Amendment AA8-ASA2-AB50

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).

AB50-ASA2-AA8,166 Section 166. 48.977 (3r) (a) of the statutes is amended to read:

AB50-ASA2-AA8,94,17 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) (1r) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or has been adjudged delinquent as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) (1r) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services or is adjudged delinquent as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1) (1r).

AB50-ASA2-AA8,167 Section 167. 48.977 (3r) (b) of the statutes is amended to read:

AB50-ASA2-AA8,95,9 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services or adjudged delinquent as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).

AB50-ASA2-AA8,168 Section 168. 48.977 (4) (a) 8. of the statutes is amended to read:

AB50-ASA2-AA8,95,14 48.977 (4) (a) 8. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938 or the child’s placement with the guardian is recommended under ch. 938, the person representing the interests of the public under s. 938.09.

AB50-ASA2-AA8,169 Section 169. 48.977 (4) (b) 3. of the statutes is amended to read:

AB50-ASA2-AA8,96,4 48.977 (4) (b) 3. The date on which the child was adjudged 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 the dates on which the child has 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, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended, or, if the child has been adjudged delinquent under s. 938.12, the date on which the child was adjudged delinquent, and the dates on which the child 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, if the child has been so adjudged but not so placed, the date of the report under s. 938.33 (1).

AB50-ASA2-AA8,170 Section 170. 48.977 (4) (c) 1. h. of the statutes is amended to read:

AB50-ASA2-AA8,96,8 48.977 (4) (c) 1. h. The person representing the interests of the public under s. 48.09, or, if the child has been placed pursuant to an order under ch. 938, the person representing the interests of the public under s. 938.09.

AB50-ASA2-AA8,171 Section 171. 48.977 (4) (i) of the statutes is amended to read:

AB50-ASA2-AA8,96,12 48.977 (4) (i) Effect of disposition on permanency review process. After a disposition under par. (h), the child’s permanency plan shall continue to be reviewed under s. ss. 48.38 (5) and 938.38 (5), if applicable.

AB50-ASA2-AA8,172 Section 172. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 6. a. and amended to read:

AB50-ASA2-AA8,96,17 938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if.

AB50-ASA2-AA8,96,22 b. If the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under subd. 6. a., a finding that the juvenile’s current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.

AB50-ASA2-AA8,97,7 c. The court order under subd. 6. a. or b. shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement.

AB50-ASA2-AA8,97,14 d. The court shall make the findings specified in this subdivision on a case-by- case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB50-ASA2-AA8,173 Section 173. 938.38 (2) (f) of the statutes is amended to read:

AB50-ASA2-AA8,97,18 938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1) (1r).

AB50-ASA2-AA8,174 Section 174. 938.38 (4) (j) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,97,22 938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB50-ASA2-AA8,175 Section 175. 938.38 (4) (j) 3. of the statutes is amended to read:

AB50-ASA2-AA8,98,4 938.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

AB50-ASA2-AA8,176 Section 176. 938.38 (4) (j) 4. of the statutes is amended to read:

AB50-ASA2-AA8,98,8 938.38 (4) (j) 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

AB50-ASA2-AA8,177 Section 177. 938.38 (4) (j) 5. of the statutes is amended to read:

AB50-ASA2-AA8,98,14 938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB50-ASA2-AA8,178 Section 178. DCF 55.02 (5g) (b) 2. of the administrative code is repealed.

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

AB50-ASA2-AA8,98,19 (1) Expanding eligibility for subsidized guardianships and kinship care payments. Notwithstanding s. 227.265, the repeal of s. DCF 55.02 (5g) (b) 2., Wis. Adm. Code, takes effect on the day after publication.”.

AB50-ASA2-AA8,98,20 26. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,99,5 “Section 1m. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

- See PDF for table

- See PDF for table

AB50-ASA2-AA8,179 Section 179. 20.437 (1) (bd) of the statutes is created to read:

AB50-ASA2-AA8,99,8 20.437 (1) (bd) Tribal family services grants. The amounts in the schedule for tribal family services grants under s. 48.487.

AB50-ASA2-AA8,180 Section 180. 20.437 (1) (bn) of the statutes is created to read:

AB50-ASA2-AA8,99,13 20.437 (1) (bn) Tribal placements. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, including placements of Indian juveniles who have been adjudicated delinquent.

AB50-ASA2-AA8,181 Section 181. 48.48 (8p) of the statutes is amended to read:

AB50-ASA2-AA8,99,22 48.48 (8p) To reimburse tribes and county departments, from the appropriation appropriations under s. 20.437 (1) (bn) and (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies. In this subsection, “unusually high-cost out-of-home care placements” means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies, exceeds $50,000 in a fiscal year.

AB50-ASA2-AA8,182 Section 182. 48.487 (1m) of the statutes is amended to read:

AB50-ASA2-AA8,100,6 48.487 (1m) Tribal family services grants. From the appropriation account appropriations under s. 20.437 (1) (bd) and (js), the department may distribute tribal family services grants to the elected governing bodies of the Indian tribes in this state. An elected governing body that receives a grant under this subsection may expend the grant moneys received for any of the purposes specified in subs. (2), (3) (b), (4m) (b), (5) (b), (6), and (7) as determined by that body.”.

AB50-ASA2-AA8,100,7 27. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,100,8 “Section 183. 231.01 (5w) of the statutes is amended to read:

AB50-ASA2-AA8,100,14 231.01 (5w) “Participating educational institution” means an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB50-ASA2-AA8,184 Section 184. 231.01 (6) of the statutes is amended to read:

AB50-ASA2-AA8,100,21 231.01 (6) “Participating health institution” means an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB50-ASA2-AA8,185 Section 185. 231.01 (6m) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,101,4 231.01 (6m) (intro.) “Participating nonprofit institution” means a nonprofit entity, or an affiliate of a nonprofit entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter and is not any of the following:

AB50-ASA2-AA8,186 Section 186. 231.01 (6t) of the statutes is amended to read:

AB50-ASA2-AA8,101,11 231.01 (6t) “Participating research institution” means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, that is located in this state, headquartered in this state, or serves a population in this state, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.”.

AB50-ASA2-AA8,101,12 28. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,101,13 “Section 187. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,102,2 49.155 (1m) (a) (intro.) Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative an individual who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual’s eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

AB50-ASA2-AA8,188 Section 188. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB50-ASA2-AA8,102,11 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child’s biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB50-ASA2-AA8,189 Section 189. 49.155 (1m) (cm) 3. of the statutes is amended to read:

AB50-ASA2-AA8,102,15 49.155 (1m) (cm) 3. A relative of the child An individual who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

AB50-ASA2-AA8,190 Section 190. 49.46 (1) (a) 16. of the statutes is amended to read: