Amendment SA1-SSA2-SB45

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:

SB45-SSA2-SA1,18,7 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth, as well as programs that promote successful outcomes for all justice-involved youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

SB45-SSA2-SA1,18,9 (2) To address emergencies related to community youth and family aids under s. 48.526.

SB45-SSA2-SA1,18,10 (3) To fund activities required of the department under s. 48.526 (1).

SB45-SSA2-SA1,58 Section 58. 48.563 (2) of the statutes is amended to read:

SB45-SSA2-SA1,18,17 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $101,154,200 $104,969,500 in fiscal year 2021-22 2025-26 and $101,162,800 $110,869,200 in fiscal year 2022-23. In fiscal year 2023-24, the department shall distribute $101,551,400. In fiscal year 2024-25, the department shall distribute $101,939,600 2026-27.

SB45-SSA2-SA1,59 Section 59. 48.57 (3m) (a) 1m. of the statutes is created to read:

SB45-SSA2-SA1,18,20 48.57 (3m) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

SB45-SSA2-SA1,60 Section 60. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

SB45-SSA2-SA1,19,14 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (1) (dd) and (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. In a county having a population of 750,000 or more, the department shall make payments under this subsection or shall reimburse a county department for payments made under this subsection from the appropriations under s. 20.437 (1) (dd) and (pd). 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 or a county 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:

SB45-SSA2-SA1,61 Section 61. 48.57 (3m) (am) 2. of the statutes is renumbered 48.57 (3m) (am) 2. (intro.) and amended to read:

SB45-SSA2-SA1,19,18 48.57 (3m) (am) 2. (intro.) The county department or department determines that the child meets one or more of the following conditions:

SB45-SSA2-SA1,19,20 a. The child meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13, that the.

SB45-SSA2-SA1,19,22 b. The child would be at risk of meeting one or more of those the criteria specified in s. 48.13 or 938.13 if the child were to remain in his or her home or, if.

SB45-SSA2-SA1,20,3 c. If the child is 18 years of age or over, that the child would meet or be at risk of meeting one or more of those the criteria as specified in this subdivision in s. 48.13 or 938.13 if the child were under 18 years of age.

SB45-SSA2-SA1,62 Section 62. 48.57 (3m) (am) 4m. of the statutes is amended to read:

SB45-SSA2-SA1,20,11 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child and that no adult resident, as defined in sub. (3p) (a) 1., and no employee or prospective employee of the kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child.

SB45-SSA2-SA1,63 Section 63. 48.57 (3m) (an) of the statutes is created to read:

SB45-SSA2-SA1,20,20 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.

SB45-SSA2-SA1,64 Section 64. 48.57 (3m) (ap) 1. of the statutes is amended to read:

SB45-SSA2-SA1,21,8 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 or the county department may make payments under par. (am) to a kinship care provider who is providing care and maintenance for a child who is placed in the home of the kinship care 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 provider for a license to operate a foster home or, if the application is approved or denied or the kinship care 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 provider is otherwise determined to be ineligible for licensure.

SB45-SSA2-SA1,65 Section 65. 48.57 (3m) (ap) 3. of the statutes is amended to read:

SB45-SSA2-SA1,22,2 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care provider specified in subd. 1. is denied or the kinship care 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 or the county department may make payments under par. (am) to the kinship care 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 provider’s home and the ability of the kinship care provider to care for the child, and a recommendation that the child remain in the home of the kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care provider’s home. If the court does not order the child to remain in the kinship care 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.

SB45-SSA2-SA1,66 Section 66. 48.57 (3m) (ar) and (at) of the statutes are created to read:

SB45-SSA2-SA1,22,9 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:

SB45-SSA2-SA1,22,12 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.

SB45-SSA2-SA1,22,15 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.

SB45-SSA2-SA1,22,19 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:

SB45-SSA2-SA1,22,20 a. A pandemic or other public health threat.

SB45-SSA2-SA1,22,21 b. A natural disaster.

SB45-SSA2-SA1,22,22 c. Unplanned school closures of 5 consecutive days or more.

SB45-SSA2-SA1,23,2 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

SB45-SSA2-SA1,67 Section 67. 48.57 (3m) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA1,23,9 48.57 (3m) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall 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 a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

SB45-SSA2-SA1,68 Section 68. 48.57 (3m) (c) of the statutes is amended to read:

SB45-SSA2-SA1,23,15 48.57 (3m) (c) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

SB45-SSA2-SA1,69 Section 69. 48.57 (3m) (cm) of the statutes is amended to read:

SB45-SSA2-SA1,23,19 48.57 (3m) (cm) A kinship care 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) (1r) or (6) for that child.

SB45-SSA2-SA1,70 Section 70. 48.57 (3m) (d) of the statutes is amended to read:

SB45-SSA2-SA1,24,4 48.57 (3m) (d) A county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

SB45-SSA2-SA1,71 Section 71. 48.57 (3m) (g) 2. (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,24,15 48.57 (3m) (g) 2. (intro.) If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the kinship care program in that county or the county department that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

SB45-SSA2-SA1,72 Section 72. 48.57 (3m) (h) of the statutes is amended to read:

SB45-SSA2-SA1,25,2 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department or a county department may recover an overpayment made under par. (am) from a kinship care provider who continues to receive payments under par. (am) by reducing the amount of the kinship care 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.

SB45-SSA2-SA1,73 Section 73. 48.57 (3m) (i) 3. of the statutes is created to read:

SB45-SSA2-SA1,25,7 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).

SB45-SSA2-SA1,74 Section 74. 48.57 (3m) (j) of the statutes is created to read:

SB45-SSA2-SA1,25,10 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

SB45-SSA2-SA1,75 Section 75. 48.57 (3n) (a) 1m. of the statutes is created to read:

SB45-SSA2-SA1,25,13 48.57 (3n) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

SB45-SSA2-SA1,76 Section 76. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

SB45-SSA2-SA1,26,7 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. In a county having a population of 750,000 or more, the department shall make payments under this subsection or shall reimburse a county department for payments made under this subsection from the appropriations under s. 20.437 (1) (dd) and (pd). 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 or a county department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child per month in the amount of $375 beginning on January 1, 2024, to a long-term kinship care provider who is providing care and maintenance for that 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; $557 for a child 12 to 14 years of age; and $601 for a child 15 years of age or over:

SB45-SSA2-SA1,77 Section 77. 48.57 (3n) (am) 4. of the statutes is amended to read:

SB45-SSA2-SA1,26,17 48.57 (3n) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care provider, the employees and prospective employees of the long-term kinship care 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) 1., of the long-term kinship care provider’s home to determine if the long-term kinship care 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 provider’s ability to care for the child.

SB45-SSA2-SA1,78 Section 78. 48.57 (3n) (am) 4m. of the statutes is amended to read:

SB45-SSA2-SA1,27,2 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care 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 provider’s ability to care for the child and that, to the best of the long-term kinship care provider’s knowledge, no adult resident, as defined in sub. (3p) (a) 1., and no employee or prospective employee of the long-term kinship care 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 provider’s ability to care for the child.

SB45-SSA2-SA1,79 Section 79. 48.57 (3n) (an) of the statutes is created to read:

SB45-SSA2-SA1,27,11 48.57 (3n) (an) In addition to the monthly payments for long-term 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 long-term kinship care provider who is providing care and maintenance for a child residing in the home of the long-term 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) 2.

SB45-SSA2-SA1,80 Section 80. 48.57 (3n) (ap) 1. of the statutes is amended to read:

SB45-SSA2-SA1,27,23 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 or the county department may make payments under par. (am) to a long-term kinship care provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care 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 provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care 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 provider is otherwise determined to be ineligible for licensure.

SB45-SSA2-SA1,81 Section 81. 48.57 (3n) (ap) 3. of the statutes is amended to read:

SB45-SSA2-SA1,28,20 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care provider specified in subd. 1. is denied or the long-term kinship care 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 or the county department may make payments under par. (am) to the long-term kinship care 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 provider’s home and the ability of the long-term kinship care provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care provider’s home. If the court does not order the child to remain in the kinship care 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.

SB45-SSA2-SA1,82 Section 82. 48.57 (3n) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA1,29,3 48.57 (3n) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall 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 a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).