Amendment AA3-SB70

SB70-AA3,460 Section 460. 938.38 (4) (f) (intro.) of the statutes is amended to read:

SB70-AA3,298,5 938.38 (4) (f) (intro.) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the facility where the juvenile is living, or the relative or like-kin with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB70-AA3,461 Section 461. 938.38 (4m) (b) of the statutes is amended to read:

SB70-AA3,298,15 938.38 (4m) (b) At least 10 days before the date of the hearing the court shall notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing.

SB70-AA3,462 Section 462. 938.38 (4m) (d) of the statutes is amended to read:

SB70-AA3,298,25 938.38 (4m) (d) The court shall give a foster parent, other physical custodian described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified of a hearing under par. (b) a right to be heard at the hearing by permitting the foster parent, other physical custodian, operator, or relative, or like-kin to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, other physical custodian, operator of a facility, or relative, or like-kin does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB70-AA3,463 Section 463. 938.38 (5) (b) of the statutes is amended to read:

SB70-AA3,299,18 938.38 (5) (b) The court or the agency shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, the juvenile's guardian ad litem, and the juvenile's school of the time, place, and purpose of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review as provided in par. (bm) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record. The notice to the juvenile's school shall also include the name and contact information for the caseworker or social worker assigned to the juvenile's case.

SB70-AA3,464 Section 464. 938.38 (5) (bm) 1. of the statutes is amended to read:

SB70-AA3,300,7 938.38 (5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the review under par. (b) shall have a right to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review or by participating at the review. A person representing the interests of the public, counsel, guardian ad litem, or school who is provided notice of the review under par. (b) may have an opportunity to be heard at the review by submitting written comments relevant to the determinations specified in par. (c) not less than 10 working days before the date of the review. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a review under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the review is held solely on the basis of receiving that notice and right to be heard.

SB70-AA3,465 Section 465. 938.38 (5) (e) of the statutes is amended to read:

SB70-AA3,300,17 938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of the determinations under par. (c) and shall provide a copy to the court that entered the order; the juvenile or the juvenile's counsel or guardian ad litem; the person representing the interests of the public; the juvenile's parent, guardian, or legal custodian; the juvenile's foster parent, the operator of the facility where the juvenile is living, or the relative or like-kin with whom the juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.

SB70-AA3,466 Section 466. 938.38 (5m) (b) of the statutes is amended to read:

SB70-AA3,301,9 938.38 (5m) (b) The court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; and the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they shall have a right to be heard at the hearing as provided in par. (c) 1. The court shall notify the juvenile's counsel and the juvenile's guardian ad litem; the agency that prepared the permanency plan; the juvenile's school; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to be determined at the hearing, and of the fact that they may have an opportunity to be heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall be provided in writing not less than 30 days before the hearing. The notice to the juvenile's school shall also include the name and contact information for the caseworker or social worker assigned to the juvenile's case.

SB70-AA3,467 Section 467. 938.38 (5m) (c) 1. of the statutes is amended to read:

SB70-AA3,301,24 938.38 (5m) (c) 1. A juvenile, parent, guardian, legal custodian, foster parent, operator of a facility, or relative, or like-kin who is provided notice of the hearing under par. (b) shall have a right to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A counsel, guardian ad litem, agency, school, or person representing the interests of the public who is provided notice of the hearing under par. (b) may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, operator of a facility, or relative, or like-kin who receives notice of a hearing under par. (b) and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

SB70-AA3,468 Section 468. 938.38 (5m) (e) of the statutes is amended to read:

SB70-AA3,302,18 938.38 (5m) (e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the facility in which the juvenile is living, or the relative or like-kin with whom the juvenile is living; the agency that prepared the permanency plan; the person representing the interests of the public; and, if the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe. The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.

SB70-AA3,469 Section 469. 938.385 (intro.) of the statutes is amended to read:

SB70-AA3,303,6 938.385 Plan for transition to independent living. (intro.) During the 90 days immediately before a juvenile who is placed 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, or in a supervised independent living arrangement attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall do all of the following:

SB70-AA3,470 Section 470. DCF 56.23 (1) (c) of the administrative code is amended to read:

SB70-AA3,303,10 DCF 56.23 (1) (c) A placing agency may not make a supplemental or exceptional payment or pay an initial clothing allowance , except for an exceptional payment under sub. (3) (a) 2., for a child placed in a Level 1 foster home.

SB70-AA3,471 Section 471. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

SB70-AA3,303,17 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

SB70-AA3,303,22 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

SB70-AA3,9106 Section 9106. Nonstatutory provisions; Children and Families.

SB70-AA3,304,5 (1) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB70-AA3,9406 Section 9406. Effective dates; Children and Families.

SB70-AA3,304,9 (1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am) (intro.) (by Section 43q) and (3n) (am) (intro.) (by Section 66q) and 48.62 (4) takes effect on January 1, 2024, or on the day after publication, whichever is later.”.

SB70-AA3,304,10 260. Page 374, line 11: after that line insert:

SB70-AA3,304,12 “ Section 472. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table

SB70-AA3,304,13 261. Page 374, line 11: after that line insert:

SB70-AA3,304,14 “ Section 473. 20.435 (5) (bf) of the statutes is amended to read:

SB70-AA3,304,18 20.435 (5) (bf) Brighter futures initiative Grants for youth services . The amounts in the schedule to be transferred to the appropriation account under s. 20.437 (1) (kb) for the brighter futures initiative under s. 48.545 grants for youth services under s. 48.481.

SB70-AA3,474 Section 474. 20.437 (1) (bc) of the statutes is amended to read:

SB70-AA3,305,8 20.437 (1) (bc) Grants for children's community programs youth services. The amounts in the schedule for grants for children's community programs youth services under s. 48.481. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All moneys under this appropriation account that are distributed under s. 48.481 but are not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB70-AA3,475 Section 475. 20.437 (1) (bd) of the statutes is created to read:

SB70-AA3,305,11 20.437 (1) (bd) Tribal family services grants. The amounts in the schedule for tribal family services grants under s. 48.487.

SB70-AA3,476 Section 476. 20.437 (1) (bn) of the statutes is created to read:

SB70-AA3,305,16 20.437 (1) (bn) Tribal placements. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, including placements of Indian juveniles who have been adjudicated delinquent.

SB70-AA3,477 Section 477. 20.437 (1) (e) of the statutes is repealed.

SB70-AA3,478 Section 478. 20.437 (1) (eg) of the statutes is repealed.

SB70-AA3,479 Section 479. 20.437 (1) (er) of the statutes is repealed.

SB70-AA3,480 Section 480. 20.437 (1) (kb) of the statutes is amended to read:

SB70-AA3,305,24 20.437 (1) (kb) Interagency aids; brighter futures initiative grants for youth services. All moneys transferred from the appropriation account under s. 20.435 (5) (bf) for the brighter futures initiative under s. 48.545 grants for youth services under s. 48.481.

SB70-AA3,481 Section 481. 20.9275 (2) (intro.) of the statutes is amended to read:

SB70-AA3,306,7 20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 48.481, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:

SB70-AA3,482 Section 482. 48.48 (19) of the statutes is repealed.

SB70-AA3,483 Section 483. 48.481 (title) of the statutes is amended to read:

SB70-AA3,306,11 48.481 (title) Grants for children's community programs youth services.

SB70-AA3,484 Section 484. 48.481 (intro.) of the statutes is renumbered 48.481 (2m) (intro.) and amended to read:

SB70-AA3,306,17 48.481 (2m) (intro.) From the appropriation under s. 20.437 (1) (bc), the The department shall distribute the following grants for children's community programs youth services to public agencies, nonprofit corporations, and Indian tribes to provide programs that accomplish one or more of the following purposes:

SB70-AA3,485 Section 485. 48.481 (1) of the statutes is repealed.

SB70-AA3,486 Section 486. 48.481 (1m) of the statutes is created to read:

SB70-AA3,306,20 48.481 (1m) In this section:

SB70-AA3,306,22 (a) “Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

SB70-AA3,306,24 (b) “Public agency" means a county, city, village, town, or school district or an agency of this state or of a county, city, village, town, or school district.

SB70-AA3,487 Section 487. 48.481 (2) of the statutes is repealed.

SB70-AA3,488 Section 488. 48.481 (2m) (a), (b), (c), (d), (e), (f), (g), (h) and (i) and (3) of the statutes are created to read:

SB70-AA3,307,3 48.481 (2m) (a) Increasing youth access to housing.

SB70-AA3,307,5 (b) Increasing youth self-sufficiency through employment, education, and training.

SB70-AA3,307,8 (c) Increasing youth social and emotional health by promoting healthy and stable adult connections, social engagement, and connection with necessary services.

SB70-AA3,307,9 (d) Preventing sex trafficking of children and youth.

SB70-AA3,307,11 (e) Providing treatment and services for documented and suspected victims of child and youth sex trafficking.

SB70-AA3,307,13 (f) Preventing and reducing the incidence of youth violence and other delinquent behavior.

SB70-AA3,307,15 (g) Preventing and reducing the incidence of youth alcohol and other drug use and abuse.

SB70-AA3,307,16 (h) Preventing and reducing the incidence of child abuse and neglect.

SB70-AA3,307,17 (i) Preventing and reducing the incidence of teen pregnancy.

SB70-AA3,307,20 (3) From the appropriations under s. 20.437 (1) (bc) and (kb), the department shall distribute $55,000 in each fiscal year to Diverse and Resilient, Inc., to provide programs that accomplish one or more of the purposes under sub. (2m).

SB70-AA3,489 Section 489. 48.545 of the statutes is repealed.

SB70-AA3,490 Section 490. 49.1385 of the statutes is repealed.

SB70-AA3,491 Section 491. 49.175 (1) (intro.) of the statutes is amended to read:

SB70-AA3,308,5 49.175 (1) Allocation of funds. (intro.) In this section, with respect to any of the following that fund a contract for services, “allocate” means to designate an amount of money equal to the amount under the contract that the department is obligated to pay. Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:

SB70-AA3,492 Section 492. 49.175 (1) (f) of the statutes is amended to read:

SB70-AA3,308,10 49.175 (1) (f) Homeless case management services grants. For grants to shelter facilities under s. 16.3085, $500,000 $1,000,000 in each fiscal year. All moneys allocated under this paragraph shall be credited to the appropriation account under s. 20.505 (7) (kg).

SB70-AA3,493 Section 493. 49.175 (1) (ms) of the statutes is created to read:

SB70-AA3,308,14 49.175 (1) (ms) Child support debt reduction. For the child support debt reduction program for low-income noncustodial parents under s. 49.226, $3,472,000 in fiscal year 2023-24 and $6,944,000 in fiscal year 2024-25.

SB70-AA3,494 Section 494. 49.175 (1) (o) of the statutes is amended to read:

SB70-AA3,308,18 49.175 (1) (o) Evidence-based substance abuse prevention grants Grants for youth services. For grants awarded under s. 48.545 (2) (c) 48.481, $500,000 in each fiscal year.

SB70-AA3,495 Section 495. 49.175 (1) (t) of the statutes is amended to read:

SB70-AA3,309,2 49.175 (1) (t) Safety and out-of-home placement services. For services provided to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for services provided to families with children placed in out-of-home care, $10,314,300 $6,282,400 in each fiscal year. To receive funding under this paragraph, a county shall match a percentage of the amount received that is equal to the percentage the county is required to match for a distribution under s. 48.563 (2) as specified by the schedule established by the department under s. 48.569 (1) (d).

SB70-AA3,496 Section 496. 49.175 (1) (zh) of the statutes is amended to read:

SB70-AA3,309,8 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $63,600,000 $109,020,000 in fiscal year 2021-22 2023-24 and $66,600,000 $111,260,000 in fiscal year 2022-23 2024-25.

SB70-AA3,497 Section 497. 49.226 of the statutes is created to read:

SB70-AA3,309,13 49.226 Child support debt reduction. (1) The department shall establish a program to provide a noncustodial child support debt reduction. A noncustodial parent qualifies to receive $1,500 in debt reduction under this section if all of the following apply:

SB70-AA3,309,15 (a) The noncustodial parent completes an eligible employment program, as defined by the department in rules promulgated under sub. (3).

SB70-AA3,309,17 (b) The custodial parent agrees to reducing child support debt owed up to the amount of the benefit paid.

SB70-AA3,309,19 (2) A noncustodial parent may not receive debt reduction under sub. (1) more than once in any 12-month period.

SB70-AA3,309,22 (3) The department shall promulgate rules to implement this section, including rules to determine how debt reduction provided under sub. (1) is apportioned among multiple child support orders.