Section 40. 48.481 (2) (a) of the statutes is created to read:

SB45-SSA2-SA1,12,14 48.481 (2) (a) In this subsection, “out-of-home care” means the placement and care of a child by the department, a county department, or a tribal child welfare agency in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a person who is not a relative or like-kin, or in a supervised independent living arrangement.

SB45-SSA2-SA1,41 Section 41. 48.481 (2) (b) 2. of the statutes is created to read:

SB45-SSA2-SA1,12,17 48.481 (2) (b) 2. An individual who resided in out-of-home care for at least 6 months after his or her 16th birthday.

SB45-SSA2-SA1,42 Section 42. 48.481 (2) (b) 3. of the statutes is created to read:

SB45-SSA2-SA1,12,20 48.481 (2) (b) 3. An individual who was placed under a guardianship under s. 48.977 on or after his or her 16th birthday.

SB45-SSA2-SA1,43 Section 43. 48.481 (2) (b) 4. of the statutes is created to read:

SB45-SSA2-SA1,12,23 48.481 (2) (b) 4. An individual who was adopted on or after his or her 16th birthday following time spent in out-of-home care.

SB45-SSA2-SA1,44 Section 44. 48.483 of the statutes is created to read:

SB45-SSA2-SA1,13,4 48.483 Grants for out-of-school time programs. (1) In this section, “out- of-school time program” means a structured program or activity that meets all of the following conditions:

SB45-SSA2-SA1,13,7 (a) To the extent practicable, the program or activity is led by adult mentors using evidence-based or evidence-informed practices and is provided to school-age children before school, after school, or during the summer.

SB45-SSA2-SA1,13,9 (b) The program or activity does not supplant instructional services provided by a school or result in academic credit for students.

SB45-SSA2-SA1,13,10 (c) The program or activity relates to one or more of the following topics:

SB45-SSA2-SA1,13,11 1. Improving social, emotional, academic, or career readiness competencies.

SB45-SSA2-SA1,13,14 2. Reducing negative behaviors, including violence and crime, tobacco use, alcohol and substance abuse, disengagement from school, school suspension, truancy, and health-compromising behaviors.

SB45-SSA2-SA1,13,15 3. Providing a safe out-of-school time environment.

SB45-SSA2-SA1,13,16 4. Engaging in career exploration or formal or informal work-based learning.

SB45-SSA2-SA1,13,19 (2) From the appropriation under s. 20.437 (2) (fg), the department shall award grants to out-of-school time programs for the purpose of expanding opportunities for school-age children.

SB45-SSA2-SA1,13,20 (3) The department shall promulgate rules to implement this section.

SB45-SSA2-SA1,45 Section 45. 48.487 (1m) of the statutes is amended to read:

SB45-SSA2-SA1,14,3 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.

SB45-SSA2-SA1,46 Section 46. 48.49 of the statutes is created to read:

SB45-SSA2-SA1,14,9 48.49 Benefits eligibility screening. (1) The department and each county department shall periodically screen each child under the placement and care of the department or county department under this chapter or ch. 938, other than children placed with kinship care providers receiving payments under s. 48.57 (3m) or (3n), to determine whether the child is eligible for federal or state benefits.

SB45-SSA2-SA1,14,12 (2) If a child in out-of-home care is found to be eligible for federal or state benefits under sub. (1), the department or county department shall do all the following:

SB45-SSA2-SA1,14,15 (a) Apply for the benefits on behalf of the child following the procedures established by the department by rule, unless doing so would be contrary to the best interest of the child.

SB45-SSA2-SA1,14,19 (b) Ensure that the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian receive proper and timely notice of any application for benefits, the results of an application for benefits, and any appeal of a denial of benefits that could be or is filed on behalf of the child.

SB45-SSA2-SA1,14,21 (c) Provide the child with training covering financial literacy and maintaining benefit eligibility prior to the child aging out of out-of-home care.

SB45-SSA2-SA1,14,24 (3) If the department or county department is appointed as representative payee for a child in out-of-home care who receives benefits under sub. (2), the department or county department shall do all the following:

SB45-SSA2-SA1,15,2 (a) Consistent with the best interests of the child, conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs.

SB45-SSA2-SA1,15,6 (b) Provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department or county department’s care.

SB45-SSA2-SA1,15,9 (c) Work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits out-of-home care.

SB45-SSA2-SA1,15,11 (4) The department may take any necessary steps to facilitate statewide compliance with this section.

SB45-SSA2-SA1,15,15 (5) The department or a county department may contract with a public or private agency to fulfill the requirements of this section. The department may contract with a public or private agency to fulfill the requirements of this section on behalf of a county department.

SB45-SSA2-SA1,15,21 (6) State or federal benefits received by the department or a county department on behalf of a child may not be used by the department or a county department to pay for the costs of caring for the child in out-of-home care. The department or a county department may use the child’s federal benefits for the child’s unmet needs beyond what the agency is obligated to, is required to, or has agreed to provide as permitted by rules promulgated under sub. (7).

SB45-SSA2-SA1,15,22 (7) The department shall promulgate rules to implement this section.

SB45-SSA2-SA1,47 Section 47. 48.526 (3) (e) of the statutes is amended to read:

SB45-SSA2-SA1,16,9 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) or (q) 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.

SB45-SSA2-SA1,48 Section 48. 48.526 (3) (em) of the statutes is repealed.

SB45-SSA2-SA1,49 Section 49. 48.526 (7) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,16,17 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj), (o), and (q), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021 2025, and ending on June 30, 2023 and for the 2023 fiscal biennium 2027, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB45-SSA2-SA1,50 Section 50. 48.526 (7) (a) of the statutes is amended to read:

SB45-SSA2-SA1,16,22 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 2023, $95,481,500 2025, $101,138,500 for 2024 2026, and $47,740,750 $51,610,850 for the first 6 months of 2025 2027.

SB45-SSA2-SA1,51 Section 51. 48.526 (7) (b) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,17,3 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 2023 2025, $4,000,000 for 2024 2026, and $2,000,000 for the first 6 months of 2025 2027 to counties based on each of the following factors weighted equally:

SB45-SSA2-SA1,52 Section 52. 48.526 (7) (bm) of the statutes is amended to read:

SB45-SSA2-SA1,17,10 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2023 2025, $12,500,000 for 2024 2026, and $6,250,000 for the first 6 months of 2025 2027 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.

SB45-SSA2-SA1,53 Section 53. 48.526 (7) (c) of the statutes is amended to read:

SB45-SSA2-SA1,17,19 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2023 2025, $2,106,500 for 2024 2026, and $1,053,300 for the first 6 months of 2025 2027 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.

SB45-SSA2-SA1,54 Section 54. 48.526 (7) (e) of the statutes is repealed.

SB45-SSA2-SA1,55 Section 55. 48.526 (7) (h) of the statutes is repealed.

SB45-SSA2-SA1,56 Section 56. 48.526 (8) of the statutes is repealed.

SB45-SSA2-SA1,57 Section 57. 48.528 of the statutes is repealed and recreated to read:

SB45-SSA2-SA1,18,2 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: