Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,64,13 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 specialized services to children with high acuity needs in congregate care facilities under s. 48.48 (8x), 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.

AB50-ASA2-AA8,91 Section 91. 48.48 (8x) of the statutes is created to read:

AB50-ASA2-AA8,64,17 48.48 (8x) To pay for specialized services to children with high acuity needs in congregate care facilities as defined under s. 48.685 (1) (ao), from the appropriations under s. 20.437 (1) (dd) and (pd).

AB50-ASA2-AA8,9206 Section 9206. Fiscal changes; Children and Families.

AB50-ASA2-AA8,65,4 (1) Specialized congregate care payments. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (dd), the dollar amount for fiscal year 2025-26 is increased by $2,657,500 to maintain the contract with the Chileda Institute for 8 beds and to provide 5 percent inflationary increases for contracted services for calendar year 2026. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (dd), the dollar amount for fiscal year 2026-27 is increased by $2,710,700 to maintain the contract with the Chileda Institute for 8 beds and to provide 2 percent inflationary increases for contracted services for calendar year 2027.”.

AB50-ASA2-AA8,65,5 25. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,65,6 “Section 92. 20.437 (1) (cx) of the statutes is amended to read:

AB50-ASA2-AA8,65,13 20.437 (1) (cx) Child welfare services; aids. The amounts in the schedule for providing services to children and families under s. 48.48 (17) in a county having a population of 750,000 or more, for the cost of subsidized guardianship payments under s. 48.623 (1) (1r) or (6), and, to the extent that a demonstration project authorized under 42 USC 1320a-9 reduces the cost of providing out-of-home care for children in that county, for services for children and families under s. 48.563 (4) in counties having a population of less than 750,000.

AB50-ASA2-AA8,93 Section 93. 20.437 (1) (mx) of the statutes is amended to read:

AB50-ASA2-AA8,65,18 20.437 (1) (mx) Federal aid; Milwaukee child welfare services aids. All federal moneys received for providing services to children and families under s. 48.48 (17), to carry out the purposes for which received and for the cost of subsidized guardianship payments under s. 48.623 (1) (1r) or (6).

AB50-ASA2-AA8,94 Section 94. 48.38 (2) (f) of the statutes is amended to read:

AB50-ASA2-AA8,65,22 48.38 (2) (f) The child’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a child whose care is being paid for under s. 48.623 (1) (1r).

AB50-ASA2-AA8,95 Section 95. 48.38 (4) (j) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,66,2 48.38 (4) (j) (intro.) If the child is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB50-ASA2-AA8,96 Section 96. 48.38 (4) (j) 3. of the statutes is amended to read:

AB50-ASA2-AA8,66,8 48.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement 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).

AB50-ASA2-AA8,97 Section 97. 48.38 (4) (j) 4. of the statutes is amended to read:

AB50-ASA2-AA8,66,12 48.38 (4) (j) 4. The ways in which the child and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

AB50-ASA2-AA8,98 Section 98. 48.38 (4) (j) 5. of the statutes is amended to read:

AB50-ASA2-AA8,66,18 48.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the child by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB50-ASA2-AA8,99 Section 99. 48.48 (8r) of the statutes is amended to read:

AB50-ASA2-AA8,66,23 48.48 (8r) To reimburse county departments, the county department under s. 46.215, and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) (1r) or (6), including guardianships of children ordered by tribal courts.

AB50-ASA2-AA8,100 Section 100. 48.57 (3m) (a) 1m. of the statutes is created to read:

AB50-ASA2-AA8,67,2 48.57 (3m) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

AB50-ASA2-AA8,101 Section 101. 48.57 (3m) (am) 2. of the statutes is renumbered 48.57 (3m) (am) 2. (intro.) and amended to read:

AB50-ASA2-AA8,67,6 48.57 (3m) (am) 2. (intro.) The county department or department determines that the child meets one or more of the following conditions:

AB50-ASA2-AA8,67,8 a. The child meets one or more of the criteria specified in s. 48.13, 938.12, or 938.13, that the.

AB50-ASA2-AA8,67,10 b. The child would be at risk of meeting one or more of those the criteria specified in s. 48.13 or 938.13 if the child were to remain in his or her home or, if.

AB50-ASA2-AA8,67,13 c. If the child is 18 years of age or over, that the child would meet or be at risk of meeting one or more of those the criteria as specified in this subdivision in s. 48.13 or 938.13 if the child were under 18 years of age.

AB50-ASA2-AA8,102 Section 102. 48.57 (3m) (am) 4m. of the statutes is amended to read:

AB50-ASA2-AA8,67,21 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child and that no adult resident, as defined in sub. (3p) (a) 1., and no employee or prospective employee of the kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care provider’s ability to care for the child.

AB50-ASA2-AA8,103 Section 103. 48.57 (3m) (ap) 1. of the statutes is amended to read:

AB50-ASA2-AA8,68,9 48.57 (3m) (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 or the county department may make payments under par. (am) to a kinship care provider who is providing care and maintenance for a child who is placed in the home of the kinship care provider under a court order 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 kinship care provider for a license to operate a foster home or, if the application is approved or denied or the kinship care 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 kinship care provider is otherwise determined to be ineligible for licensure.

AB50-ASA2-AA8,104 Section 104. 48.57 (3m) (ap) 3. of the statutes is amended to read:

AB50-ASA2-AA8,69,2 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care provider specified in subd. 1. is denied or the kinship care 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 or the county department may make payments under par. (am) to the kinship care provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply 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 kinship care provider’s home and the ability of the kinship care provider to care for the child, and a recommendation that the child remain in the home of the kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care provider’s home. If the court does not order the child to remain in the kinship care 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). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement.

AB50-ASA2-AA8,105 Section 105. 48.57 (3m) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA8,69,9 48.57 (3m) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB50-ASA2-AA8,106 Section 106. 48.57 (3m) (c) of the statutes is amended to read:

AB50-ASA2-AA8,69,15 48.57 (3m) (c) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB50-ASA2-AA8,107 Section 107. 48.57 (3m) (cm) of the statutes is amended to read:

AB50-ASA2-AA8,69,19 48.57 (3m) (cm) A kinship care 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. (3n) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that child.

AB50-ASA2-AA8,108 Section 108. 48.57 (3m) (d) of the statutes is amended to read:

AB50-ASA2-AA8,70,4 48.57 (3m) (d) A county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

AB50-ASA2-AA8,109 Section 109. 48.57 (3m) (g) 2. (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,70,15 48.57 (3m) (g) 2. (intro.) If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be 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 of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the kinship care program in that county or the county department that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB50-ASA2-AA8,110 Section 110. 48.57 (3m) (h) of the statutes is amended to read:

AB50-ASA2-AA8,71,2 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department or a county department may recover an overpayment made under par. (am) from a kinship care provider who continues to receive payments under par. (am) by reducing the amount of the kinship care 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.

AB50-ASA2-AA8,111 Section 111. 48.57 (3n) (a) 1m. of the statutes is created to read:

AB50-ASA2-AA8,71,5 48.57 (3n) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

AB50-ASA2-AA8,112 Section 112. 48.57 (3n) (am) 4. of the statutes is amended to read:

AB50-ASA2-AA8,71,15 48.57 (3n) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care provider, the employees and prospective employees of the long-term kinship care provider who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a) 1., of the long-term kinship care provider’s home to determine if the long-term kinship care provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care provider’s ability to care for the child.

AB50-ASA2-AA8,113 Section 113. 48.57 (3n) (am) 4m. of the statutes is amended to read:

AB50-ASA2-AA8,71,24 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child and that, to the best of the long-term kinship care provider’s knowledge, no adult resident, as defined in sub. (3p) (a) 1., and no employee or prospective employee of the long-term kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child.

AB50-ASA2-AA8,114 Section 114. 48.57 (3n) (ap) 1. of the statutes is amended to read:

AB50-ASA2-AA8,72,12 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 or the county department may make payments under par. (am) to a long-term kinship care provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care 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 provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care 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 provider is otherwise determined to be ineligible for licensure.

AB50-ASA2-AA8,115 Section 115. 48.57 (3n) (ap) 3. of the statutes is amended to read:

AB50-ASA2-AA8,73,9 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care provider specified in subd. 1. is denied or the long-term kinship care 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 or the county department may make payments under par. (am) to the long-term kinship care 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 provider’s home and the ability of the long-term kinship care provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care provider’s home. If the court does not order the child to remain in the kinship care 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.

AB50-ASA2-AA8,116 Section 116. 48.57 (3n) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA8,73,16 48.57 (3n) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB50-ASA2-AA8,117 Section 117. 48.57 (3n) (c) of the statutes is amended to read:

AB50-ASA2-AA8,73,22 48.57 (3n) (c) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB50-ASA2-AA8,118 Section 118. 48.57 (3n) (cm) of the statutes is amended to read:

AB50-ASA2-AA8,74,3 48.57 (3n) (cm) A long-term kinship care 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) (1r) or (6) for that child.

AB50-ASA2-AA8,119 Section 119. 48.57 (3n) (d) of the statutes is amended to read:

AB50-ASA2-AA8,74,11 48.57 (3n) (d) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments.

AB50-ASA2-AA8,120 Section 120. 48.57 (3n) (g) 2. (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,74,22 48.57 (3n) (g) 2. (intro.) If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be 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 of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the long-term kinship care program in that county or the county department that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB50-ASA2-AA8,121 Section 121. 48.57 (3n) (h) of the statutes is amended to read:

AB50-ASA2-AA8,75,8 48.57 (3n) (h) A county department or, in a county having a population of 750,000 or more, the department or a county department may recover an overpayment made under par. (am) from a long-term kinship care provider who continues to receive payments under par. (am) by reducing the amount of the long- term kinship care 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.

AB50-ASA2-AA8,122 Section 122. 48.57 (3p) (a) of the statutes is renumbered 48.57 (3p) (a) (intro.) and amended to read:

AB50-ASA2-AA8,75,11 48.57 (3p) (a) (intro.) In this subsection, “adult:

AB50-ASA2-AA8,75,16 1. “Adult resident” means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n).

AB50-ASA2-AA8,123 Section 123. 48.57 (3p) (a) 2. of the statutes is created to read:

AB50-ASA2-AA8,75,19 48.57 (3p) (a) 2. “County department” means a county department under s. 46.215, 46.22, 46.23.

AB50-ASA2-AA8,124 Section 124. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA8,75,24 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB50-ASA2-AA8,125 Section 125. 48.57 (3p) (b) 2. of the statutes is amended to read:

AB50-ASA2-AA8,76,7 48.57 (3p) (b) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

AB50-ASA2-AA8,126 Section 126. 48.57 (3p) (b) 3. of the statutes is amended to read:

AB50-ASA2-AA8,76,13 48.57 (3p) (b) 3. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department or department considers to be appropriate.

AB50-ASA2-AA8,127 Section 127. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB50-ASA2-AA8,76,21 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB50-ASA2-AA8,128 Section 128. 48.57 (3p) (c) 2. of the statutes is amended to read:

AB50-ASA2-AA8,77,6 48.57 (3p) (c) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

AB50-ASA2-AA8,129 Section 129. 48.57 (3p) (c) 2m. of the statutes is amended to read:

AB50-ASA2-AA8,77,14 48.57 (3p) (c) 2m. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.

AB50-ASA2-AA8,130 Section 130. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB50-ASA2-AA8,77,23 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

AB50-ASA2-AA8,131 Section 131. 48.57 (3p) (d) of the statutes is amended to read: