Amendment AA8-ASA2-AB50

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:

AB50-ASA2-AA8,78,12 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 750,000 or more, the department or the county department determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB50-ASA2-AA8,132 Section 132. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,78,17 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 750,000 or more, the department or the county department with all of the following information:

AB50-ASA2-AA8,133 Section 133. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB50-ASA2-AA8,79,7 48.57 (3p) (fm) 1. The county department or, in a county having a population of 750,000 or more, the department or the county department may provisionally approve the making of payments under sub. (3m) based on the applicant’s statement under sub. (3m) (am) 4m. The county department or department may not finally approve the making of payments under sub. (3m) unless the county department or department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB50-ASA2-AA8,134 Section 134. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

AB50-ASA2-AA8,80,6 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 750,000 or more, the department or the county department may not enter into the agreement under sub. (3n) (am) 6. unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant’s ability to care for the child. 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 sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant’s ability to care for the child.

AB50-ASA2-AA8,135 Section 135. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB50-ASA2-AA8,81,14 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice indicating that the person’s conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m) or until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB50-ASA2-AA8,136 Section 136. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

AB50-ASA2-AA8,83,2 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice relating to the person’s conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.

AB50-ASA2-AA8,137 Section 137. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,83,10 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or, in a county having a population of 750,000 or more, the department or the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB50-ASA2-AA8,138 Section 138. 48.57 (3p) (h) 2. of the statutes is amended to read:

AB50-ASA2-AA8,83,19 48.57 (3p) (h) 2. The request for review shall be filed with the director of the county department or, in a county having a population of 750,000 or more, with the director of the county department or the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.

AB50-ASA2-AA8,139 Section 139. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,84,7 48.57 (3p) (h) 3. (intro.) The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:

AB50-ASA2-AA8,140 Section 140. 48.57 (3p) (h) 4. of the statutes is amended to read:

AB50-ASA2-AA8,84,21 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.

AB50-ASA2-AA8,141 Section 141. 48.57 (3p) (hm) of the statutes is amended to read:

AB50-ASA2-AA8,85,10 48.57 (3p) (hm) A county department or, in a county having a population of 750,000 or more, the department or the county department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person’s ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f).

AB50-ASA2-AA8,142 Section 142. 48.57 (3p) (i) of the statutes is amended to read:

AB50-ASA2-AA8,85,16 48.57 (3p) (i) A county department and, in a county having a population of 750,000 or more, the department or a county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

AB50-ASA2-AA8,143 Section 143. 48.57 (3p) (j) of the statutes is amended to read:

AB50-ASA2-AA8,85,21 48.57 (3p) (j) A county department or, in a county having a population of 750,000 or more, the department or a county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB50-ASA2-AA8,144 Section 144. 48.623 (1) of the statutes is renumbered 48.623 (1r), and 48.623 (1r) (c), as renumbered, is amended to read:

AB50-ASA2-AA8,86,6 48.623 (1r) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding specified in s. 48.977 (2) (a) in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided in s. 48.977 (3r) (a).

AB50-ASA2-AA8,145 Section 145. 48.623 (1g) of the statutes is created to read:

AB50-ASA2-AA8,86,9 48.623 (1g) In this section, “county department” means a county department under s. 46.215, 46.22, or 46.23.

AB50-ASA2-AA8,146 Section 146. 48.623 (1m) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,86,13 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship payments under sub. (1) (1r) or (6) may be continued after the child attains 18 years of age if any of the following applies:

AB50-ASA2-AA8,147 Section 147. 48.623 (2) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,87,7 48.623 (2) Subsidized guardianship agreement. (intro.) Before a county department, an Indian tribe, or the department may approve the provision of subsidized guardianship payments under sub. (1) (1r) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following:

AB50-ASA2-AA8,148 Section 148. 48.623 (2) (e) of the statutes is amended to read:

AB50-ASA2-AA8,87,12 48.623 (2) (e) That, in determining eligibility for adoption assistance under s. 48.975 and 42 USC 673 for the care of the child, the placement of the child in the home of the guardian and any payments made under sub. (1) (1r) shall be considered never to have been made.

AB50-ASA2-AA8,149 Section 149. 48.623 (3) (a) of the statutes is amended to read:

AB50-ASA2-AA8,88,11 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) (1r) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court, or a county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) (1r) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx) or the county department shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd).

AB50-ASA2-AA8,150 Section 150. 48.623 (3) (b) of the statutes is amended to read:

AB50-ASA2-AA8,88,21 48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) (1r) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) (1r) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

AB50-ASA2-AA8,151 Section 151. 48.623 (3) (c) 2. of the statutes is amended to read:

AB50-ASA2-AA8,89,13 48.623 (3) (c) 2. Annually, a county department, Indian tribe, or the department shall review an agreement that has been amended under subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department, Indian tribe, or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under sub. (1) (1r) based on criteria established by the department under sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department, Indian tribe, or department regarding the decrease under sub. (5).

AB50-ASA2-AA8,152 Section 152. 48.623 (3) (d) of the statutes is amended to read:

AB50-ASA2-AA8,89,22 48.623 (3) (d) The department, an Indian tribe, or a county department may recover an overpayment made under sub. (1) (1r) or (6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person’s monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department or Indian tribe that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB50-ASA2-AA8,153 Section 153. 48.623 (4) of the statutes is amended to read:

AB50-ASA2-AA8,90,7 48.623 (4) Annual review. A county department, an Indian tribe, or the department shall review a placement of a child for which the county department, Indian tribe, or department makes payments under sub. (1) (1r) not less than every 12 months after the county department, Indian tribe, or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department, Indian tribe, or department shall discontinue making those payments.

AB50-ASA2-AA8,154 Section 154. 48.623 (5) (a) of the statutes is amended to read:

AB50-ASA2-AA8,90,15 48.623 (5) (a) Any person whose application for payments under sub. (1) (1r) is not acted on promptly or is denied on the grounds that a condition specified in sub. (1) (1r) has not been met and any person whose payments under sub. (1) (1r) are decreased under sub. (3) (c) 2. or discontinued under sub. (4) may petition the department under par. (b) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB50-ASA2-AA8,155 Section 155. 48.623 (5) (b) 2. of the statutes is amended to read:

AB50-ASA2-AA8,91,2 48.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub. (1) (1r) are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department, Indian tribe, or subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) (1r) shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf.

AB50-ASA2-AA8,156 Section 156. 48.623 (5) (b) 3. of the statutes is amended to read:

AB50-ASA2-AA8,91,6 48.623 (5) (b) 3. The recipient shall be promptly informed in writing if his or her payments under sub. (1) (1r) are to be decreased or discontinued pending the hearing decision.

AB50-ASA2-AA8,157 Section 157. 48.623 (6) (am) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,91,12 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1) (1r), the county department, Indian tribe, or department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:

AB50-ASA2-AA8,158 Section 158. 48.623 (6) (bm) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,91,22 48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving payments under sub. (1) (1r), the county department, an Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m):

AB50-ASA2-AA8,159 Section 159. 48.623 (6) (bm) 6. of the statutes is amended to read:

AB50-ASA2-AA8,92,7 48.623 (6) (bm) 6. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding specified in s. 48.977 (2) (a) in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided in s. 48.977 (3r) (b).

AB50-ASA2-AA8,160 Section 160. 48.623 (7) (a) of the statutes is amended to read:

AB50-ASA2-AA8,92,12 48.623 (7) (a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub. (1) (1r) may request that an agreement made under sub. (2) be amended to increase the amount of those payments.

AB50-ASA2-AA8,161 Section 161. 48.623 (7) (c) of the statutes is amended to read:

AB50-ASA2-AA8,92,20 48.623 (7) (c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub. (3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub. (1) (1r).

AB50-ASA2-AA8,162 Section 162. 48.623 (7) (dm) of the statutes is amended to read:

AB50-ASA2-AA8,92,24 48.623 (7) (dm) Rules establishing the conditions that must be met in order for a person specified in sub. (1) (1r) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub. (1) (1r).

AB50-ASA2-AA8,163 Section 163. 48.623 (8) (b) of the statutes is amended to read:

AB50-ASA2-AA8,93,5 48.623 (8) (b) A county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments.

AB50-ASA2-AA8,164 Section 164. 48.977 (title) of the statutes is amended to read:

AB50-ASA2-AA8,93,9 48.977 (title) Appointment of guardians for certain children or juveniles in need of protection or services or juveniles adjudged delinquent.

AB50-ASA2-AA8,165 Section 165. 48.977 (2) (a) of the statutes is amended to read:

AB50-ASA2-AA8,93,22 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1), or that the child has been adjudged to be delinquent under s. 938.12 and has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 938.33 (1).