SB45: Bill Text

SB45,899 Section 899. 48.623 (4) of the statutes is amended to read:

SB45,505,7 48.623 (4) Annual review. A county department, an Indian tribe, or the department shall review a placement of a child for which the county department, Indian tribe, or department makes payments under sub. (1) (1r) not less than every 12 months after the county department, Indian tribe, or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department, Indian tribe, or department shall discontinue making those payments.

SB45,900 Section 900. 48.623 (5) (a) of the statutes is amended to read:

SB45,505,15 48.623 (5) (a) Any person whose application for payments under sub. (1) (1r) is not acted on promptly or is denied on the grounds that a condition specified in sub. (1) (1r) has not been met and any person whose payments under sub. (1) (1r) are decreased under sub. (3) (c) 2. or discontinued under sub. (4) may petition the department under par. (b) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

SB45,901 Section 901. 48.623 (5) (b) 2. of the statutes is amended to read:

SB45,506,2 48.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub. (1) (1r) are being decreased or discontinued, those payments may not be decreased or 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, Indian tribe, or subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) (1r) shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf.

SB45,902 Section 902. 48.623 (5) (b) 3. of the statutes is amended to read:

SB45,506,6 48.623 (5) (b) 3. The recipient shall be promptly informed in writing if his or her payments under sub. (1) (1r) are to be decreased or discontinued pending the hearing decision.

SB45,903 Section 903. 48.623 (6) (am) (intro.) of the statutes is amended to read:

SB45,506,12 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1) (1r), the county department, Indian tribe, or department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:

SB45,904 Section 904. 48.623 (6) (bm) (intro.) of the statutes is amended to read:

SB45,506,22 48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving payments under sub. (1) (1r), the county department, an Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m):

SB45,905 Section 905. 48.623 (6) (bm) 6. of the statutes is amended to read:

SB45,507,7 48.623 (6) (bm) 6. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding specified in s. 48.977 (2) (a) in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided in s. 48.977 (3r) (b).

SB45,906 Section 906. 48.623 (7) (a) of the statutes is amended to read:

SB45,507,12 48.623 (7) (a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub. (1) (1r) may request that an agreement made under sub. (2) be amended to increase the amount of those payments.

SB45,907 Section 907. 48.623 (7) (c) of the statutes is amended to read:

SB45,507,20 48.623 (7) (c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub. (3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub. (1) (1r).

SB45,908 Section 908. 48.623 (7) (dm) of the statutes is amended to read:

SB45,507,24 48.623 (7) (dm) Rules establishing the conditions that must be met in order for a person specified in sub. (1) (1r) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub. (1) (1r).

SB45,909 Section 909. 48.623 (8) (b) of the statutes is amended to read:

SB45,508,5 48.623 (8) (b) A county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments.

SB45,910 Section 910. 48.63 (3) (b) 4. of the statutes is amended to read:

SB45,508,16 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB45,911 Section 911. 48.63 (3) (b) 5. of the statutes is amended to read:

SB45,508,23 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB45,912 Section 912. 48.645 (3) of the statutes is repealed.

SB45,913 Section 913. 48.82 (1) (a) of the statutes is amended to read:

SB45,509,3 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

SB45,914 Section 914. 48.837 (1r) (d) of the statutes is amended to read:

SB45,509,14 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB45,915 Section 915. 48.837 (1r) (e) of the statutes is amended to read:

SB45,509,21 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB45,916 Section 916. 48.837 (6) (b) of the statutes is amended to read:

SB45,510,13 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a 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 petitions under subs. (2) and (3) 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).

SB45,917 Section 917. 48.837 (6) (br) of the statutes is amended to read:

SB45,510,18 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

SB45,918 Section 918. 48.913 (1) (a) of the statutes is amended to read:

SB45,510,21 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB45,919 Section 919. 48.913 (1) (b) of the statutes is amended to read:

SB45,511,2 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB45,920 Section 920. 48.913 (1) (h) of the statutes is amended to read:

SB45,511,6 48.913 (1) (h) Legal and other services received by a birth parent of the child, an alleged or presumed father parent of the child, or the child in connection with the adoption.

SB45,921 Section 921. 48.913 (2) (intro.) of the statutes is amended to read:

SB45,511,14 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father parent of the child if the birth parent or the alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

SB45,922 Section 922. 48.913 (2) (b) of the statutes is amended to read:

SB45,511,18 48.913 (2) (b) The state in which the birth parent or the alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

SB45,923 Section 923. 48.913 (2) (c) (intro.) of the statutes is amended to read:

SB45,512,5 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

SB45,924 Section 924. 48.913 (3) of the statutes is amended to read:

SB45,512,13 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father parent if documentation is provided showing that the birth parent or alleged or presumed father parent has made the previous payment.

SB45,925 Section 925. 48.913 (4) of the statutes is amended to read:

SB45,512,18 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child except as provided in subs. (1) and (2).

SB45,926 Section 926. 48.913 (7) of the statutes is amended to read:

SB45,513,11 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father parent of the child, or the child, on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

SB45,927 Section 927. 48.977 (title) of the statutes is amended to read:

SB45,513,15 48.977 (title) Appointment of guardians for certain children or juveniles in need of protection or services or juveniles adjudged delinquent.

SB45,928 Section 928. 48.977 (2) (a) of the statutes is amended to read:

SB45,514,4 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1), or that the child has been adjudged to be delinquent under s. 938.12 and has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 938.33 (1).

SB45,929 Section 929. 48.977 (3r) (a) of the statutes is amended to read:

SB45,514,23 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) (1r) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or has been adjudged delinquent as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) (1r) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services or is adjudged delinquent as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1) (1r).

SB45,930 Section 930. 48.977 (3r) (b) of the statutes is amended to read:

SB45,515,15 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or adjudged delinquent as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).

SB45,931 Section 931. 48.977 (4) (a) 8. of the statutes is amended to read:

SB45,515,20 48.977 (4) (a) 8. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938 or the child’s placement with the guardian is recommended under ch. 938, the person representing the interests of the public under s. 938.09.

SB45,932 Section 932. 48.977 (4) (b) 3. of the statutes is amended to read:

SB45,516,10 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended, or, if the child has been adjudged delinquent under s. 938.12, the date on which the child was adjudged delinquent, and the dates on which the child has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 938.365 or, if the child has been so adjudged but not so placed, the date of the report under s. 938.33 (1).

SB45,933 Section 933. 48.977 (4) (c) 1. h. of the statutes is amended to read:

SB45,516,14 48.977 (4) (c) 1. h. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938, the person representing the interests of the public under s. 938.09.

SB45,934 Section 934. 48.977 (4) (i) of the statutes is amended to read:

SB45,516,18 48.977 (4) (i) Effect of disposition on permanency review process. After a disposition under par. (h), the child’s permanency plan shall continue to be reviewed under s. ss. 48.38 (5) and 938.38 (5), if applicable.

SB45,935 Section 935. 48.9795 (1) (a) 1. c. of the statutes is amended to read:

SB45,516,24 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental interest under s. 48.025, who is alleged to the court to be the father a parent of the child, or who may, based on 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.

SB45,936 Section 936. 48.9795 (1) (b) of the statutes is amended to read:

SB45,517,6 48.9795 (1) (b) “Party” means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father a parent of the child or who may, based on 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.

SB45,937 Section 937. 49.132 of the statutes is created to read:

SB45,517,10 49.132 Child care partnership grant program. (1) In this section, “business” means a governmental entity, an organization or enterprise operated for profit, or a nonprofit corporation.

SB45,517,15 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

SB45,517,19 (3) A business awarded a grant under this section shall provide matching funds equal to 10 percent or more of the amount awarded if the business has 50 or fewer employees and 15 percent or more of the amount awarded if the business has more than 50 employees.

SB45,517,21 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

SB45,938 Section 938. 49.133 of the statutes is created to read:

SB45,518,7 49.133 Child care quality improvement program. (1) The department may establish a program under which it may, from the appropriation under s. 20.437 (2) (c) and the allocation under s. 49.175 (1) (qm), make monthly payments and monthly per-child payments to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, and child care programs established or contracted for by a school board under s. 120.13 (14). The department may investigate and recover from payment recipients under this section amounts overpaid or obtained through fraud.

SB45,518,11 (2) If the department establishes the program under sub. (1), the department shall promulgate rules to implement the program, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

SB45,939 Section 939. 49.1335 of the statutes is created to read:

SB45,518,14 49.1335 Child care access program. (1) In this section, “family child care center” has the meaning given in s. 49.136 (1) (j).

SB45,518,17 (2) From the appropriation under s. 20.437 (2) (bp), the department shall enter into contracts with all of the following organizations, at the following amounts, to increase access to high-quality child care in this state:

SB45,518,19 (a) Wonderschool, Inc., or a successor organization, at $4,500,000, to do any of the following:

SB45,518,22 1. Increase the child care workforce in this state by launching an online software platform that is linked to the department’s website to connect child care providers with child care workers and a pool of substitute child care workers.

SB45,518,23 2. Build child care capacity in this state.