Amendment AA1-SB70

SB70-AA1,242,9 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not receiving payments under sub. (3m) with respect to the child.

SB70-AA1,488 Section 488. 48.57 (3n) (am) 5r. of the statutes is amended to read:

SB70-AA1,242,13 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

SB70-AA1,489 Section 489. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:

SB70-AA1,242,20 48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the county department or department enter into a written agreement under which the long-term kinship care relative provider agrees to provide care and maintenance for the child and the county department or department agrees, subject to sub. (3p) (hm), to make monthly payments to the long-term kinship care relative provider at the rate specified in sub. (3m) (am) (intro.) until the earliest of the following:

SB70-AA1,490 Section 490. 48.57 (3n) (am) 6. c. of the statutes is amended to read:

SB70-AA1,242,24 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term kinship care relative's provider's home under a court order or under a voluntary agreement under s. 48.63 (1) (a) or (b) or (5) (b).

SB70-AA1,491 Section 491. 48.57 (3n) (am) 6. d. of the statutes is amended to read:

SB70-AA1,243,2 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the long-term kinship care relative provider.

SB70-AA1,492 Section 492. 48.57 (3n) (am) 6. e. of the statutes is amended to read:

SB70-AA1,243,5 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care provider's guardianship under s. 48.977 terminates.

SB70-AA1,493 Section 493. 48.57 (3n) (an) of the statutes is created to read:

SB70-AA1,243,14 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care under par. (am), the department or, with the department's approval, 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.

SB70-AA1,494 Section 494. 48.57 (3n) (ap) 1. of the statutes is amended to read:

SB70-AA1,244,2 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 may make payments under par. (am) to a long-term kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care relative 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 relative provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care relative 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 relative provider is otherwise determined to be ineligible for licensure.

SB70-AA1,495 Section 495. 48.57 (3n) (ap) 2. of the statutes is amended to read:

SB70-AA1,244,15 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or denied or the long-term kinship care relative provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the long-term kinship care relative provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the long-term kinship care relative provider is otherwise determined to be ineligible for licensure.

SB70-AA1,496 Section 496. 48.57 (3n) (ap) 3. of the statutes is amended to read:

SB70-AA1,245,11 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care relative provider specified in subd. 1. is denied or the long-term kinship care relative 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 may make payments under par. (am) to the long-term kinship care relative 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 relative's provider's home and the ability of the long-term kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care relative's provider's home. If the court does not order the child to remain in the kinship care relative's 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.

SB70-AA1,497 Section 497. 48.57 (3n) (b) 2. of the statutes is amended to read:

SB70-AA1,245,22 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

SB70-AA1,498 Section 498. 48.57 (3n) (cm) of the statutes is amended to read:

SB70-AA1,246,3 48.57 (3n) (cm) A long-term kinship care relative 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. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.

SB70-AA1,499 Section 499. 48.57 (3n) (h) of the statutes is amended to read:

SB70-AA1,246,12 48.57 (3n) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care relative's 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.

SB70-AA1,500 Section 500. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:

SB70-AA1,246,23 48.57 (3p) (h) 3. (intro.) The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:

SB70-AA1,501 Section 501. 48.57 (3p) (h) 3. b. of the statutes is amended to read:

SB70-AA1,247,2 48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative provider to care for the child.

SB70-AA1,502 Section 502. 48.57 (3p) (h) 4. of the statutes is amended to read:

SB70-AA1,247,15 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care relative provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.

SB70-AA1,503 Section 503. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) and amended to read:

SB70-AA1,247,19 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this subsection. Those rules shall include rules all of the following:

SB70-AA1,247,21 1. Rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

SB70-AA1,504 Section 504. 48.57 (3n) (i) 2. of the statutes is created to read:

SB70-AA1,248,2 48.57 (3n) (i) 2. 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 children residing in a home of a long-term kinship care provider who is receiving a monthly rate under par. (am).

SB70-AA1,505 Section 505. 48.60 (2) (a) of the statutes is amended to read:

SB70-AA1,248,6 48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and custody of a child under s. 48.979 who provides care and maintenance for such children.

SB70-AA1,506 Section 506. 48.62 (2) of the statutes is amended to read:

SB70-AA1,248,22 48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care and custody of a child under s. 48.979 who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home to a relative or like-kin who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the guardian's home as a foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives and like-kin with no duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the department's licensing rules.

SB70-AA1,507 Section 507. 48.62 (4) of the statutes is amended to read:

SB70-AA1,249,12 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2022, the rates are $300 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and 2024, for care and maintenance provided by a foster home that is certified to provide care at a any level of care that is higher than level one care, $420 $441 for a child under 5 years of age; $460 $483 for a child 5 to 11 years of age; $522 $548 for a child 12 to 14 years of age; and $545 $572 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

SB70-AA1,508 Section 508. 48.64 (1) of the statutes is amended to read:

SB70-AA1,249,18 48.64 (1) Definition. In this section, “agency" means the department, the department of corrections, a county department under s. 46.215, 46.22, or 46.23, or a licensed child welfare agency authorized to place children in foster homes, group homes, or shelter care facilities approved under s. 938.22 (2) (c) or, in the homes of relatives other than a parent, or in the homes of like-kin.

SB70-AA1,509 Section 509. 48.64 (1m) of the statutes is amended to read:

SB70-AA1,250,16 48.64 (1m) Out-of-home care agreements. If an agency places a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin under a court order or places a child in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home or facility. The agreement shall provide that the agency shall have access at all times to the child and the home or facility, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require release to the agency. If a child has been in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed from a foster home, group home, or home of a relative other than a parent or the home of like-kin before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 applies. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing, or medical treatment.

SB70-AA1,510 Section 510. 48.64 (2) of the statutes is amended to read:

SB70-AA1,250,22 48.64 (2) Supervision of out-of-home care placements. Every child who is placed in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) shall be under the supervision of an agency. Every child who is placed in the home of a relative other than a parent or in the home of like-kin under a court order shall be under the supervision of an agency.

SB70-AA1,511 Section 511. 48.64 (4) (a) of the statutes is amended to read:

SB70-AA1,252,6 48.64 (4) (a) Except as provided in par. (d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent or the home of like-kin in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB70-AA1,512 Section 512. 48.64 (4) (c) of the statutes is amended to read:

SB70-AA1,252,21 48.64 (4) (c) Except as provided in par. (d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative or like-kin. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent or in the home of like-kin, the foster parent or, relative, or like-kin may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

SB70-AA1,513 Section 513. 48.67 (4) (b) of the statutes is amended to read:

SB70-AA1,252,25 48.67 (4) (b) The training under par. (a) shall be available to a kinship care relative provider, as defined in s. 48.40 (1m), upon request of the kinship care relative provider.

SB70-AA1,514 Section 514. 49.132 of the statutes is created to read:

SB70-AA1,253,4 49.132 Child care partnership grant program. (1) In this section, “business" means any organization or enterprise operated for profit or a nonprofit corporation. “Business” does not include a governmental entity.

SB70-AA1,253,9 (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.

SB70-AA1,253,11 (3) A business awarded a grant under this section shall provide matching funds equal to 25 percent or more of the amount awarded.

SB70-AA1,253,13 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

SB70-AA1,515 Section 515. 49.133 of the statutes is created to read:

SB70-AA1,253,20 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 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).

SB70-AA1,253,23 (2) The department may promulgate rules to implement the program under this section, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

SB70-AA1,516 Section 516. 49.155 (1g) (ac) of the statutes is amended to read:

SB70-AA1,254,2 49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,975,000 $8,975,000 per fiscal year.

SB70-AA1,517 Section 517. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

SB70-AA1,254,9 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative provider under s. 48.57 (3m) or with a long-term kinship care relative provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.623, a group home, or an independent living arrangement supervised by an adult.

SB70-AA1,518 Section 518. 49.155 (6) (e) 2. of the statutes is repealed.

SB70-AA1,519 Section 519. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

SB70-AA1,254,14 49.155 (6) (e) 3. (intro.) The department may modify a child care provider's maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

SB70-AA1,520 Section 520. 938.02 (12c) of the statutes is created to read:

SB70-AA1,254,18 938.02 (12c) “Like-kin” means a person who has a significant emotional relationship with a child or the child's family and to whom any of the following applies:

SB70-AA1,254,21 (a) Prior to the child's placement in out-of-home care, the person had an existing relationship with the child or the child's family that is similar to a familial relationship.

SB70-AA1,254,25 (b) During the child's placement in out-of-home care, the person developed a relationship with the child or the child's family that is similar to a familial relationship, and the person is not and has not previously been the child's licensed foster parent.

SB70-AA1,255,2 (c) For an Indian child, “like-kin” includes individuals identified by the child's tribe according to tribal tradition, custom or resolution, code, or law.

SB70-AA1,521 Section 521. 938.02 (15) of the statutes is amended to read:

SB70-AA1,255,15 938.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member, as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a juvenile, “relative" also includes a parent of a sibling of the juvenile who has legal custody of that sibling.

SB70-AA1,522 Section 522. 938.028 (2) (c) of the statutes is amended to read:

SB70-AA1,255,24 938.028 (2) (c) “Out-of-home care placement" means the removal of an Indian juvenile from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the juvenile returned upon demand. “Out-of-home care placement" does not include an emergency change in placement under s. 938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.

SB70-AA1,523 Section 523. 938.207 (1) (b) of the statutes is amended to read:

SB70-AA1,256,8 938.207 (1) (b) The home of a relative or like-kin, except that a juvenile may not be held in the home of a relative if the relative person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

SB70-AA1,524 Section 524. 938.207 (1) (f) of the statutes is amended to read:

SB70-AA1,256,13 938.207 (1) (f) The home of a person not a relative or like-kin if the person has not had a license under s. 48.62 refused, revoked, or suspended within the previous 2 years. A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

SB70-AA1,525 Section 525. 938.33 (4) (intro.) of the statutes is amended to read:

SB70-AA1,256,22 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, group home, or nonsecured 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 guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

SB70-AA1,526 Section 526. 938.335 (3g) (intro.) of the statutes is amended to read:

SB70-AA1,257,5 938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of the juvenile 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 guardian under s. 48.977 (2), or in a supervised independent living arrangement, the agency shall present as evidence specific information showing all of the following:

SB70-AA1,527 Section 527. 938.335 (3j) (intro.) of the statutes is amended to read:

SB70-AA1,257,14 938.335 (3j) Indian juvenile; active efforts finding. (intro.) At hearings under this section involving an Indian juvenile who is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending removal of the Indian juvenile from the home of his or her parent or Indian custodian and placement of the Indian juvenile in a foster home, group home, or residential care center for children and youth or , in the home of a relative other than a parent, or in the home of like-kin, the agency shall present as evidence specific information showing all of the following:

SB70-AA1,528 Section 528. 938.34 (3) (a) (intro.) of the statutes is amended to read: