AB50-ASA2-AA8,65,181520.437 (1) (mx) Federal aid; Milwaukee child welfare services aids. All federal 16moneys received for providing services to children and families under s. 48.48 (17), 17to carry out the purposes for which received and for the cost of subsidized 18guardianship payments under s. 48.623 (1) (1r) or (6). AB50-ASA2-AA8,65,222048.38 (2) (f) The child’s care would be paid for under s. 49.19 but for s. 49.19 21(20), except that this paragraph does not apply to a child whose care is being paid 22for under s. 48.623 (1) (1r). AB50-ASA2-AA8,9523Section 95. 48.38 (4) (j) (intro.) of the statutes is amended to read: AB50-ASA2-AA8,66,22448.38 (4) (j) (intro.) If the child is placed in the home of a relative or other
1person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized 2guardianship payments, a description of all of the following: AB50-ASA2-AA8,963Section 96. 48.38 (4) (j) 3. of the statutes is amended to read: AB50-ASA2-AA8,66,8448.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing 5relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized 6guardianship arrangement is in the best interests of the child. In the case of an 7Indian child, the best interests of the Indian child shall be determined in 8accordance with s. 48.01 (2). AB50-ASA2-AA8,979Section 97. 48.38 (4) (j) 4. of the statutes is amended to read: AB50-ASA2-AA8,66,121048.38 (4) (j) 4. The ways in which the child and the relative or other person 11described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 1248.623 (1) (1r) for the receipt of subsidized guardianship payments. AB50-ASA2-AA8,9813Section 98. 48.38 (4) (j) 5. of the statutes is amended to read: AB50-ASA2-AA8,66,181448.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the child 15by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more 16permanent alternative to guardianship and, if that relative or other person has 17chosen not to pursue adoption, documentation of the reasons for not pursuing 18adoption. AB50-ASA2-AA8,66,232048.48 (8r) To reimburse county departments, the county department under s. 2146.215, and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), 22and (pd), for subsidized guardianship payments made under s. 48.623 (1) (1r) or (6), 23including guardianships of children ordered by tribal courts. AB50-ASA2-AA8,10024Section 100. 48.57 (3m) (a) 1m. of the statutes is created to read: AB50-ASA2-AA8,67,2
148.57 (3m) (a) 1m. “County department” means a county department under 2s. 46.215, 46.22, or 46.23. AB50-ASA2-AA8,1013Section 101. 48.57 (3m) (am) 2. of the statutes is renumbered 48.57 (3m) 4(am) 2. (intro.) and amended to read: AB50-ASA2-AA8,67,6548.57 (3m) (am) 2. (intro.) The county department or department determines 6that the child meets one or more of the following conditions: AB50-ASA2-AA8,67,87a. The child meets one or more of the criteria specified in s. 48.13, 938.12, or 8938.13, that the. AB50-ASA2-AA8,67,109b. The child would be at risk of meeting one or more of those the criteria 10specified in s. 48.13 or 938.13 if the child were to remain in his or her home or, if. AB50-ASA2-AA8,67,1311c. If the child is 18 years of age or over, that the child would meet or be at risk 12of meeting one or more of those the criteria as specified in this subdivision in s. 1348.13 or 938.13 if the child were under 18 years of age. AB50-ASA2-AA8,10214Section 102. 48.57 (3m) (am) 4m. of the statutes is amended to read: AB50-ASA2-AA8,67,211548.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care 16provider states that he or she does not have any arrests or convictions that could 17adversely affect the child or the kinship care provider’s ability to care for the child 18and that no adult resident, as defined in sub. (3p) (a) 1., and no employee or 19prospective employee of the kinship care provider who would have regular contact 20with the child has any arrests or convictions that could adversely affect the child or 21the kinship care provider’s ability to care for the child. AB50-ASA2-AA8,10322Section 103. 48.57 (3m) (ap) 1. of the statutes is amended to read: AB50-ASA2-AA8,68,92348.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a 24county having a population of 750,000 or more, the department or the county
1department may make payments under par. (am) to a kinship care provider who is 2providing care and maintenance for a child who is placed in the home of the kinship 3care provider under a court order for no more than 60 days after the date on which 4the county department or department received under par. (am) 1. the completed 5application of the kinship care provider for a license to operate a foster home or, if 6the application is approved or denied or the kinship care provider is otherwise 7determined to be ineligible for licensure within those 60 days, until the date on 8which the application is approved or denied or the kinship care provider is 9otherwise determined to be ineligible for licensure. AB50-ASA2-AA8,10410Section 104. 48.57 (3m) (ap) 3. of the statutes is amended to read: AB50-ASA2-AA8,69,21148.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care 12provider specified in subd. 1. is denied or the kinship care provider is otherwise 13determined to be ineligible for licensure, the county department or, in a county 14having a population of 750,000 or more, the department or the county department 15may make payments under par. (am) to the kinship care provider for as long as the 16conditions specified in par. (am) 1. to 6. continue to apply if the county department 17or department submits to the court information relating to the background 18investigation specified in par. (am) 4., an assessment of the safety of the kinship 19care provider’s home and the ability of the kinship care provider to care for the 20child, and a recommendation that the child remain in the home of the kinship care 21provider and the court, after considering that information, assessment, and 22recommendation, orders the child to remain in the kinship care provider’s home. If 23the court does not order the child to remain in the kinship care provider’s home, the 24court shall order the county department or department to request a change in
1placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 248.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement. AB50-ASA2-AA8,69,9448.57 (3m) (b) 1. The county department or, in a county having a population 5of 750,000 or more, the department or a county department if the county 6department is making the payments shall refer to the attorney responsible for 7support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a 8child for whom a payment is made under par. (am). This subdivision does not apply 9to a child 18 years of age or over for whom a payment is made under par. (am). AB50-ASA2-AA8,69,151148.57 (3m) (c) The county department or, in a county having a population of 12750,000 or more, the department or a county department if the county department 13is making the payments shall require the parent or parents of a child for whom a 14payment is made under par. (am) to initiate or continue health care insurance 15coverage for the child. AB50-ASA2-AA8,69,191748.57 (3m) (cm) A kinship care provider who receives a payment under par. 18(am) for providing care and maintenance for a child is not eligible to receive a 19payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that child. AB50-ASA2-AA8,70,42148.57 (3m) (d) A county department or, in a county having a population of 22750,000 or more, the department or a county department if the county department 23is making the payments shall review a placement of a child for which the county 24department or department makes payments under par. (am) not less than every 12
1months after the county department or department begins making those payments 2to determine whether the conditions specified in par. (am) continue to exist. If 3those conditions do not continue to exist, the county department or department 4shall discontinue making those payments. AB50-ASA2-AA8,1095Section 109. 48.57 (3m) (g) 2. (intro.) of the statutes is amended to read: AB50-ASA2-AA8,70,15648.57 (3m) (g) 2. (intro.) If a recipient requests a hearing within 10 days after 7the date of notice that his or her payments under par. (am) are being discontinued, 8those payments may not be discontinued until a decision is rendered after the 9hearing but payments made pending the hearing decision may be recovered by the 10department if the contested action or failure to act is upheld. The department shall 11promptly notify the county department of the county in which the recipient resides 12or, if the recipient resides in a county having a population of 750,000 or more, the 13subunit of the department administering of the kinship care program in that 14county or the county department that the recipient has requested a hearing. 15Payments under par. (am) shall be discontinued if any of the following applies: AB50-ASA2-AA8,71,21748.57 (3m) (h) A county department or, in a county having a population of 18750,000 or more, the department or a county department may recover an 19overpayment made under par. (am) from a kinship care provider who continues to 20receive payments under par. (am) by reducing the amount of the kinship care 21provider’s monthly payment. The department may by rule specify other methods 22for recovering overpayments made under par. (am). A county department that 23recovers an overpayment under this paragraph due to the efforts of its officers and
1employees may retain a portion of the amount recovered, as provided by the 2department by rule. AB50-ASA2-AA8,1113Section 111. 48.57 (3n) (a) 1m. of the statutes is created to read: AB50-ASA2-AA8,71,5448.57 (3n) (a) 1m. “County department” means a county department under s. 546.215, 46.22, or 46.23. AB50-ASA2-AA8,1126Section 112. 48.57 (3n) (am) 4. of the statutes is amended to read: AB50-ASA2-AA8,71,15748.57 (3n) (am) 4. The county department or department conducts a 8background investigation under sub. (3p) of the long-term kinship care provider, the 9employees and prospective employees of the long-term kinship care provider who 10have or would have regular contact with the child for whom the payments would be 11made and any other adult resident, as defined in sub. (3p) (a) 1., of the long-term 12kinship care provider’s home to determine if the long-term kinship care provider, 13employee, prospective employee or adult resident has any arrests or convictions that 14are likely to adversely affect the child or the long-term kinship care provider’s 15ability to care for the child. AB50-ASA2-AA8,11316Section 113. 48.57 (3n) (am) 4m. of the statutes is amended to read: AB50-ASA2-AA8,71,241748.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term 18kinship care provider states that he or she does not have any arrests or convictions 19that could adversely affect the child or the long-term kinship care provider’s ability 20to care for the child and that, to the best of the long-term kinship care provider’s 21knowledge, no adult resident, as defined in sub. (3p) (a) 1., and no employee or 22prospective employee of the long-term kinship care provider who would have 23regular contact with the child has any arrests or convictions that could adversely 24affect the child or the long-term kinship care provider’s ability to care for the child. AB50-ASA2-AA8,114
