AB50: Bill Text

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:

AB50,474,15 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:

AB50,826 Section 826. 48.526 (7) (bm) of the statutes is amended to read:

AB50,474,22 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.

AB50,827 Section 827. 48.526 (7) (c) of the statutes is amended to read:

AB50,475,7 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.

AB50,828 Section 828. 48.526 (7) (e) of the statutes is repealed.

AB50,829 Section 829. 48.526 (7) (h) of the statutes is repealed.

AB50,830 Section 830. 48.526 (8) of the statutes is repealed.

AB50,831 Section 831. 48.5275 of the statutes is created to read:

AB50,475,16 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2026, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

AB50,832 Section 832. 48.528 of the statutes is repealed and recreated to read:

AB50,475,20 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:

AB50,476,2 (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.

AB50,476,4 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB50,476,5 (3) To fund activities required of the department under s. 48.526 (1).

AB50,833 Section 833. 48.563 (2) of the statutes is amended to read:

AB50,476,12 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.

AB50,834 Section 834. 48.57 (3m) (a) 1m. of the statutes is created to read:

AB50,476,15 48.57 (3m) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

AB50,835 Section 835. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

AB50,477,9 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:

AB50,836 Section 836. 48.57 (3m) (am) 2. of the statutes is renumbered 48.57 (3m) (am) 2. (intro.) and amended to read:

AB50,477,13 48.57 (3m) (am) 2. (intro.) The county department or department determines that the child meets one or more of the following conditions:

AB50,477,15 a. The child meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13, that the.

AB50,477,17 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.