AB50: Bill Text

AB50,463,10 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party’s attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity parentage under s. 891.405, 891.407, or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB50,793 Section 793. 48.42 (1g) (a) 4. of the statutes is amended to read:

AB50,463,13 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father a parent of the child.

AB50,794 Section 794. 48.42 (1g) (b) of the statutes is amended to read:

AB50,464,2 48.42 (1g) (b) The petitioner shall notify any man person identified in the affidavit under par. (a) as an alleged father parent of his the right to file a declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal parental interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal parental interest under s. 48.025. The notice shall be sent by certified mail to the last-known address of the alleged father parent.

AB50,795 Section 795. 48.42 (1g) (c) of the statutes is amended to read:

AB50,464,5 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father parent under sub. (2).

AB50,796 Section 796. 48.42 (2) (b) 1. of the statutes is amended to read:

AB50,464,9 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB50,797 Section 797. 48.42 (2) (b) 2. of the statutes is amended to read:

AB50,464,15 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent of the child or who may, based upon the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).

AB50,798 Section 798. 48.42 (2) (bm) 1. of the statutes is amended to read:

AB50,464,20 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

AB50,799 Section 799. 48.422 (6) (a) of the statutes is amended to read:

AB50,465,8 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.

AB50,800 Section 800. 48.422 (7) (bm) of the statutes is amended to read:

AB50,466,4 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child, or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

AB50,801 Section 801. 48.422 (7) (br) of the statutes is amended to read:

AB50,466,8 48.422 (7) (br) Establish whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

AB50,802 Section 802. 48.423 (2) (d) of the statutes is amended to read:

AB50,466,12 48.423 (2) (d) That the person has complied with the requirements of the state where the mother birth parent previously resided or was located to protect and preserve his paternal or her parental interests in matters affecting the child.

AB50,803 Section 803. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB50,466,16 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB50,804 Section 804. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB50,466,19 CHAPTER 48

AB50,466,22 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB50,805 Section 805. 48.44 of the statutes is amended to read:

AB50,467,4 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB50,806 Section 806. 48.45 (1) (a) of the statutes is amended to read:

AB50,467,13 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB50,807 Section 807. 48.45 (1) (am) of the statutes is amended to read:

AB50,467,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child’s expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB50,808 Section 808. 48.45 (3) of the statutes is amended to read:

AB50,468,5 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney’s judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB50,809 Section 809. 48.48 (8p) of the statutes is amended to read:

AB50,468,14 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.

AB50,810 Section 810. 48.48 (8r) of the statutes is amended to read:

AB50,468,19 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.

AB50,811 Section 811. 48.48 (8x) of the statutes is created to read:

AB50,468,23 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).

AB50,812 Section 812. 48.481 (title) of the statutes is amended to read:

AB50,469,2 48.481 (title) Grants for children’s community Youth support programs.

AB50,813 Section 813. 48.481 (2) of the statutes is renumbered 48.481 (2) (b) and amended to read:

AB50,469,9 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:

AB50,469,14 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.

AB50,469,18 (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.

AB50,814 Section 814. 48.481 (2) (a) of the statutes is created to read:

AB50,470,2 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.

AB50,815 Section 815. 48.481 (2) (b) 2. of the statutes is created to read:

AB50,470,5 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.

AB50,816 Section 816. 48.481 (2) (b) 3. of the statutes is created to read:

AB50,470,8 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.

AB50,817 Section 817. 48.481 (2) (b) 4. of the statutes is created to read:

AB50,470,11 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.

AB50,818 Section 818. 48.483 of the statutes is created to read:

AB50,470,15 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:

AB50,470,18 (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.

AB50,470,20 (b) The program or activity does not supplant instructional services provided by a school or result in academic credit for students.

AB50,470,21 (c) The program or activity relates to one or more of the following topics:

AB50,470,22 1. Improving social, emotional, academic, or career readiness competencies.

AB50,471,2 2. Reducing negative behaviors, including violence and crime, tobacco use, alcohol and substance abuse, disengagement from school, school suspension, truancy, and health-compromising behaviors.

AB50,471,3 3. Providing a safe out-of-school time environment.

AB50,471,4 4. Engaging in career exploration or formal or informal work-based learning.

AB50,471,7 (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.

AB50,471,8 (3) The department shall promulgate rules to implement this section.

AB50,819 Section 819. 48.487 (1m) of the statutes is amended to read:

AB50,471,15 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.

AB50,820 Section 820. 48.49 of the statutes is created to read:

AB50,471,21 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.

AB50,471,24 (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:

AB50,472,3 (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.

AB50,472,7 (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.

AB50,472,9 (c) Provide the child with training covering financial literacy and maintaining benefit eligibility prior to the child aging out of out-of-home care.

AB50,472,12 (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:

AB50,472,14 (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.

AB50,472,18 (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.

AB50,472,21 (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.

AB50,472,23 (4) The department may take any necessary steps to facilitate statewide compliance with this section.

AB50,473,3 (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.

AB50,473,9 (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).

AB50,473,10 (7) The department shall promulgate rules to implement this section.

AB50,821 Section 821. 48.526 (3) (e) of the statutes is amended to read:

AB50,473,21 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.

AB50,822 Section 822. 48.526 (3) (em) of the statutes is repealed.

AB50,823 Section 823. 48.526 (7) (intro.) of the statutes is amended to read:

AB50,474,5 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:

AB50,824 Section 824. 48.526 (7) (a) of the statutes is amended to read:

AB50,474,10 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.

AB50,825 Section 825. 48.526 (7) (b) (intro.) of the statutes is amended to read: