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-AA8,85,211848.57 (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 child’s 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-AA8,86,9848.623 (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-AA8,87,12948.623 (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-AA8,88,111448.623 (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-AA8,88,211348.623 (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-AA8,89,221548.623 (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 18person’s 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-AA8,90,72448.623 (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-AA8,90,15948.623 (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 recipient’s behalf. 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 child’s 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-AA8,92,12948.623 (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-AA8,92,201448.623 (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-AA8,92,242248.623 (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-AA8,93,5248.623 (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-AA8,93,9748.977 (title) Appointment of guardians for certain children or 8juveniles in need of protection or services or juveniles adjudged 9delinquent. AB50-ASA2-AA8,93,221148.977 (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). AB50-ASA2-AA8,94,172448.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623
1(1) (1r) may not be made to a guardian of a child unless a subsidized guardianship 2agreement under s. 48.623 (2) is entered into before the guardianship order is 3granted and the court either terminates any order specified in sub. (2) (a) or 4dismisses any proceeding in which the child has been adjudicated in need of 5protection or services or has been adjudged delinquent as specified in sub. (2) (a). If 6a child’s permanency plan calls for placement of the child in the home of a guardian 7and the provision of monthly subsidized guardianship payments to the guardian, 8the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a 9statement of the determinations made under s. 48.623 (1) (1r) and a request for the 10court to include in the court’s findings under sub. (4) (d) a finding confirming those 11determinations. If the court confirms those determinations, appoints a guardian 12for the child under sub. (2), and either terminates any order specified in sub. (2) (a) 13or dismisses any proceeding in which the child is adjudicated to be in need of 14protection or services or is adjudged delinquent as specified in sub. (2) (a), the 15county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the 16department shall provide monthly subsidized guardianship payments to the 17guardian under s. 48.623 (1) (1r). AB50-ASA2-AA8,95,91948.977 (3r) (b) Successor guardian. Subsidized guardianship payments 20under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless 21the court makes a finding confirming that the successor guardian is named as a 22prospective successor guardian of the child in a subsidized guardianship agreement 23or amended subsidized guardianship agreement under s. 48.623 (2) that was 24entered into before the death or incapacity of the guardian and that the conditions
1specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to 2assume the duty and authority of guardianship as provided in sub. (5m), and either 3terminates any order specified in sub. (2) (a) or dismisses any proceeding in which 4the child has been adjudicated in need of protection or services or adjudged 5delinquent as specified in sub. (2) (a). If the court makes that finding and 6appointment and either terminates such an order or dismisses such a proceeding, 7the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the 8department shall provide monthly subsidized guardianship payments to the 9successor guardian under s. 48.623 (6) (bm). AB50-ASA2-AA8,16810Section 168. 48.977 (4) (a) 8. of the statutes is amended to read: AB50-ASA2-AA8,95,141148.977 (4) (a) 8. The person representing the interests of the public under s. 1248.09, or, if the child has been placed pursuant to an order under ch. 938 or the 13child’s placement with the guardian is recommended under ch. 938, the person 14representing the interests of the public under s. 938.09. AB50-ASA2-AA8,16915Section 169. 48.977 (4) (b) 3. of the statutes is amended to read: AB50-ASA2-AA8,96,41648.977 (4) (b) 3. The date on which the child was adjudged in need of 17protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), 18(10m), (11), or (11m) or 938.13 (4) and the dates on which the child has been placed, 19or continued in a placement, outside of his or her home pursuant to one or more 20court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 21938.365 or, if the child has been so adjudged, but not so placed, the date of the report 22under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the 23person is recommended, or, if the child has been adjudged delinquent under s. 24938.12, the date on which the child was adjudged delinquent, and the dates on
1which the child has been placed, or continued in a placement, outside his or her 2home pursuant to one or more court orders under s. 938.34, 938.357, 938.363, or 3938.365 or, if the child has been so adjudged but not so placed, the date of the report 4under s. 938.33 (1). AB50-ASA2-AA8,1705Section 170. 48.977 (4) (c) 1. h. of the statutes is amended to read: AB50-ASA2-AA8,96,8648.977 (4) (c) 1. h. The person representing the interests of the public under s. 748.09, or, if the child has been placed pursuant to an order under ch. 938, the person 8representing the interests of the public under s. 938.09. AB50-ASA2-AA8,96,121048.977 (4) (i) Effect of disposition on permanency review process. After a 11disposition under par. (h), the child’s permanency plan shall continue to be 12reviewed under s. ss. 48.38 (5) and 938.38 (5), if applicable. AB50-ASA2-AA8,17213Section 172. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 146. a. and amended to read: AB50-ASA2-AA8,96,1715938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that 16continued placement of the juvenile in his or her home would be contrary to the 17welfare of the juvenile or, if. AB50-ASA2-AA8,96,2218b. If the juvenile has been adjudicated delinquent and is placed outside the 19home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under 20subd. 6. a., a finding that the juvenile’s current residence will not safeguard the 21welfare of the juvenile or the community due to the serious nature of the act for 22which the juvenile was adjudicated delinquent. AB50-ASA2-AA8,97,723c. The court order under subd. 6. a. or b. shall also contain a finding as to 24whether the county department or the agency primarily responsible for providing
1services under a court order has made reasonable efforts to prevent the removal of 2the juvenile from the home, while assuring that the juvenile’s health and safety are 3the paramount concerns, unless the court finds that any of the circumstances under 4sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared 5for the juvenile, a finding as to whether the county department or agency has made 6reasonable efforts to achieve the permanency goal of the juvenile’s permanency 7plan, including, if appropriate, through an out-of-state placement. AB50-ASA2-AA8,97,148d. The court shall make the findings specified in this subdivision on a case-by-9case basis based on circumstances specific to the juvenile and shall document or 10reference the specific information on which those findings are based in the court 11order. A court order that merely references this subdivision without documenting 12or referencing that specific information in the court order or an amended court 13order that retroactively corrects an earlier court order that does not comply with 14this subdivision is not sufficient to comply with this subdivision. AB50-ASA2-AA8,97,1816938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 1749.19 (20), except that this paragraph does not apply to a juvenile whose care is 18being paid for under s. 48.623 (1) (1r). AB50-ASA2-AA8,17419Section 174. 938.38 (4) (j) (intro.) of the statutes is amended to read: AB50-ASA2-AA8,97,2220938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other 21person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized 22guardianship payments, a description of all of the following: AB50-ASA2-AA8,17523Section 175. 938.38 (4) (j) 3. of the statutes is amended to read: AB50-ASA2-AA8,98,424938.38 (4) (j) 3. The reasons why a permanent placement with a fit and
1willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a 2subsidized guardianship arrangement is in the best interests of the juvenile. In the 3case of an Indian juvenile, the best interests of the Indian juvenile shall be 4determined in accordance with s. 938.01 (3). AB50-ASA2-AA8,98,86938.38 (4) (j) 4. The ways in which the juvenile and the relative or other 7person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements 8specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments. AB50-ASA2-AA8,98,1410938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the 11juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more 12permanent alternative to guardianship and, if that relative or other person has 13chosen not to pursue adoption, documentation of the reasons for not pursuing 14adoption. AB50-ASA2-AA8,17815Section 178. DCF 55.02 (5g) (b) 2. of the administrative code is repealed. AB50-ASA2-AA8,98,1917(1) Expanding eligibility for subsidized guardianships and kinship care 18payments. Notwithstanding s. 227.265, the repeal of s. DCF 55.02 (5g) (b) 2., Wis. 19Adm. Code, takes effect on the day after publication.”. AB50-ASA2-AA8,99,521“Section 1m. 20.005 (3) (schedule) of the statutes: at the appropriate place, 22insert the following amounts for the purposes indicated: AB50-ASA2-AA8,99,8720.437 (1) (bd) Tribal family services grants. The amounts in the schedule for 8tribal family services grants under s. 48.487. AB50-ASA2-AA8,99,131020.437 (1) (bn) Tribal placements. The amounts in the schedule to be used for 11unexpected or unusually high-cost out-of-home care placements of Indian children 12by tribal courts, including placements of Indian juveniles who have been 13adjudicated delinquent. AB50-ASA2-AA8,99,221548.48 (8p) To reimburse tribes and county departments, from the 16appropriation appropriations under s. 20.437 (1) (bn) and (kz), for unexpected or 17unusually high-cost out-of-home care placements of Indian children by tribal 18courts, other than placements to which s. 938.485 (4) applies. In this subsection, 19“unusually high-cost out-of-home care placements” means the amount by which the 20cost to a tribe or to a county department of out-of-home care placements of Indian 21children by tribal courts, other than placements to which s. 938.485 (4) applies, 22exceeds $50,000 in a fiscal year.
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