Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,195 Section 195. 48.57 (3m) (j) of the statutes is created to read:

AB50-ASA2-AA8,105,2 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

AB50-ASA2-AA8,196 Section 196. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

AB50-ASA2-AA8,105,16 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), and if all of the following conditions are met, beginning on January 1, 2026, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child per month in the amount of $375 beginning on January 1, 2024, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met $463 for a child under 5 years of age; $507 for a child 5 to 11 years of age; $557 for a child 12 to 14 years of age; and $601 for a child 15 years of age or over:

AB50-ASA2-AA8,197 Section 197. 48.57 (3n) (an) of the statutes is created to read:

AB50-ASA2-AA8,106,2 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care under par. (am), the department or the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a long-term kinship care provider who is providing care and maintenance for a child residing in the home of the long-term kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 2.

AB50-ASA2-AA8,198 Section 198. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) and amended to read:

AB50-ASA2-AA8,106,6 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this subsection. Those rules shall include rules all of the following:

AB50-ASA2-AA8,106,8 1. Rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

AB50-ASA2-AA8,199 Section 199. 48.57 (3n) (i) 2. of the statutes is created to read:

AB50-ASA2-AA8,106,13 48.57 (3n) (i) 2. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for children residing in a home of a long- term kinship care provider who is receiving a monthly rate under par. (am).

AB50-ASA2-AA8,200 Section 200. 48.62 (4) (a) of the statutes is amended to read:

AB50-ASA2-AA8,106,21 48.62 (4) (a) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2024, the rates for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a), are $375 and 2026, for care and maintenance provided by a foster home that is certified to provide care at a any level of care that is higher than level one care, the rates are all of the following:

AB50-ASA2-AA8,106,22 1. $441 $463 for a child under 5 years of age.

AB50-ASA2-AA8,106,23 2. $483 $507 for a child 5 to 11 years of age.

AB50-ASA2-AA8,106,24 3. $548 $575 for a child 12 to 14 years of age.

AB50-ASA2-AA8,107,1 4. $572 $601 for a child 15 years of age or over.

AB50-ASA2-AA8,201 Section 201. 48.62 (5) of the statutes is created to read:

AB50-ASA2-AA8,107,7 48.62 (5) (a) In addition to the grants for basic maintenance and supplemental payments for foster care under sub. (4), the department or, with the department’s approval, the county department or licensed child welfare agency may make emergency payments for foster care to foster homes that are receiving payments under sub. (4) if any of the following conditions are met:

AB50-ASA2-AA8,107,10 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the foster home.

AB50-ASA2-AA8,107,12 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the foster home.

AB50-ASA2-AA8,107,15 3. The department has determined that conditions in this state or in the locality of the foster home have resulted in a temporary increase in the costs borne by foster homes. Those conditions may include any of the following:

AB50-ASA2-AA8,107,16 a. A pandemic or other public health threat.

AB50-ASA2-AA8,107,17 b. A natural disaster.

AB50-ASA2-AA8,107,18 c. Unplanned school closures of 5 consecutive days or more.

AB50-ASA2-AA8,107,20 (b) The department shall determine the amount of emergency payments under par. (a) based on available funding.

AB50-ASA2-AA8,202 Section 202. 48.62 (8m) of the statutes is created to read:

AB50-ASA2-AA8,107,23 48.62 (8m) The department may promulgate rules governing the provision of emergency payments to foster homes under sub. (5).

AB50-ASA2-AA8,203 Section 203. DCF 56.23 (1) (c) of the administrative code is repealed.

AB50-ASA2-AA8,204 Section 204. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

AB50-ASA2-AA8,108,7 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or a minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

AB50-ASA2-AA8,108,12 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

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

AB50-ASA2-AA8,108,14 (1) Foster and kinship care rates.

AB50-ASA2-AA8,108,21 (a) In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2025-26 is increased by $6,933,800 to provide increased monthly payments for foster care and kinship care. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2026-27 is increased by $14,000,800 to provide increased monthly payments for foster care and kinship care.

AB50-ASA2-AA8,109,4 (b) In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (b), the dollar amount for fiscal year 2025-26 is increased by $1,331,200 to provide increased monthly payments for foster care and kinship care. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (b), the dollar amount for fiscal year 2026-27 is increased by $2,661,500 to provide increased monthly payments for foster care and kinship care.

AB50-ASA2-AA8,9406 Section 9406. Effective dates; Children and Families.

AB50-ASA2-AA8,109,8 (1) Foster care and kinship care rates. The treatment of ss. 48.57 (3m) (am) (intro.) and (3n) (am) (intro.) and 48.62 (4) (a) takes effect on January 1, 2026, or on the day after publication, whichever is later.”.

AB50-ASA2-AA8,109,9 30. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,109,16 “Section 205. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA8,206 Section 206. 20.437 (2) (d) of the statutes is created to read:

AB50-ASA2-AA8,109,19 20.437 (2) (d) Child care partnership grant program. The amounts in the schedule for the grants under s. 49.132.

AB50-ASA2-AA8,207 Section 207. 49.132 of the statutes is created to read:

AB50-ASA2-AA8,109,23 49.132 Child care partnership grant program. (1) In this section, “business” means a governmental entity, an organization or enterprise operated for profit, or a nonprofit corporation.

AB50-ASA2-AA8,110,5 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

AB50-ASA2-AA8,110,9 (3) A business awarded a grant under this section shall provide matching funds equal to 10 percent or more of the amount awarded if the business has 50 or fewer employees and 15 percent or more of the amount awarded if the business has more than 50 employees.

AB50-ASA2-AA8,110,11 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

AB50-ASA2-AA8,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB50-ASA2-AA8,110,21 (1) Child care partnership grant program; emergency rule making. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 49.132. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2027, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

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

AB50-ASA2-AA8,111,5 (1) Child care partnership grant program. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $162,400 to support the program under s. 49.132. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $351,500 to support the program under s. 49.132.”.

AB50-ASA2-AA8,111,6 31. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,111,7 “Section 208. 20.437 (2) (r) of the statutes is amended to read:

AB50-ASA2-AA8,111,22 20.437 (2) (r) Support receipt and disbursement program; payments. From the support collections trust fund, except as provided in par. (qm), all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.57 and 767.75 for child or family support, maintenance, spousal support, health care expenses, or birth expenses, all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.001 (1), and all moneys received under s. 49.855 (4) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service for delinquent child support, family support, or maintenance or outstanding court-ordered amounts for past support, medical expenses, or birth expenses, for disbursement to the persons for whom the payments are awarded, and, if assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB50-ASA2-AA8,209 Section 209. 46.10 (1) of the statutes is amended to read:

AB50-ASA2-AA8,112,4 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or ch. 767 or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats.

AB50-ASA2-AA8,210 Section 210. 46.10 (14) (e) 1. of the statutes is amended to read:

AB50-ASA2-AA8,112,15 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB50-ASA2-AA8,211 Section 211. 48.33 (4) (b) of the statutes is repealed.

AB50-ASA2-AA8,212 Section 212. 48.33 (4m) of the statutes is repealed.

AB50-ASA2-AA8,213 Section 213. 48.335 (3r) of the statutes is repealed.

AB50-ASA2-AA8,214 Section 214. 48.355 (2) (b) 4. of the statutes is repealed.

AB50-ASA2-AA8,215 Section 215. 48.357 (5m) of the statutes is repealed.

AB50-ASA2-AA8,216 Section 216. 48.36 (4) of the statutes is created to read:

AB50-ASA2-AA8,113,2 48.36 (4) (a) The county department or the department may, based on criteria established by the department by rule, 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 an out-of-home care placement has been ordered under s. 48.355 or 48.357.

AB50-ASA2-AA8,113,4 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

AB50-ASA2-AA8,217 Section 217. 48.363 (2) of the statutes is amended to read:

AB50-ASA2-AA8,113,10 48.363 (2) If the court revises a dispositional order entered prior to July 1, 2026, with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent’s minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

AB50-ASA2-AA8,218 Section 218. 48.645 (3) of the statutes is repealed.

AB50-ASA2-AA8,219 Section 219. 49.345 (1) of the statutes is amended to read:

AB50-ASA2-AA8,113,19 49.345 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50-ASA2-AA8,220 Section 220. 49.345 (14) (e) 1. of the statutes is amended to read:

AB50-ASA2-AA8,114,8 49.345 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB50-ASA2-AA8,221 Section 221. 301.12 (1) of the statutes is amended to read:

AB50-ASA2-AA8,114,14 301.12 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50-ASA2-AA8,222 Section 222. 301.12 (14) (e) 1. of the statutes is amended to read:

AB50-ASA2-AA8,115,2 301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB50-ASA2-AA8,223 Section 223. 767.001 (1) (m) of the statutes is amended to read:

AB50-ASA2-AA8,115,8 767.001 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50-ASA2-AA8,224 Section 224. 767.511 (1m) (hm) of the statutes is amended to read:

AB50-ASA2-AA8,115,16 767.511 (1m) (hm) The best interests of the child, including, with respect to a child placed with an out-of-home care provider under ch. 48 or 938, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child’s family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.

AB50-ASA2-AA8,225 Section 225. 767.521 (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,115,23 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

AB50-ASA2-AA8,226 Section 226. 767.55 (3) (a) 2. of the statutes is amended to read:

AB50-ASA2-AA8,116,2 767.55 (3) (a) 2. The child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

AB50-ASA2-AA8,227 Section 227. 767.57 (1m) (c) of the statutes is amended to read:

AB50-ASA2-AA8,116,7 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 48.645 (3) or 49.19 (4) (h) 1. b. of the party’s right to the support or maintenance money.

AB50-ASA2-AA8,228 Section 228. 767.57 (2) of the statutes is amended to read: