This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA8,1229Section 122. 48.57 (3p) (a) of the statutes is renumbered 48.57 (3p) (a)
10(intro.) and amended to read:
AB50-ASA2-AA8,75,111148.57 (3p) (a) (intro.) In this subsection, adult:
AB50-ASA2-AA8,75,16121. Adult resident means a person 18 years of age or over who lives at the
13home of a person who has applied for or is receiving payments under sub. (3m) or
14(3n) with the intent of making that home his or her home or who lives for more than
1530 days cumulative in any 6-month period at the home of a person who has applied
16for or is receiving payments under sub. (3m) or (3n).
AB50-ASA2-AA8,12317Section 123. 48.57 (3p) (a) 2. of the statutes is created to read:
AB50-ASA2-AA8,75,191848.57 (3p) (a) 2. County department means a county department under s.
1946.215, 46.22, 46.23.
AB50-ASA2-AA8,12420Section 124. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB50-ASA2-AA8,75,242148.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m)
22or (3n), the county department or, in a county having a population of 750,000 or
23more, the department or the county department, with the assistance of the
24department of justice, shall conduct a background investigation of the applicant.
AB50-ASA2-AA8,125
1Section 125. 48.57 (3p) (b) 2. of the statutes is amended to read:
AB50-ASA2-AA8,76,7248.57 (3p) (b) 2. The county department or, in a county having a population of
3750,000 or more, the department or the county department, with the assistance of
4the department of justice, may conduct a background investigation of any person
5who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d)
6or at any other time that the county department or department considers to be
7appropriate.
AB50-ASA2-AA8,1268Section 126. 48.57 (3p) (b) 3. of the statutes is amended to read:
AB50-ASA2-AA8,76,13948.57 (3p) (b) 3. The county department or, in a county having a population of
10750,000 or more, the department or the county department, with the assistance of
11the department of justice, may conduct a background investigation of any person
12who is receiving payments under sub. (3n) at any time that the county department
13or department considers to be appropriate.
AB50-ASA2-AA8,12714Section 127. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB50-ASA2-AA8,76,211548.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m)
16or (3n), the county department or, in a county having a population of 750,000 or
17more, the department or the county department, with the assistance of the
18department of justice, shall, in addition to the investigation under par. (b) 1.,
19conduct a background investigation of all employees and prospective employees of
20the applicant who have or would have regular contact with the child for whom those
21payments are being made and of each adult resident.
AB50-ASA2-AA8,12822Section 128. 48.57 (3p) (c) 2. of the statutes is amended to read:
AB50-ASA2-AA8,77,62348.57 (3p) (c) 2. The county department or, in a county having a population of
24750,000 or more, the department or the county department, with the assistance of

1the department of justice, may conduct a background investigation of any of the
2employees or prospective employees of any person who is receiving payments under
3sub. (3m) who have or would have regular contact with the child for whom those
4payments are being made and of each adult resident at the time of review under
5sub. (3m) (d) or at any other time that the county department or department
6considers to be appropriate.
AB50-ASA2-AA8,1297Section 129. 48.57 (3p) (c) 2m. of the statutes is amended to read:
AB50-ASA2-AA8,77,14848.57 (3p) (c) 2m. The county department or, in a county having a population
9of 750,000 or more, the department or the county department, with the assistance
10of the department of justice, may conduct a background investigation of any of the
11employees or prospective employees of any person who is receiving payments under
12sub. (3n) who have or would have regular contact with the child for whom payments
13are being made and of each adult resident at any time that the county department
14or department considers to be appropriate.
AB50-ASA2-AA8,13015Section 130. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB50-ASA2-AA8,77,231648.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
17(3n) may employ any person in a position in which that person would have regular
18contact with the child for whom those payments are being made or permit any
19person to be an adult resident, the county department or, in a county having a
20population of 750,000 or more, the department or the county department, with the
21assistance of the department of justice, shall conduct a background investigation of
22the prospective employee or prospective adult resident unless that person has
23already been investigated under subd. 1., 2. or 2m.
AB50-ASA2-AA8,13124Section 131. 48.57 (3p) (d) of the statutes is amended to read:
AB50-ASA2-AA8,78,12
148.57 (3p) (d) If the person being investigated under par. (b) or (c) is a
2nonresident, or at any time within the 5 years preceding the date of the application
3has been a nonresident, or if the county department or, in a county having a
4population of 750,000 or more, the department or the county department
5determines that the persons employment, licensing or state court records provide a
6reasonable basis for further investigation, the county department or department
7shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a
8complete set of the persons fingerprints, or by other technologies approved by law
9enforcement agencies. The department of justice may provide for the submission of
10the fingerprint cards or fingerprints by other technologies to the federal bureau of
11investigation for the purposes of verifying the identity of the person fingerprinted
12and obtaining records of his or her criminal arrest and conviction.
AB50-ASA2-AA8,13213Section 132. 48.57 (3p) (e) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,78,171448.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b)
15or (c) shall provide the county department or, in a county having a population of
16750,000 or more, the department or the county department with all of the following
17information:
AB50-ASA2-AA8,13318Section 133. 48.57 (3p) (fm) 1. of the statutes is amended to read:
AB50-ASA2-AA8,79,71948.57 (3p) (fm) 1. The county department or, in a county having a population
20of 750,000 or more, the department or the county department may provisionally
21approve the making of payments under sub. (3m) based on the applicants
22statement under sub. (3m) (am) 4m. The county department or department may
23not finally approve the making of payments under sub. (3m) unless the county
24department or department receives information from the department of justice

1indicating that the conviction record of the applicant under the law of this state is
2satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is
3approved under par. (h) 4. The county department or department may make
4payments under sub. (3m) conditioned on the receipt of information from the federal
5bureau of investigation indicating that the persons conviction record under the law
6of any other state or under federal law is satisfactory according to the criteria
7specified in par. (g) 1. to 3.
AB50-ASA2-AA8,1348Section 134. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
AB50-ASA2-AA8,80,6948.57 (3p) (fm) 1m. The county department or, in a county having a
10population of 750,000 or more, the department or the county department may not
11enter into the agreement under sub. (3n) (am) 6. unless the county department or
12department receives information from the department of justice relating to the
13conviction record of the applicant under the law of this state and that record
14indicates either that the applicant has not been arrested or convicted or that the
15applicant has been arrested or convicted but the director of the county department
16or, in a county having a population of 750,000 or more, the director of the county
17department or the person designated by the secretary to review conviction records
18under this subdivision determines that the conviction record is satisfactory because
19it does not include any arrest or conviction that the director or person designated by
20the secretary determines is likely to adversely affect the child or the applicants
21ability to care for the child. The county department or, in a county having a
22population of 750,000 or more, the department or the county department may make
23payments under sub. (3n) conditioned on the receipt of information from the federal
24bureau of investigation indicating that the persons conviction record under the law

1of any other state or under federal law is satisfactory because the conviction record
2does not include any arrest or conviction that the director of the county department
3or, in a county having a population of 750,000 or more, the director of the county
4department or the person designated by the secretary to review conviction records
5under this subdivision determines is likely to adversely affect the child or the
6applicants ability to care for the child.
AB50-ASA2-AA8,1357Section 135. 48.57 (3p) (fm) 2. of the statutes is amended to read:
AB50-ASA2-AA8,81,14848.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may
9provisionally employ a person in a position in which that person would have regular
10contact with the child for whom those payments are being made or provisionally
11permit a person to be an adult resident if the person receiving those payments
12states to the county department or, in a county having a population of 750,000 or
13more, the department or the county department that the employee or adult resident
14does not have any arrests or convictions that could adversely affect the child or the
15ability of the person receiving payments to care for the child. A person receiving
16payments under sub. (3m) may not finally employ a person in a position in which
17that person would have regular contact with the child for whom those payments are
18being made or finally permit a person to be an adult resident until the county
19department or, in a county having a population of 750,000 or more, the department
20or the county department receives information from the department of justice
21indicating that the persons conviction record under the law of this state is
22satisfactory according to the criteria specified in par. (g) 1. to 3. and the county
23department or, in a county having a population of 750,000 or more, the department
24or the county department so advises the person receiving payments under sub. (3m)

1or until a decision is made under par. (h) 4. to permit a person who is receiving
2payments under sub. (3m) to employ a person in a position in which that person
3would have regular contact with the child for whom payments are being made or to
4permit a person to be an adult resident and the county department or, in a county
5having a population of 750,000 or more, the department or the county department
6so advises the person receiving payments under sub. (3m). A person receiving
7payments under sub. (3m) may finally employ a person in a position in which that
8person would have regular contact with the child for whom those payments are
9being made or finally permit a person to be an adult resident conditioned on the
10receipt of information from the county department or, in a county having a
11population of 750,000 or more, the department or the county department that the
12federal bureau of investigation indicates that the persons conviction record under
13the law of any other state or under federal law is satisfactory according to the
14criteria specified in par. (g) 1. to 3.
AB50-ASA2-AA8,13615Section 136. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
AB50-ASA2-AA8,83,21648.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may
17provisionally employ a person in a position in which that person would have regular
18contact with the child for whom those payments are being made or provisionally
19permit a person to be an adult resident if the person receiving those payments
20states to the county department or, in a county having a population of 750,000 or
21more, the department or the county department that, to the best of his or her
22knowledge, the employee or adult resident does not have any arrests or convictions
23that could adversely affect the child or the ability of the person receiving payments
24to care for the child. A person receiving payment under sub. (3n) may not finally

1employ a person in a position in which that person would have regular contact with
2the child for whom those payments are being made or finally permit a person to be
3an adult resident until the county department or, in a county having a population of
4750,000 or more, the department or the county department receives information
5from the department of justice relating to the persons conviction record under the
6law of this state and that record indicates either that the person has not been
7arrested or convicted or that the person has been arrested or convicted but the
8director of the county department or, in a county having a population of 750,000 or
9more, the director of the county department or the person designated by the
10secretary to review conviction records under this subdivision determines that the
11conviction record is satisfactory because it does not include any arrest or conviction
12that is likely to adversely affect the child or the ability of the person receiving
13payments to care for the child and the county department or department so advises
14the person receiving payments under sub. (3n). A person receiving payments under
15sub. (3n) may finally employ a person in a position in which that person would have
16regular contact with the child for whom those payments are being made or finally
17permit a person to be an adult resident conditioned on the receipt of information
18from the county department or, in a county having a population of 750,000 or more,
19the department or the county department that the federal bureau of investigation
20indicates that the persons conviction record under the law of any other state or
21under federal law is satisfactory because the conviction record does not include any
22arrest or conviction that the director of the county department or, in a county
23having a population of 750,000 or more, the director of the county department or
24the person designated by the secretary to review conviction records under this

1subdivision determines is likely to adversely affect the child or the ability of the
2person receiving payments to care for the child.
AB50-ASA2-AA8,1373Section 137. 48.57 (3p) (g) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,83,10448.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or,
5in a county having a population of 750,000 or more, the department or the county
6department may not make payments to a person applying for payments under sub.
7(3m) and a person receiving payments under sub. (3m) may not employ a person in
8a position in which that person would have regular contact with the child for whom
9those payments are being made or permit a person to be an adult resident if any of
10the following applies:
AB50-ASA2-AA8,13811Section 138. 48.57 (3p) (h) 2. of the statutes is amended to read:
AB50-ASA2-AA8,83,191248.57 (3p) (h) 2. The request for review shall be filed with the director of the
13county department or, in a county having a population of 750,000 or more, with the
14director of the county department or the person designated by the secretary to
15receive requests for review filed under this subdivision. If the governing body of an
16Indian tribe has entered into an agreement under sub. (3t) to administer the
17program under this subsection and sub. (3m), the request for review shall be filed
18with the person designated by that governing body to receive requests for review
19filed under this subdivision.
AB50-ASA2-AA8,13920Section 139. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,84,72148.57 (3p) (h) 3. (intro.) The director of the county department, the person
22designated by the governing body of an Indian tribe or, in a county having a
23population of 750,000 or more, the director of the county department or the person
24designated by the secretary shall review the denial of payments or the prohibition

1on employment or being an adult resident to determine if the conviction record on
2which the denial or prohibition is based includes any arrests, convictions, or
3penalties that are likely to adversely affect the child or the ability of the kinship
4care provider to care for the child. In reviewing the denial or prohibition, the
5director of the county department, the person designated by the governing body of
6the Indian tribe or the person designated by the secretary shall consider all of the
7following factors:
AB50-ASA2-AA8,1408Section 140. 48.57 (3p) (h) 4. of the statutes is amended to read:
AB50-ASA2-AA8,84,21948.57 (3p) (h) 4. If the director of the county department, the person
10designated by the governing body of the Indian tribe or, in a county having a
11population of 750,000 or more, the director of the county department or the person
12designated by the secretary determines that the conviction record on which the
13denial of payments or the prohibition on employment or being an adult resident is
14based does not include any arrests, convictions, or penalties that are likely to
15adversely affect the child or the ability of the kinship care provider to care for the
16child, the director of the county department, the person designated by the
17governing body of the Indian tribe, or the person designated by the secretary may
18approve the making of payments under sub. (3m) or may permit a person receiving
19payments under sub. (3m) to employ a person in a position in which that person
20would have regular contact with the child for whom payments are being made or
21permit a person to be an adult resident.
AB50-ASA2-AA8,14122Section 141. 48.57 (3p) (hm) of the statutes is amended to read:
AB50-ASA2-AA8,85,102348.57 (3p) (hm) A county department or, in a county having a population of
24750,000 or more, the department or the county department may not make

1payments to a person under sub. (3n) and a person receiving payments under sub.
2(3n) may not employ a person in a position in which that person would have regular
3contact with the child for whom payments are being made or permit a person to be
4an adult resident if the director of the county department or, in a county having a
5population of 750,000 or more, the director of the county department or the person
6designated by the secretary to review conviction records under this paragraph
7determines that the person has any arrest or conviction that is likely to adversely
8affect the child or the persons ability to care for the child. A person who is
9aggrieved by a decision under this paragraph may obtain a hearing on that decision
10under sub. (3n) (g) as provided in sub. (3n) (f).
AB50-ASA2-AA8,14211Section 142. 48.57 (3p) (i) of the statutes is amended to read:
AB50-ASA2-AA8,85,161248.57 (3p) (i) A county department and, in a county having a population of
13750,000 or more, the department or a county department shall keep confidential all
14information received under this subsection from the department of justice or the
15federal bureau of investigation. Such information is not subject to inspection or
16copying under s. 19.35.
AB50-ASA2-AA8,14317Section 143. 48.57 (3p) (j) of the statutes is amended to read:
AB50-ASA2-AA8,85,211848.57 (3p) (j) A county department or, in a county having a population of
19750,000 or more, the department or a county department may charge a fee for
20conducting a background investigation under this subsection. The fee may not
21exceed the reasonable cost of conducting the investigation.
AB50-ASA2-AA8,14422Section 144. 48.623 (1) of the statutes is renumbered 48.623 (1r), and 48.623
23(1r) (c), as renumbered, is amended to read:
AB50-ASA2-AA8,86,62448.623 (1r) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.34,

1938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially
2similar tribal law placing the child, or continuing the placement of the child,
3outside of the childs home has been terminated, or any proceeding specified in s.
448.977 (2) (a) in which the child has been adjudged to be in need of protection or
5services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided
6in s. 48.977 (3r) (a).
AB50-ASA2-AA8,1457Section 145. 48.623 (1g) of the statutes is created to read:
AB50-ASA2-AA8,86,9848.623 (1g) In this section, county department means a county department
9under s. 46.215, 46.22, or 46.23.
AB50-ASA2-AA8,14610Section 146. 48.623 (1m) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,86,131148.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship
12payments under sub. (1) (1r) or (6) may be continued after the child attains 18 years
13of age if any of the following applies:
AB50-ASA2-AA8,14714Section 147. 48.623 (2) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,87,71548.623 (2) Subsidized guardianship agreement. (intro.) Before a county
16department, an Indian tribe, or the department may approve the provision of
17subsidized guardianship payments under sub. (1) (1r) to a proposed guardian, the
18county department, Indian tribe, or department shall negotiate and enter into a
19written, binding subsidized guardianship agreement with the proposed guardian
20and provide the proposed guardian with a copy of the agreement. A subsidized
21guardianship agreement or an amended subsidized guardianship agreement may
22also name a prospective successor guardian of the child to assume the duty and
23authority of guardianship on the death or incapacity of the guardian. A successor
24guardian is eligible for monthly subsidized guardianship payments under this

1section only if the successor guardian is named as a prospective successor guardian
2of the child in a subsidized guardianship agreement or amended subsidized
3guardianship agreement that was entered into before the death or incapacity of the
4guardian, the conditions specified in sub. (6) (bm) are met, and the court appoints
5the successor guardian to assume the duty and authority of guardianship as
6provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all
7of the following:
AB50-ASA2-AA8,1488Section 148. 48.623 (2) (e) of the statutes is amended to read:
AB50-ASA2-AA8,87,12948.623 (2) (e) That, in determining eligibility for adoption assistance under s.
1048.975 and 42 USC 673 for the care of the child, the placement of the child in the
11home of the guardian and any payments made under sub. (1) (1r) shall be
12considered never to have been made.
AB50-ASA2-AA8,14913Section 149. 48.623 (3) (a) of the statutes is amended to read:
AB50-ASA2-AA8,88,111448.623 (3) (a) Except as provided in this paragraph, the county department
15shall provide the monthly payments under sub. (1) (1r) or (6). An Indian tribe that
16has entered into an agreement with the department under sub. (8) shall provide the
17monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by
18the tribal court, or a county department may provide the monthly payments under
19sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the
20county department has entered into an agreement with the governing body of an
21Indian tribe to provide those payments. The county department or Indian tribe
22shall provide those payments from moneys received under s. 48.48 (8r). The
23department shall reimburse county departments and Indian tribes for the cost of
24subsidized guardianship payments, including payments made by county

1departments for guardianships of children ordered by tribal courts, from the
2appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a
3population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or
448.485 (1), the department shall provide the monthly payments under sub. (1) (1r)
5or (6). The department shall provide those payments from the appropriations
6under s. 20.437 (1) (cx) and (mx) or the county department shall provide those
7payments from moneys received under s. 48.48 (8r). The department shall
8reimburse county departments and Indian tribes for the cost of subsidized
9guardianship payments, including payments made by county departments for
10guardianships of children ordered by tribal courts, from the appropriations under s.
1120.437 (1) (dd), (kL), and (pd).
AB50-ASA2-AA8,15012Section 150. 48.623 (3) (b) of the statutes is amended to read:
AB50-ASA2-AA8,88,211348.623 (3) (b) The county department or, as provided in par. (a), an Indian
14tribe or the department shall determine the initial amount of a monthly payment
15under sub. (1) (1r) or (6) for the care of a child based on the circumstances of the
16guardian and the needs of the child. That amount may not exceed the amount
17received under s. 48.62 (4) or a substantially similar tribal law by the guardian of
18the child for the month immediately preceding the month in which the
19guardianship order was granted. A guardian or an interim caretaker who receives
20a monthly payment under sub. (1) (1r) or (6) for the care of a child is not eligible to
21receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.
AB50-ASA2-AA8,15122Section 151. 48.623 (3) (c) 2. of the statutes is amended to read:
AB50-ASA2-AA8,89,132348.623 (3) (c) 2. Annually, a county department, Indian tribe, or the
24department shall review an agreement that has been amended under subd. 1. to

1determine whether the substantial change in circumstances that was the basis for
2amending the agreement continues to exist. If that substantial change in
3circumstances continues to exist, the agreement, as amended, shall remain in
4effect. If that substantial change in circumstances no longer exists, the county
5department, Indian tribe, or department shall offer to decrease the amount of the
6monthly subsidized guardianship payments provided under sub. (1) (1r) based on
7criteria established by the department under sub. (7) (c). If the decreased amount
8of those payments is agreed to by the person receiving those payments, the county
9department, Indian tribe, or department shall amend the agreement in writing to
10specify the decreased amount of those payments. If the decreased amount of those
11payments is not agreed to by the person receiving those payments, that person may
12appeal the decision of the county department, Indian tribe, or department
13regarding the decrease under sub. (5).
AB50-ASA2-AA8,15214Section 152. 48.623 (3) (d) of the statutes is amended to read:
AB50-ASA2-AA8,89,221548.623 (3) (d) The department, an Indian tribe, or a county department may
16recover an overpayment made under sub. (1) (1r) or (6) from a guardian or interim
17caretaker who continues to receive those payments by reducing the amount of the
18persons monthly payment. The department may by rule specify other methods for
19recovering those overpayments. A county department or Indian tribe that recovers
20an overpayment under this paragraph due to the efforts of its officers and
21employees may retain a portion of the amount recovered, as provided by the
22department by rule.
AB50-ASA2-AA8,15323Section 153. 48.623 (4) of the statutes is amended to read:
AB50-ASA2-AA8,90,72448.623 (4) Annual review. A county department, an Indian tribe, or the

1department shall review a placement of a child for which the county department,
2Indian tribe, or department makes payments under sub. (1) (1r) not less than every
312 months after the county department, Indian tribe, or department begins making
4those payments to determine whether the child and the guardian remain eligible
5for those payments. If the child or the guardian is no longer eligible for those
6payments, the county department, Indian tribe, or department shall discontinue
7making those payments.
AB50-ASA2-AA8,1548Section 154. 48.623 (5) (a) of the statutes is amended to read:
AB50-ASA2-AA8,90,15948.623 (5) (a) Any person whose application for payments under sub. (1) (1r) is
10not acted on promptly or is denied on the grounds that a condition specified in sub.
11(1) (1r) has not been met and any person whose payments under sub. (1) (1r) are
12decreased under sub. (3) (c) 2. or discontinued under sub. (4) may petition the
13department under par. (b) for a review of that action or failure to act. Review is
14unavailable if the action or failure to act arose more than 45 days before submission
15of the petition for review.
AB50-ASA2-AA8,15516Section 155. 48.623 (5) (b) 2. of the statutes is amended to read:
AB50-ASA2-AA8,91,21748.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date
18of notice that his or her payments under sub. (1) (1r) are being decreased or
19discontinued, those payments may not be decreased or discontinued until a decision
20is rendered after the hearing but payments made pending the hearing decision may
21be recovered by the department if the contested action or failure to act is upheld.
22The department shall promptly notify the county department, Indian tribe, or
23subunit of the department whose action is the subject of the hearing that the
24recipient has requested a hearing. Payments under sub. (1) (1r) shall be decreased

1or discontinued if the recipient is contesting a state law or a change in state law and
2not the determination of the payment made on the recipients behalf.
AB50-ASA2-AA8,1563Section 156. 48.623 (5) (b) 3. of the statutes is amended to read:
AB50-ASA2-AA8,91,6448.623 (5) (b) 3. The recipient shall be promptly informed in writing if his or
5her payments under sub. (1) (1r) are to be decreased or discontinued pending the
6hearing decision.
AB50-ASA2-AA8,1577Section 157. 48.623 (6) (am) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,91,12848.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a
9guardian receiving payments under sub. (1) (1r), the county department, Indian
10tribe, or department providing those payments shall provide monthly subsidized
11guardianship payments in the amount specified in sub. (3) (b) for a period of up to
1212 months to an interim caretaker if all of the following conditions are met:
AB50-ASA2-AA8,15813Section 158. 48.623 (6) (bm) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,91,221448.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving
15payments under sub. (1) (1r), the county department, an Indian tribe, or the
16department providing those payments shall provide monthly subsidized
17guardianship payments in the amount specified in sub. (3) (b) to a person named as
18a prospective successor guardian of the child in a subsidized guardianship
19agreement or amended subsidized guardianship agreement that was entered into
20before the death or incapacity of the guardian if all of the following conditions are
21met and the court appoints the person as successor guardian to assume the duty
22and authority of guardianship as provided in s. 48.977 (5m):
AB50-ASA2-AA8,15923Section 159. 48.623 (6) (bm) 6. of the statutes is amended to read:
AB50-ASA2-AA8,92,7
148.623 (6) (bm) 6. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.34,
2938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially
3similar tribal law placing the child, or continuing the placement of the child,
4outside of the childs home has been terminated, or any proceeding specified in s.
548.977 (2) (a) in which the child has been adjudged to be in need of protection or
6services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided
7in s. 48.977 (3r) (b).
AB50-ASA2-AA8,1608Section 160. 48.623 (7) (a) of the statutes is amended to read:
AB50-ASA2-AA8,92,12948.623 (7) (a) A rule defining the substantial change in circumstances under
10which a person receiving monthly subsidized guardianship payments under sub. (1)
11(1r) may request that an agreement made under sub. (2) be amended to increase the
12amount of those payments.
AB50-ASA2-AA8,16113Section 161. 48.623 (7) (c) of the statutes is amended to read:
AB50-ASA2-AA8,92,201448.623 (7) (c) Rules establishing the criteria for determining the amount of
15the decrease in monthly subsidized guardianship payments that the department
16shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer
17exists. The criteria shall provide that the amount of the decrease offered by the
18department under sub. (3) (c) 2. may not result in a monthly subsidized
19guardianship payment that is less than the initial monthly subsidized
20guardianship payment provided for the child under sub. (1) (1r).
AB50-ASA2-AA8,16221Section 162. 48.623 (7) (dm) of the statutes is amended to read:
AB50-ASA2-AA8,92,242248.623 (7) (dm) Rules establishing the conditions that must be met in order
23for a person specified in sub. (1) (1r) (b) 1. c. to be eligible for monthly subsidized
24guardianship payments under sub. (1) (1r).
AB50-ASA2-AA8,163
1Section 163. 48.623 (8) (b) of the statutes is amended to read:
AB50-ASA2-AA8,93,5248.623 (8) (b) A county department may provide the monthly payments under
3sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the
4county department has entered into an agreement with the governing body of an
5Indian tribe to provide those payments.
AB50-ASA2-AA8,1646Section 164. 48.977 (title) of the statutes is amended to read:
AB50-ASA2-AA8,93,9748.977 (title) Appointment of guardians for certain children or
8juveniles in need of protection or services or juveniles adjudged
9delinquent.
AB50-ASA2-AA8,16510Section 165. 48.977 (2) (a) of the statutes is amended to read:
AB50-ASA2-AA8,93,221148.977 (2) (a) That the child has been adjudged to be in need of protection or
12services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or
13(11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or
14her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363,
1548.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged
16and placement of the child in the home of a guardian under this section has been
17recommended under s. 48.33 (1) or 938.33 (1), or that the child has been adjudged to
18be delinquent under s. 938.12 and has been placed, or continued in a placement,
19outside his or her home pursuant to one or more court orders under s. 938.34,
20938.357, 938.363, or 938.365 or that the child has been so adjudged and placement
21of the child in the home of a guardian under this section has been recommended
22under s. 938.33 (1).
Loading...
Loading...