SB70-SSA2-SA1,251,1412
(a) Prior to the child's placement in out-of-home care, the person had an
13existing relationship with the child or the child's family that is similar to a familial
14relationship.
SB70-SSA2-SA1,251,1815
(b) During the child's placement in out-of-home care, the person developed a
16relationship with the child or the child's family that is similar to a familial
17relationship, and the person is not and has not previously been the child's licensed
18foster parent.
SB70-SSA2-SA1,251,2019
(c) For an Indian child, “like-kin” includes individuals identified by the child's
20tribe according to tribal tradition, custom or resolution, code, or law.
SB70-SSA2-SA1,252,822
938.02
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
23stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
24cousin,
first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
25or any person of a preceding generation as denoted by the prefix of grand, great, or
1great-great, whether by blood, marriage, or legal adoption, or the spouse of any
2person named in this subsection, even if the marriage is terminated by death or
3divorce. For purposes of the application of s. 938.028 and the federal Indian Child
4Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member,
5as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
6adoption under tribal law or custom. For purposes of placement of a juvenile,
7“relative" also includes a parent of a sibling of the juvenile who has legal custody of
8that sibling.
SB70-SSA2-SA1,252,1710
938.028
(2) (c) “Out-of-home care placement" means the removal of an Indian
11juvenile from the home of his or her parent or Indian custodian for temporary
12placement in a foster home, group home, residential care center for children and
13youth, or shelter care facility, in the home of a relative other than a parent,
in the
14home of like-kin, or in the home of a guardian, from which placement the parent or
15Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
16care placement" does not include an emergency change in placement under s.
17938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
SB70-SSA2-SA1,253,219
938.207
(1) (b) The home of a relative
or like-kin, except that a juvenile may
20not be held in the home of a
relative if the relative person who has been convicted
21under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
222nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
23not been reversed, set aside or vacated, unless the person making the custody
24decision determines by clear and convincing evidence that the placement would be
1in the best interests of the juvenile. The person making the custody decision shall
2consider the wishes of the juvenile in making that determination.
SB70-SSA2-SA1,253,74
938.207
(1) (f) The home of a person not a relative
or like-kin if the person has
5not had a license under s. 48.62 refused, revoked, or suspended within the previous
62 years. A placement under this paragraph may not exceed 30 days, unless the
7placement is extended by the court for cause for an additional 30 days.
SB70-SSA2-SA1,512
8Section
512. 938.33 (4) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,253,169
938.33
(4) Other out-of-home placements. (intro.) A report recommending
10placement in a foster home, group home, or nonsecured residential care center for
11children and youth, in the home of a relative other than a parent,
in the home of
12like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
13independent living arrangement shall be in writing, except that the report may be
14presented orally at the dispositional hearing if all parties consent. A report that is
15presented orally shall be transcribed and made a part of the court record. The report
16shall include all of the following:
SB70-SSA2-SA1,513
17Section
513. 938.335 (3g) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,253,2418
938.335
(3g) Reasonable efforts finding. (intro.) At hearings under this
19section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
20the juvenile in a foster home, group home, or residential care center for children and
21youth, in the home of a relative other than a parent,
in the home of like-kin, in the
22home of a guardian under s. 48.977 (2), or in a supervised independent living
23arrangement, the agency shall present as evidence specific information showing all
24of the following:
SB70-SSA2-SA1,514
25Section
514. 938.335 (3j) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,254,8
1938.335
(3j) Indian juvenile; active efforts finding. (intro.) At hearings
2under this section involving an Indian juvenile who is the subject of a proceeding
3under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
4recommending removal of the Indian juvenile from the home of his or her parent or
5Indian custodian and placement of the Indian juvenile in a foster home, group home,
6or residential care center for children and youth
or
, in the home of a relative other
7than a parent,
or in the home of like-kin, the agency shall present as evidence
8specific information showing all of the following:
SB70-SSA2-SA1,515
9Section
515. 938.34 (3) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,254,1410
938.34
(3) (a) (intro.) The home of a parent
or, other relative
, or like-kin of the
11juvenile, except that the court may not designate any of the following as the juvenile's
12placement, unless the court determines by clear and convincing evidence that the
13placement would be in the best interests of the juvenile or, in the case of an Indian
14juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
SB70-SSA2-SA1,516
15Section
516. 938.34 (3) (a) 1. of the statutes is amended to read:
SB70-SSA2-SA1,254,2116
938.34
(3) (a) 1. The home of a parent
or, other relative
, or like-kin of the
17juvenile if the parent
or, other relative
, or like-kin has been convicted of the homicide
18of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
19reversed, set aside, or vacated. In determining whether a placement under this
20subdivision would be in the best interests of the juvenile, the court shall consider the
21wishes of the juvenile.