1Section 114. 48.57 (3n) (ap) 1. of the statutes is amended to read: AB50-ASA2-AA8,72,12248.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a 3county having a population of 750,000 or more, the department or the county 4department may make payments under par. (am) to a long-term kinship care 5provider who is providing care and maintenance for a child who is placed in the 6home of the long-term kinship care provider for no more than 60 days after the date 7on which the county department or department received under par. (am) 1. the 8completed application of the long-term kinship care provider for a license to operate 9a foster home or, if the application is approved or denied or the long-term kinship 10care provider is otherwise determined to be ineligible for licensure within those 60 11days, until the date on which the application is approved or denied or the long-term 12kinship care provider is otherwise determined to be ineligible for licensure. AB50-ASA2-AA8,11513Section 115. 48.57 (3n) (ap) 3. of the statutes is amended to read: AB50-ASA2-AA8,73,91448.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship 15care provider specified in subd. 1. is denied or the long-term kinship care provider 16is otherwise determined to be ineligible for licensure, the county department or, in 17a county having a population of 750,000 or more, the department or the county 18department may make payments under par. (am) to the long-term kinship care 19provider until an event specified in par. (am) 6. a. to f. occurs if the county 20department or department submits to the court information relating to the 21background investigation specified in par. (am) 4., an assessment of the safety of the 22long-term kinship care provider’s home and the ability of the long-term kinship 23care provider to care for the child, and a recommendation that the child remain in 24the home of the long-term kinship care provider and the court, after considering
1that information, assessment, and recommendation, orders the child to remain in 2the long-term kinship care provider’s home. If the court does not order the child to 3remain in the kinship care provider’s home, the court shall order the county 4department or department to request a change in placement under s. 48.357 (1) 5(am) or 938.357 (1) (am) or to request a termination of the guardianship order 6under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) 7may also request a change in placement and any person who is authorized to file a 8petition for the appointment of a guardian for the child may also request a 9termination of the guardianship order. AB50-ASA2-AA8,11610Section 116. 48.57 (3n) (b) 1. of the statutes is amended to read: AB50-ASA2-AA8,73,161148.57 (3n) (b) 1. The county department or, in a county having a population of 12750,000 or more, the department or a county department if the county department 13is making the payments shall refer to the attorney responsible for support 14enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for 15whom a payment is made under par. (am). This subdivision does not apply to a 16child 18 years of age or over for whom a payment is made under par. (am). AB50-ASA2-AA8,73,221848.57 (3n) (c) The county department or, in a county having a population of 19750,000 or more, the department or a county department if the county department 20is making the payments shall require the parent or parents of a child for whom a 21payment is made under par. (am) to initiate or continue health care insurance 22coverage for the child. AB50-ASA2-AA8,74,32448.57 (3n) (cm) A long-term kinship care provider who receives a payment
1under par. (am) for providing care and maintenance for a child is not eligible to 2receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that 3child. AB50-ASA2-AA8,74,11548.57 (3n) (d) The county department or, in a county having a population of 6750,000 or more, the department or a county department if the county department 7is making the payments shall, at least once every 12 months after the county 8department or department begins making payments under this subsection, 9determine whether any of the events specified in par. (am) 6. a. to f. have occurred. 10If any such events have occurred, the county department or department shall 11discontinue making those payments. AB50-ASA2-AA8,12012Section 120. 48.57 (3n) (g) 2. (intro.) of the statutes is amended to read: AB50-ASA2-AA8,74,221348.57 (3n) (g) 2. (intro.) If a recipient requests a hearing within 10 days after 14the date of notice that his or her payments under par. (am) are being discontinued, 15those payments may not be discontinued until a decision is rendered after the 16hearing but payments made pending the hearing decision may be recovered by the 17department if the contested action or failure to act is upheld. The department shall 18promptly notify the county department of the county in which the recipient resides 19or, if the recipient resides in a county having a population of 750,000 or more, the 20subunit of the department administering of the long-term kinship care program in 21that county or the county department that the recipient has requested a hearing. 22Payments under par. (am) shall be discontinued if any of the following applies: AB50-ASA2-AA8,75,82448.57 (3n) (h) A county department or, in a county having a population of
1750,000 or more, the department or a county department may recover an 2overpayment made under par. (am) from a long-term kinship care provider who 3continues to receive payments under par. (am) by reducing the amount of the long-4term kinship care provider’s monthly payment. The department may by rule 5specify other methods for recovering overpayments made under par. (am). A county 6department that recovers an overpayment under this paragraph due to the efforts 7of its officers and employees may retain a portion of the amount recovered, as 8provided by the department by rule. 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-AA8,76,7248.57 (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-AA8,76,13948.57 (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-AA8,78,12
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 person’s 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 person’s 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 applicant’s 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 person’s 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 applicant’s 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 person’s 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 6applicant’s 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 person’s 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 person’s 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.
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