Amendment AA3-SB70

SB70-AA3,239,21 (4) Grants. From the appropriation under s. 20.435 (5) (ck), the department shall award grants to individuals and entities to develop and support crisis urgent care and observation facilities under this section.

SB70-AA3,240,6 (5) Rules. The department may promulgate rules to implement this section, including requirements for admitting and holding individuals for purposes of emergency detention. The department may promulgate the rules under this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this subsection may remain in effect for not more than 24 months. Notwithstanding s. 227.24 (1) (a) and (3), the department 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-AA3,240,7 258. Page 374, line 11: after that line insert:

SB70-AA3,240,8 “ Section 307. 20.437 (1) (dd) of the statutes is amended to read:

SB70-AA3,240,20 20.437 (1) (dd) State out-of-home care, adoption services, and subsidized guardianships. The amounts in the schedule for foster care, institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, for the cost of care for children under s. 49.19 (10) (d), for the cost of placements of children 18 years of age or over in residential care centers for children and youth under voluntary agreements under s. 48.366 (3) or under orders that terminate as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., for the cost of the foster care monitoring system, for the cost of reimbursing counties and Indian tribes for subsidized guardianship payments under s. 48.623 (3) (a), for the cost of services to children with special needs who are under the guardianship of the department to prepare those children for adoption, and for the cost of postadoption services to children with special needs.

SB70-AA3,308 Section 308. 20.437 (1) (pd) of the statutes is amended to read:

SB70-AA3,241,10 20.437 (1) (pd) Federal aid; state out-of-home care, adoption services, and subsidized guardianships. All federal moneys received for meeting the costs of providing foster care, institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, the cost of care for children under s. 49.19 (10) (d), the cost of placements of children 18 years of age or over in residential care centers for children and youth under voluntary agreements under s. 48.366 (3) or under orders that terminate as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., the cost of reimbursing counties and Indian tribes for subsidized guardianship payments under s. 48.623 (3) (a), the cost of services to children with special needs who are under the guardianship of the department to prepare those children for adoption, and the cost of postadoption services to children with special needs. Disbursements for foster care under s. 49.32 (2) and for the purposes described under s. 48.627 may be made from this appropriation.

SB70-AA3,309 Section 309. 48.48 (8r) of the statutes is amended to read:

SB70-AA3,241,15 48.48 (8r) To reimburse county departments and Indian tribes, from the appropriations under s. 20.437 (1) (dd) and (pd), for subsidized guardianship payments made under s. 48.623 (1) or (6), including guardianships of Indian children ordered by tribal courts.

SB70-AA3,310 Section 310. 48.623 (1) (intro.) of the statutes is amended to read:

SB70-AA3,242,5 48.623 (1) Eligibility. (intro.) A county department or, as provided in sub. (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law if the county department, Indian tribe, or department determines that the conditions specified in pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a), a tribe or the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in par. (a), if the county department, Indian tribe, or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department, Indian tribe, or the department, whichever will be providing those payments, determines that all of the following apply:

SB70-AA3,311 Section 311. 48.623 (1) (b) 3. of the statutes is amended to read:

SB70-AA3,242,13 48.623 (1) (b) 3. The guardian is licensed as the child's foster parent and the guardian and all adults residing in the guardian's home meet the requirements specified in s. 48.685 or, for a guardianship of a child ordered by a tribal court in which the background investigation is conducted by the Indian tribe, all adults residing in the guardian's home meet either the requirements specified in s. 48.685 or the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

SB70-AA3,312 Section 312. 48.623 (1) (c) of the statutes is amended to read:

SB70-AA3,242,20 48.623 (1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or a tribal court 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 in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as provided in s. 48.977 (3r) (a).

SB70-AA3,313 Section 313. 48.623 (2) (intro.) of the statutes is amended to read:

SB70-AA3,243,12 48.623 (2) Subsidized guardianship agreement. (intro.) Before a county department, an Indian tribe, or the department may approve the provision of subsidized guardianship payments under sub. (1) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is 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, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following:

SB70-AA3,314 Section 314. 48.623 (2) (c) of the statutes is amended to read:

SB70-AA3,243,16 48.623 (2) (c) That the county department, Indian tribe, or department will pay the total cost of the nonrecurring expenses that are associated with obtaining guardianship of the child, not to exceed $2,000.

SB70-AA3,315 Section 315. 48.623 (3) (a) of the statutes is amended to read:

SB70-AA3,244,8 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) or (6) for guardianships of children ordered by the tribal court, or a county department may provide the monthly payments under sub. (1) 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. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of Indian children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd) and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx).

SB70-AA3,316 Section 316. 48.623 (3) (b) of the statutes is amended to read:

SB70-AA3,244,18 48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

SB70-AA3,317 Section 317. 48.623 (3) (c) 1. of the statutes is amended to read:

SB70-AA3,245,10 48.623 (3) (c) 1. If a person who is receiving monthly subsidized guardianship payments under an agreement under sub. (2) believes that there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (7) (a), he or she may request that the agreement be amended to increase the amount of those payments. If a request is received under this subdivision, the county department, Indian tribe, or department shall determine whether there has been a substantial change in circumstances and whether there has been a substantiated report of abuse or neglect of the child by the person receiving those payments. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by that person, the county department, Indian tribe, or department shall offer to increase the amount of those payments based on criteria established by the department by rule promulgated under sub. (7) (b). If an increased monthly subsidized guardianship payment is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the increased amount of those payments.

SB70-AA3,318 Section 318. 48.623 (3) (c) 2. of the statutes is amended to read:

SB70-AA3,246,2 48.623 (3) (c) 2. Annually, a county department , Indian tribe, or the department shall review an agreement that has been amended under subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department, Indian tribe, or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under sub. (1) based on criteria established by the department under sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department , Indian tribe, or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department, Indian tribe, or department regarding the decrease under sub. (5).

SB70-AA3,319 Section 319. 48.623 (3) (d) of the statutes is amended to read:

SB70-AA3,246,10 48.623 (3) (d) The department, an Indian tribe, or a county department may recover an overpayment made under sub. (1) or (6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department or Indian tribe 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-AA3,320 Section 320. 48.623 (4) of the statutes is amended to read:

SB70-AA3,246,19 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) 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.

SB70-AA3,321 Section 321. 48.623 (5) (b) 1. (intro.) of the statutes is amended to read:

SB70-AA3,247,11 48.623 (5) (b) 1. (intro.) Upon receipt of a timely petition described in par. (a) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. That county department, Indian tribe, or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department, Indian tribe, or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

SB70-AA3,322 Section 322. 48.623 (5) (b) 2. of the statutes is amended to read:

SB70-AA3,247,22 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) 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 the subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) 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.

SB70-AA3,323 Section 323. 48.623 (6) (am) (intro.) of the statutes is amended to read:

SB70-AA3,248,3 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1), the county department , Indian tribe, or the 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:

SB70-AA3,324 Section 324. 48.623 (6) (am) 1. of the statutes is amended to read:

SB70-AA3,248,9 48.623 (6) (am) 1. The county department, Indian tribe, or department inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

SB70-AA3,325 Section 325. 48.623 (6) (am) 2. of the statutes is amended to read:

SB70-AA3,248,21 48.623 (6) (am) 2. The county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the interim caretaker and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim caretaker and determines that those individuals meet the requirements specified in s. 48.685. For investigations conducted by an Indian tribe, the background investigation may be conducted under s. 48.685 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20). The county department, Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.

SB70-AA3,326 Section 326. 48.623 (6) (am) 3. of the statutes is amended to read:

SB70-AA3,248,25 48.623 (6) (am) 3. The interim caretaker cooperates with the county department, Indian tribe, or department in finding a permanent placement for the child.

SB70-AA3,327 Section 327. 48.623 (6) (bm) (intro.), 1., 2., 3., 4. and 5. of the statutes are amended to read:

SB70-AA3,249,11 48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving payments under sub. (1), 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):

SB70-AA3,249,14 1. The county department, Indian tribe, or department determines that the child, if 14 years of age or over, has been consulted with regarding the successor guardianship arrangement.

SB70-AA3,249,16 2. The county department, Indian tribe, or department determines that the person has a strong commitment to caring permanently for the child.

SB70-AA3,249,20 3. The county department, Indian tribe, or department inspects the home of the person, interviews the person, and determines that placement of the child with the person is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

SB70-AA3,249,23 4. Prior to being appointed as successor guardian to assume the duty and authority of guardianship, the person enters into a subsidized guardianship agreement under sub. (2) with the county department, Indian tribe, or department.

SB70-AA3,250,7 5. Prior to the person entering into the subsidized guardianship agreement, the county department, Indian tribe, or department conducts a background investigation under s. 48.685 of the person and any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the person and determines that those individuals meet the requirements specified in s. 48.685. The county department , Indian tribe, or department shall provide the department of health services with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of a person receiving those payments for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.

SB70-AA3,328 Section 328. 48.623 (7) (b) of the statutes is amended to read:

SB70-AA3,250,14 48.623 (7) (b) Rules establishing requirements for submitting a request under sub. (3) (c) 1. and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department, an Indian tribe, or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.

SB70-AA3,329 Section 329. 48.623 (8) of the statutes is created to read:

SB70-AA3,250,23 48.623 (8) Tribal agreements. (a) The department may enter into an agreement with the governing body of an Indian tribe to allow that governing body to administer subsidized guardianships ordered by a tribal court under a tribal law substantially similar to s. 48.977 (2) and to be reimbursed by the department for eligible tribal subsidized guardianship payments. An agreement under this paragraph shall require the governing body of an Indian tribe to comply with all requirements for administering subsidized guardianship that apply to counties and the department, including eligibility.

SB70-AA3,251,2 (b) A county department may provide the monthly payments under sub. (1) 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.

SB70-AA3,330 Section 330. 48.685 (5) (a) of the statutes is amended to read:

SB70-AA3,251,18 48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or a child welfare agency may license to operate a foster home under s. 48.62, the department in a county having a population of 750,000 or more, an Indian tribe, or a county department may provide subsidized guardianship payments under s. 48.623 (6) to a person who otherwise may not be so licensed or provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be so employed, provided payments, or permitted to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, county department, or child welfare agency or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

SB70-AA3,331 Section 331. 48.977 (3r) (a) of the statutes is amended to read:

SB70-AA3,252,11 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) 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 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) 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 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).

SB70-AA3,332 Section 332. 48.977 (3r) (b) of the statutes is amended to read:

SB70-AA3,253,2 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 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).”.

SB70-AA3,253,3 259. Page 374, line 11: after that line insert:

SB70-AA3,253,5 “ Section 333. 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 - See PDF for table - See PDF for table

SB70-AA3,334 Section 334. 20.437 (1) (es) of the statutes is created to read:

SB70-AA3,253,8 20.437 (1) (es) Kinship care; flexible support. The amounts in the schedule for flexible support for a kinship care provider under s. 48.57 (3m) (as).

SB70-AA3,335 Section 335. 20.437 (2) (d) of the statutes is created to read:

SB70-AA3,253,11 20.437 (2) (d) Child care partnership grant program. The amounts in the schedule for the grants under s. 49.132.

SB70-AA3,336 Section 336. 20.437 (2) (c) of the statutes is created to read:

SB70-AA3,253,14 20.437 (2) (c) Child care quality improvement program. The amounts in the schedule for the program under s. 49.133.

SB70-AA3,337 Section 337. 48.02 (12c) of the statutes is created to read:

SB70-AA3,254,3 48.02 (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-AA3,254,6 (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-AA3,254,10 (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-AA3,254,12 (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-AA3,338 Section 338. 48.02 (15) of the statutes is amended to read:

SB70-AA3,254,24 48.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, first cousin once removed, 2nd cousin, 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. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member, as defined in s. 48.028 (2) (am), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a child, “relative" also includes a parent of a sibling of the child who has legal custody of that sibling.

SB70-AA3,339 Section 339. 48.028 (2) (e) of the statutes is amended to read:

SB70-AA3,255,9 48.028 (2) (e) “Out-of-home care placement" means the removal of an Indian child 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 child returned upon demand. “Out-of-home care placement" does not include an adoptive placement, a preadoptive placement, a delegation of powers, as described in par. (d) 5., an emergency change in placement under s. 48.357 (2) (b), or holding an Indian child in custody under ss. 48.19 to 48.21.

SB70-AA3,340 Section 340. 48.028 (2) (f) of the statutes is amended to read:

SB70-AA3,255,16 48.028 (2) (f) “Preadoptive placement" means the temporary placement of an Indian child 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 the home of a guardian after a termination of parental rights but prior to or in lieu of an adoptive placement. “Preadoptive placement" does not include an emergency change in placement under s. 48.437 (2).

SB70-AA3,341 Section 341. 48.207 (1) (b) of the statutes is amended to read:

SB70-AA3,255,25 48.207 (1) (b) The home of a relative or like-kin, except that a child may not be held under this paragraph 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 child, 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 child. The person making the custody decision shall consider the wishes of the child in making that determination.

SB70-AA3,342 Section 342. 48.207 (1) (f) of the statutes is amended to read:

SB70-AA3,256,5 48.207 (1) (f) The home of a person not a relative or like-kin, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a license under s. 48.62 refused, revoked, or suspended within the last 2 years.

SB70-AA3,343 Section 343. 48.33 (4) (intro.) of the statutes is amended to read:

SB70-AA3,256,13 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child 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 shall be in writing and shall include all of the following:

SB70-AA3,344 Section 344. 48.335 (3g) (intro.) of the statutes is amended to read:

SB70-AA3,256,20 48.335 (3g) (intro.) At hearings under this section, if the agency, as defined in s. 48.38 (1) (a), is recommending placement of the child 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-AA3,345 Section 345. 48.335 (3j) (intro.) of the statutes is amended to read: