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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-AA8,15214Section 152. 48.623 (3) (d) of the statutes is amended to read:
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
18persons 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-AA8,15323Section 153. 48.623 (4) of the statutes is amended to read:
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-AA8,1548Section 154. 48.623 (5) (a) of the statutes is amended to read:
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 recipients behalf.
AB50-ASA2-AA8,1563Section 156. 48.623 (5) (b) 3. of the statutes is amended to read:
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 childs 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-AA8,1608Section 160. 48.623 (7) (a) of the statutes is amended to read:
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-AA8,16113Section 161. 48.623 (7) (c) of the statutes is amended to read:
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-AA8,16221Section 162. 48.623 (7) (dm) of the statutes is amended to read:
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-AA8,163
1Section 163. 48.623 (8) (b) of the statutes is amended to read:
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-AA8,1646Section 164. 48.977 (title) of the statutes is amended to read:
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-AA8,16510Section 165. 48.977 (2) (a) of the statutes is amended to read:
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-AA8,16623Section 166. 48.977 (3r) (a) of the statutes is amended to read:
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 childs 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 courts 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-AA8,16718Section 167. 48.977 (3r) (b) of the statutes is amended to read:
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
13childs 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-AA8,1719Section 171. 48.977 (4) (i) of the statutes is amended to read:
AB50-ASA2-AA8,96,121048.977 (4) (i) Effect of disposition on permanency review process. After a
11disposition under par. (h), the childs 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 juveniles 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 juveniles 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 juveniles 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-AA8,17315Section 173. 938.38 (2) (f) of the statutes is amended to read:
AB50-ASA2-AA8,97,1816938.38 (2) (f) The juveniles 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-AA8,1765Section 176. 938.38 (4) (j) 4. of the statutes is amended to read:
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-AA8,1779Section 177. 938.38 (4) (j) 5. of the statutes is amended to read:
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-AA8,940616Section 9406. Effective dates; Children and Families.
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-AA8,98,202026. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,99,521Section 1m. 20.005 (3) (schedule) of the statutes: at the appropriate place,
22insert the following amounts for the purposes indicated:
AB50-ASA2-AA8,1796Section 179. 20.437 (1) (bd) of the statutes is created to read:
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-AA8,1809Section 180. 20.437 (1) (bn) of the statutes is created to read:
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-AA8,18114Section 181. 48.48 (8p) of the statutes is amended to read:
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,
19unusually 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.
AB50-ASA2-AA8,18223Section 182. 48.487 (1m) of the statutes is amended to read:
AB50-ASA2-AA8,100,6
148.487 (1m) Tribal family services grants. From the appropriation
2account appropriations under s. 20.437 (1) (bd) and (js), the department may
3distribute tribal family services grants to the elected governing bodies of the Indian
4tribes in this state. An elected governing body that receives a grant under this
5subsection may expend the grant moneys received for any of the purposes specified
6in subs. (2), (3) (b), (4m) (b), (5) (b), (6), and (7) as determined by that body..
AB50-ASA2-AA8,100,7727. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,100,88Section 183. 231.01 (5w) of the statutes is amended to read:
AB50-ASA2-AA8,100,149231.01 (5w) Participating educational institution means an entity
10authorized by state law to provide or operate an educational facility, or an affiliate
11of that entity, that is located in this state, headquartered in this state, or serves a
12population in this state, and that undertakes the financing and construction or
13acquisition of a project or undertakes the refunding or refinancing of obligations or
14of a mortgage or of advances as provided in this chapter.
AB50-ASA2-AA8,18415Section 184. 231.01 (6) of the statutes is amended to read:
AB50-ASA2-AA8,100,2116231.01 (6) Participating health institution means an entity authorized by
17state law to provide or operate a health facility, or an affiliate of that entity, that is
18located in this state, headquartered in this state, or serves a population in this
19state, and that undertakes the financing and construction or acquisition of a project
20or undertakes the refunding or refinancing of obligations or of a mortgage or of
21advances as provided in this chapter.
AB50-ASA2-AA8,18522Section 185. 231.01 (6m) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,101,423231.01 (6m) (intro.) Participating nonprofit institution means a nonprofit
24entity, or an affiliate of a nonprofit entity, that is located in this state,

1headquartered in this state, or serves a population in this state, and that
2undertakes the financing and construction or acquisition of a project or undertakes
3the refunding or refinancing of obligations or of a mortgage or of advances as
4provided in this chapter and is not any of the following:
AB50-ASA2-AA8,1865Section 186. 231.01 (6t) of the statutes is amended to read:
AB50-ASA2-AA8,101,116231.01 (6t) Participating research institution means an entity organized
7under the laws of this state that provides or operates a research facility, or an
8affiliate of that entity, that is located in this state, headquartered in this state, or
9serves a population in this state, and that undertakes the financing and
10construction or acquisition of a project or undertakes the refunding or refinancing
11of obligations or of a mortgage or of advances as provided in this chapter..
AB50-ASA2-AA8,101,121228. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,101,1313Section 187. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,102,21449.155 (1m) (a) (intro.) Subject to sub. (2), the individual is a parent of a child
15who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or,
16if the child is disabled, is under the age of 19; or is a relative an individual who,
17under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child
18who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or,
19if the child is disabled, is under the age of 19; and child care services for that child
20are needed in order for the individual to participate in an approved activity. An
21individual who is eligible to receive a child care subsidy under this subsection shall
22remain eligible for that subsidy for a period of 3 months after the individual
23permanently ceases participation in the approved activity or until the department
24or the county department or agency redetermines the individuals eligibility,

1whichever is earlier. In this paragraph, approved activity means any of the
2following:
AB50-ASA2-AA8,1883Section 188. 49.155 (1m) (c) 1h. of the statutes is amended to read:
AB50-ASA2-AA8,102,11449.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care
5for the child under a court order, and is receiving payments under s. 48.57 (3m) or
6(3n) on behalf of the child, the childs biological or adoptive family has a gross
7income that is at or below 200 percent of the poverty line. In calculating the gross
8income of the childs biological or adoptive family, the department or county
9department or agency determining eligibility shall include court-ordered child or
10family support payments received by the individual, if those support payments
11exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.
AB50-ASA2-AA8,18912Section 189. 49.155 (1m) (cm) 3. of the statutes is amended to read:
AB50-ASA2-AA8,102,151349.155 (1m) (cm) 3. A relative of the child An individual who is providing care
14for the child under a court order and receiving payments under s. 48.57 (3m) or (3n)
15on behalf of the child.
AB50-ASA2-AA8,19016Section 190. 49.46 (1) (a) 16. of the statutes is amended to read:
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