SB70-SSA2-SA1,517
22Section
517. 938.34 (3) (a) 2. of the statutes is amended to read:
SB70-SSA2-SA1,255,423
938.34
(3) (a) 2. The home of a relative other than the parent of the juvenile
24or the home of like-kin if the court finds that the relative
or like-kin has been
25convicted of, has pleaded no contest to, or has had a charge dismissed or amended
1as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
2(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
3948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
4a similar law of another state.
SB70-SSA2-SA1,518
5Section
518. 938.355 (4) (am) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,255,126
938.355
(4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order
7under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years
8of age that places or continues the placement of the juvenile in a foster home, group
9home, or residential care center for children and youth, in the home of a relative other
10than a parent
, in the home of like-kin, or in a supervised independent living
11arrangement shall terminate on the latest of the following dates, unless the court
12specifies a shorter period or the court terminates the order sooner:
SB70-SSA2-SA1,519
13Section
519. 938.357 (6) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,255,2014
938.357
(6) (a) (intro.) No change in placement may extend the expiration date
15of the original dispositional order, except that if the change in placement is from a
16placement in the juvenile's home to a placement in a foster home, group home, or
17residential care center for children and youth, in the home of a relative who is not
18a parent
, in the home of like-kin, or in a supervised independent living arrangement,
19the court may extend the expiration date of the original dispositional order to the
20latest of the following dates, unless the court specifies a shorter period:
SB70-SSA2-SA1,256,422
938.357
(6) (b) If the change in placement is from a placement in a foster home,
23group home, or residential care center for children and youth or in the home of a
24relative
or like-kin to a placement in the juvenile's home and if the expiration date
25of the original dispositional order is more than one year after the date on which the
1change-in-placement order is granted, the court shall shorten the expiration date
2of the original dispositional order to the date that is one year after the date on which
3the change-in-placement order is granted or to an earlier date as specified by the
4court.
SB70-SSA2-SA1,521
5Section
521. 938.365 (5) (b) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,256,106
938.365
(5) (b) (intro.) Except as provided in s. 938.368, an order under this
7section that continues the placement of a juvenile in a foster home, group home, or
8residential care center for children and youth, in the home of a relative other than
9a parent
, in the home of like-kin, or in a supervised independent living arrangement
10shall be for a specified length of time not to exceed the latest of the following dates:
SB70-SSA2-SA1,256,1712
938.366
(1) (a) The person is placed in a foster home, group home, or residential
13care center for children and youth, in the home of a relative other than a parent,
in
14the home of like-kin, or in a supervised independent living arrangement under an
15order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355
16(4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after
17the person attains 18 years of age.
SB70-SSA2-SA1,523
18Section
523. 938.371 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,257,419
938.371
(1) Medical information. (intro.) If a juvenile is placed in a foster
20home, group home, residential care center for children and youth, or juvenile
21correctional facility
or, in the home of a relative other than a parent,
or in the home
22of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined
23in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the
24juvenile shall provide the following information to the foster parent, relative
,
25like-kin, or operator of the group home, residential care center for children and
1youth, or juvenile correctional facility at the time of placement or, if the information
2has not been provided to the agency by that time, as soon as possible after the date
3on which the agency receives that information, but not more than 2 working days
4after that date:
SB70-SSA2-SA1,257,116
938.371
(1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
7juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
8report or permanency plan. At the time that the test results are provided, the agency
9shall notify the foster parent, relative,
like-kin, or operator of the group home,
10residential care center for children and youth, or juvenile correctional facility of the
11confidentiality requirements under s. 252.15 (6).
SB70-SSA2-SA1,525
12Section
525. 938.371 (3) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,257,2513
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
14in a foster home, group home, residential care center for children and youth, or
15juvenile correctional facility or in the home of a relative other than a parent
or in the
16home of like-kin or, if the information is not available at that time, as soon as possible
17after the date on which the court report or permanency plan has been submitted, but
18no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
19responsible for preparing the juvenile's permanency plan shall provide to the foster
20parent, relative,
like-kin, or operator of the group home, residential care center for
21children and youth, or juvenile correctional facility information contained in the
22court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
23submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
24or agency that prepared the court report or permanency plan relating to any of the
25following:
SB70-SSA2-SA1,258,82
938.371
(5) Confidentiality of information. Except as permitted under s.
3252.15 (6), a foster parent, treatment foster parent, relative,
like-kin, or operator of
4a group home, residential care center for children and youth, or juvenile correctional
5facility that receives any information under sub. (1) or (3), other than the information
6described in sub. (3) (e), shall keep the information confidential and may disclose that
7information only for the purposes of providing care for the juvenile or participating
8in a court hearing or permanency review concerning the juvenile.
SB70-SSA2-SA1,527
9Section
527. 938.38 (2) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,258,1910
938.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
11for each juvenile living in a foster home, group home, residential care center for
12children and youth, juvenile detention facility, shelter care facility, or supervised
13independent living arrangement, the agency that placed the juvenile or arranged the
14placement or the agency assigned primary responsibility for providing services to the
15juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any
16of the following conditions exists, and, for each juvenile living in the home of a
17guardian or a relative other than a parent
or in the home of like-kin, that agency
18shall prepare a written permanency plan, if any of the conditions under pars. (a) to
19(e) exists:
SB70-SSA2-SA1,258,2421
938.38
(3m) (a)
All appropriate biological family members, relatives, and
22like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02
23(12c) (b), in this paragraph, “like-kin” may include a person who is or previously was
24the child's licensed foster parent.
SB70-SSA2-SA1,529
25Section
529. 938.38 (4) (f) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,259,5
1938.38
(4) (f) (intro.) A description of the services that will be provided to the
2juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the
3facility where the juvenile is living, or the relative
or like-kin with whom the juvenile
4is living to carry out the dispositional order, including services planned to accomplish
5all of the following:
SB70-SSA2-SA1,259,157
938.38
(4m) (b) At least 10 days before the date of the hearing the court shall
8notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any
9foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the
10operator of the facility in which the juvenile is living, or the relative
or like-kin with
11whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is
12alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the
13Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
14hearing, of the issues to be determined at the hearing, and of the fact that they shall
15have a right to be heard at the hearing.
SB70-SSA2-SA1,259,2517
938.38
(4m) (d) The court shall give a foster parent, other physical custodian
18described in s. 48.62 (2), operator of a facility,
or relative
, or like-kin who is notified
19of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
20parent, other physical custodian, operator,
or relative
, or like-kin to make a written
21or oral statement during the hearing, or to submit a written statement prior to the
22hearing, relevant to the issues to be determined at the hearing. The foster parent,
23other physical custodian, operator of a facility,
or relative
, or like-kin does not
24become a party to the proceeding on which the hearing is held solely on the basis of
25receiving that notice and right to be heard.
SB70-SSA2-SA1,260,182
938.38
(5) (b) The court or the agency shall notify the juvenile; the juvenile's
3parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the
4facility in which the juvenile is living, or the relative
or like-kin with whom the
5juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the
6home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
7Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
8review, of the issues to be determined as part of the review, and of the fact that they
9shall have a right to be heard at the review as provided in par. (bm) 1. The court or
10agency shall notify the person representing the interests of the public, the juvenile's
11counsel, the juvenile's guardian ad litem, and the juvenile's school of the time, place,
12and purpose of the review, of the issues to be determined as part of the review, and
13of the fact that they may have an opportunity to be heard at the review as provided
14in par. (bm) 1. The notices under this paragraph shall be provided in writing not less
15than 30 days before the review and copies of the notices shall be filed in the juvenile's
16case record. The notice to the juvenile's school shall also include the name and
17contact information for the caseworker or social worker assigned to the juvenile's
18case.
SB70-SSA2-SA1,533
19Section
533. 938.38 (5) (bm) 1. of the statutes is amended to read:
SB70-SSA2-SA1,261,720
938.38
(5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
21operator of a facility,
or relative
, or like-kin who is provided notice of the review
22under par. (b) shall have a right to be heard at the review by submitting written
23comments relevant to the determinations specified in par. (c) not less than 10
24working days before the date of the review or by participating at the review. A person
25representing the interests of the public, counsel, guardian ad litem, or school who is
1provided notice of the review under par. (b) may have an opportunity to be heard at
2the review by submitting written comments relevant to the determinations specified
3in par. (c) not less than 10 working days before the date of the review. A foster parent,
4operator of a facility,
or relative
, or like-kin who receives notice of a review under par.
5(b) and a right to be heard under this subdivision does not become a party to the
6proceeding on which the review is held solely on the basis of receiving that notice and
7right to be heard.
SB70-SSA2-SA1,261,179
938.38
(5) (e) Within 30 days, the agency shall prepare a written summary of
10the determinations under par. (c) and shall provide a copy to the court that entered
11the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
12representing the interests of the public; the juvenile's parent, guardian, or legal
13custodian; the juvenile's foster parent, the operator of the facility where the juvenile
14is living, or the relative
or like-kin with whom the juvenile is living; and, if the
15juvenile is an Indian juvenile who is placed outside the home of his or her parent or
16Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
17custodian and tribe.
SB70-SSA2-SA1,262,919
938.38
(5m) (b) The court shall notify the juvenile; the juvenile's parent,
20guardian, and legal custodian; and the juvenile's foster parent, the operator of the
21facility in which the juvenile is living, or the relative
or like-kin with whom the
22juvenile is living of the time, place, and purpose of the hearing, of the issues to be
23determined at the hearing, and of the fact that they shall have a right to be heard
24at the hearing as provided in par. (c) 1. The court shall notify the juvenile's counsel
25and the juvenile's guardian ad litem; the agency that prepared the permanency plan;
1the juvenile's school; the person representing the interests of the public; and, if the
2juvenile is an Indian juvenile who is placed outside the home of his or her parent or
3Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
4custodian and tribe of the time, place, and purpose of the hearing, of the issues to be
5determined at the hearing, and of the fact that they may have an opportunity to be
6heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall
7be provided in writing not less than 30 days before the hearing. The notice to the
8juvenile's school shall also include the name and contact information for the
9caseworker or social worker assigned to the juvenile's case.
SB70-SSA2-SA1,536
10Section
536. 938.38 (5m) (c) 1. of the statutes is amended to read:
SB70-SSA2-SA1,262,2411
938.38
(5m) (c) 1. A juvenile, parent, guardian, legal custodian, foster parent,
12operator of a facility,
or relative
, or like-kin who is provided notice of the hearing
13under par. (b) shall have a right to be heard at the hearing by submitting written
14comments relevant to the determinations specified in sub. (5) (c) not less than 10
15working days before the date of the hearing or by participating at the hearing. A
16counsel, guardian ad litem, agency, school, or person representing the interests of the
17public who is provided notice of the hearing under par. (b) may have an opportunity
18to be heard at the hearing by submitting written comments relevant to the
19determinations specified in sub. (5) (c) not less than 10 working days before the date
20of the hearing or by participating at the hearing. A foster parent, operator of a
21facility,
or relative
, or like-kin who receives notice of a hearing under par. (b) and a
22right to be heard under this subdivision does not become a party to the proceeding
23on which the hearing is held solely on the basis of receiving that notice and right to
24be heard.
SB70-SSA2-SA1,263,18
1938.38
(5m) (e) After the hearing, the court shall make written findings of fact
2and conclusions of law relating to the determinations under sub. (5) (c) and shall
3provide a copy of those findings of fact and conclusions of law to the juvenile; the
4juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
5operator of the facility in which the juvenile is living, or the relative
or like-kin with
6whom the juvenile is living; the agency that prepared the permanency plan; the
7person representing the interests of the public; and, if the juvenile is an Indian
8juvenile who is placed outside the home of his or her parent or Indian custodian
9under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.
10The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis
11based on circumstances specific to the juvenile and shall document or reference the
12specific information on which those findings are based in the findings of fact and
13conclusions of law prepared under this paragraph. Findings of fact and conclusions
14of law that merely reference sub. (5) (c) 7. without documenting or referencing that
15specific information in the findings of fact and conclusions of law or amended
16findings of fact and conclusions of law that retroactively correct earlier findings of
17fact and conclusions of law that do not comply with this paragraph are not sufficient
18to comply with this paragraph.
SB70-SSA2-SA1,538
19Section
538. 938.385 (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,264,6
20938.385 Plan for transition to independent living. (intro.) During the 90
21days immediately before a juvenile who is placed in a foster home, group home, or
22residential care center for children and youth, in the home of a relative other than
23a parent,
in the home of like-kin, or in a supervised independent living arrangement
24attains 18 years of age or, if the juvenile is placed in such a placement under an order
25under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after
1the juvenile attains 18 years of age or under a voluntary
2transition-to-independent-living agreement under s. 938.366 (3) that terminates
3under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days
4immediately before the termination of the order or agreement, the agency primarily
5responsible for providing services to the juvenile under the order or agreement shall
6do all of the following:
SB70-SSA2-SA1,539
7Section
539. DCF 56.23 (1) (c) of the administrative code is amended to read:
SB70-SSA2-SA1,264,108
DCF 56.23
(1) (c) A placing agency may not make a supplemental or
9exceptional payment
or pay an initial clothing allowance
, except for an exceptional
10payment under sub. (3) (a) 2., for a child placed in a Level 1 foster home.
SB70-SSA2-SA1,540
11Section
540. DCF 58.08 (9) (c) and (d) of the administrative code are created
12to read:
SB70-SSA2-SA1,264,1713
DCF 58.08
(9) (c)
Exceptional payments. A kinship care agency may issue to
14a relative caregiver who is receiving kinship care payments or long-term kinship
15care payments an exceptional payment to enable siblings or minor parent and minor
16children to reside together, subject to a maximum payment amount determined by
17the department.
SB70-SSA2-SA1,264,2218
(d)
Initial clothing allowance. A kinship care agency may pay an initial
19clothing allowance to a relative caregiver when the relative caregiver is initially
20approved by the kinship care agency. The amount of the initial clothing allowance
21shall be the actual cost of the clothing not to exceed a maximum determined by the
22department.
SB70-SSA2-SA1,265,524
(1)
Child care quality improvement program. Using the procedure under s.
25227.24, the department of children and families may promulgate the rules
1authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a)
2and (3), the department of children and families is not required to provide evidence
3that promulgating a rule under this subsection as an emergency rule is necessary for
4the preservation of the public peace, health, safety, or welfare and is not required to
5provide a finding of emergency for a rule promulgated under this subsection.
SB70-SSA2-SA1,265,97
(1)
Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am)
8(intro.) (by
Section 43q) and (3n) (am) (intro.) (by
Section 66q) and 48.62 (4) takes
9effect on January 1, 2024, or on the day after publication, whichever is later.”.
SB70-SSA2-SA1,265,12
11“
Section
541. 234.18 (1) of the statutes is renumbered 234.18 and amended
12to read:
SB70-SSA2-SA1,265,18
13234.18 Limit on amount of outstanding bonds and notes. The authority
14may not issue notes and bonds that are secured by a capital reserve fund to which
15s. 234.15 (4) applies if, upon issuance, the total aggregate outstanding principal
16amount of notes and bonds that are secured by a capital reserve fund to which s.
17234.15 (4) applies would exceed
$600,000,000
$1,200,000,000. This section does not
18apply to bonds and notes issued to refund outstanding notes and bonds.
SB70-SSA2-SA1,266,922
20.437
(1) (dd)
State out-of-home care, adoption services, and subsidized
23guardianships. The amounts in the schedule for foster care, institutional child care,
24and subsidized adoptions under ss. 48.48 (12) and 48.52, for the cost of care for
1children under s. 49.19 (10) (d), for the cost of placements of children 18 years of age
2or over in residential care centers for children and youth under voluntary
3agreements under s. 48.366 (3) or under orders that terminate as provided in s.
448.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., for the cost of the foster care
5monitoring system, for the cost of reimbursing counties
and Indian tribes for
6subsidized guardianship payments under s. 48.623 (3) (a), for the cost of services to
7children with special needs who are under the guardianship of the department to
8prepare those children for adoption, and for the cost of postadoption services to
9children with special needs.
SB70-SSA2-SA1,266,2311
20.437
(1) (pd)
Federal aid; state out-of-home care, adoption services, and
12subsidized guardianships. All federal moneys received for meeting the costs of
13providing foster care, institutional child care, and subsidized adoptions under ss.
1448.48 (12) and 48.52, the cost of care for children under s. 49.19 (10) (d), the cost of
15placements of children 18 years of age or over in residential care centers for children
16and youth under voluntary agreements under s. 48.366 (3) or under orders that
17terminate as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., the
18cost of reimbursing counties
and Indian tribes for subsidized guardianship
19payments under s. 48.623 (3) (a), the cost of services to children with special needs
20who are under the guardianship of the department to prepare those children for
21adoption, and the cost of postadoption services to children with special needs.
22Disbursements for foster care under s. 49.32 (2) and for the purposes described under
23s. 48.627 may be made from this appropriation.
SB70-SSA2-SA1,267,4
148.48
(8r) To reimburse county departments
and Indian tribes, from the
2appropriations under s. 20.437 (1) (dd) and (pd), for subsidized guardianship
3payments made under s. 48.623 (1) or (6), including guardianships of
Indian children
4ordered by tribal courts.
SB70-SSA2-SA1,546
5Section
546. 48.623 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,267,196
48.623
(1) Eligibility. (intro.) A county department or, as provided in sub. (3)
7(a),
an Indian tribe or the department shall provide monthly subsidized
8guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child
9under s. 48.977 (2) or under a substantially similar tribal law if the county
10department
, Indian tribe, or department determines that the conditions specified in
11pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a),
12a tribe or the department shall also provide those payments for the care of a sibling
13of such a child, regardless of whether the sibling meets the conditions specified in par.
14(a), if the county department
, Indian tribe, or department and the guardian agree on
15the appropriateness of placing the sibling in the home of the guardian. A guardian
16of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for
17monthly subsidized guardianship payments under this subsection if the county
18department
, Indian tribe, or
the department, whichever will be providing those
19payments, determines that all of the following apply:
SB70-SSA2-SA1,547
20Section
547. 48.623 (1) (b) 3. of the statutes is amended to read:
SB70-SSA2-SA1,268,221
48.623
(1) (b) 3. The guardian is licensed as the child's foster parent and the
22guardian and all adults residing in the guardian's home meet the requirements
23specified in s. 48.685
or, for a guardianship of a child ordered by a tribal court in
24which the background investigation is conducted by the Indian tribe, all adults
25residing in the guardian's home meet either the requirements specified in s. 48.685
1or the background check requirements for foster parent licensing under 42 USC 671
2(a) (20).