Amendment SA1-SSA2-SB45

SB45-SSA2-SA1,31,15 1. “Adult resident” means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n).

SB45-SSA2-SA1,91 Section 91. 48.57 (3p) (a) 2. of the statutes is created to read:

SB45-SSA2-SA1,31,18 48.57 (3p) (a) 2. “County department” means a county department under s. 46.215, 46.22, 46.23.

SB45-SSA2-SA1,92 Section 92. 48.57 (3p) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA1,31,23 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

SB45-SSA2-SA1,93 Section 93. 48.57 (3p) (b) 2. of the statutes is amended to read:

SB45-SSA2-SA1,32,6 48.57 (3p) (b) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

SB45-SSA2-SA1,94 Section 94. 48.57 (3p) (b) 3. of the statutes is amended to read:

SB45-SSA2-SA1,32,12 48.57 (3p) (b) 3. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department or department considers to be appropriate.

SB45-SSA2-SA1,95 Section 95. 48.57 (3p) (c) 1. of the statutes is amended to read:

SB45-SSA2-SA1,32,20 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

SB45-SSA2-SA1,96 Section 96. 48.57 (3p) (c) 2. of the statutes is amended to read:

SB45-SSA2-SA1,33,5 48.57 (3p) (c) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

SB45-SSA2-SA1,97 Section 97. 48.57 (3p) (c) 2m. of the statutes is amended to read:

SB45-SSA2-SA1,33,13 48.57 (3p) (c) 2m. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.

SB45-SSA2-SA1,98 Section 98. 48.57 (3p) (c) 3. of the statutes is amended to read:

SB45-SSA2-SA1,33,22 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

SB45-SSA2-SA1,99 Section 99. 48.57 (3p) (d) of the statutes is amended to read:

SB45-SSA2-SA1,34,11 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 750,000 or more, the department or the county department determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

SB45-SSA2-SA1,100 Section 100. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,34,16 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 750,000 or more, the department or the county department with all of the following information:

SB45-SSA2-SA1,101 Section 101. 48.57 (3p) (fm) 1. of the statutes is amended to read:

SB45-SSA2-SA1,35,6 48.57 (3p) (fm) 1. The county department or, in a county having a population of 750,000 or more, the department or the county department may provisionally approve the making of payments under sub. (3m) based on the applicant’s statement under sub. (3m) (am) 4m. The county department or department may not finally approve the making of payments under sub. (3m) unless the county department or department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

SB45-SSA2-SA1,102 Section 102. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

SB45-SSA2-SA1,36,5 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 750,000 or more, the department or the county department may not enter into the agreement under sub. (3n) (am) 6. unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant’s ability to care for the child. The county department or, in a county having a population of 750,000 or more, the department or the county department may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant’s ability to care for the child.

SB45-SSA2-SA1,103 Section 103. 48.57 (3p) (fm) 2. of the statutes is amended to read:

SB45-SSA2-SA1,37,13 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice indicating that the person’s conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m) or until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

SB45-SSA2-SA1,104 Section 104. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

SB45-SSA2-SA1,39,2 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice relating to the person’s conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.

SB45-SSA2-SA1,105 Section 105. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,39,10 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or, in a county having a population of 750,000 or more, the department or the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

SB45-SSA2-SA1,106 Section 106. 48.57 (3p) (h) 2. of the statutes is amended to read:

SB45-SSA2-SA1,39,19 48.57 (3p) (h) 2. The request for review shall be filed with the director of the county department or, in a county having a population of 750,000 or more, with the director of the county department or the person designated by the secretary to receive requests for review filed under this subdivision. If the governing body of an Indian tribe has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.

SB45-SSA2-SA1,107 Section 107. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,40,7 48.57 (3p) (h) 3. (intro.) The director of the county department, the person designated by the governing body of an Indian tribe or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the Indian tribe or the person designated by the secretary shall consider all of the following factors:

SB45-SSA2-SA1,108 Section 108. 48.57 (3p) (h) 4. of the statutes is amended to read:

SB45-SSA2-SA1,40,21 48.57 (3p) (h) 4. If the director of the county department, the person designated by the governing body of the Indian tribe or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the kinship care provider to care for the child, the director of the county department, the person designated by the governing body of the Indian tribe, or the person designated by the secretary may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.

SB45-SSA2-SA1,109 Section 109. 48.57 (3p) (hm) of the statutes is amended to read:

SB45-SSA2-SA1,41,10 48.57 (3p) (hm) A county department or, in a county having a population of 750,000 or more, the department or the county department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person’s ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f).

SB45-SSA2-SA1,110 Section 110. 48.57 (3p) (i) of the statutes is amended to read:

SB45-SSA2-SA1,41,16 48.57 (3p) (i) A county department and, in a county having a population of 750,000 or more, the department or a county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such information is not subject to inspection or copying under s. 19.35.

SB45-SSA2-SA1,111 Section 111. 48.57 (3p) (j) of the statutes is amended to read:

SB45-SSA2-SA1,41,21 48.57 (3p) (j) A county department or, in a county having a population of 750,000 or more, the department or a county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

SB45-SSA2-SA1,112 Section 112. 48.62 (4) (a) of the statutes is amended to read:

SB45-SSA2-SA1,42,5 48.62 (4) (a) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2024, the rates for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a), are $375 and 2026, for care and maintenance provided by a foster home that is certified to provide care at a any level of care that is higher than level one care, the rates are all of the following:

SB45-SSA2-SA1,42,6 1. $441 $463 for a child under 5 years of age.

SB45-SSA2-SA1,42,7 2. $483 $507 for a child 5 to 11 years of age.

SB45-SSA2-SA1,42,8 3. $548 $575 for a child 12 to 14 years of age.

SB45-SSA2-SA1,42,9 4. $572 $601 for a child 15 years of age or over.

SB45-SSA2-SA1,113 Section 113. 48.62 (5) of the statutes is created to read:

SB45-SSA2-SA1,42,15 48.62 (5) (a) In addition to the grants for basic maintenance and supplemental payments for foster care under sub. (4), the department or, with the department’s approval, the county department or licensed child welfare agency may make emergency payments for foster care to foster homes that are receiving payments under sub. (4) if any of the following conditions are met:

SB45-SSA2-SA1,42,18 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the foster home.

SB45-SSA2-SA1,42,20 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the foster home.

SB45-SSA2-SA1,42,23 3. The department has determined that conditions in this state or in the locality of the foster home have resulted in a temporary increase in the costs borne by foster homes. Those conditions may include any of the following:

SB45-SSA2-SA1,42,24 a. A pandemic or other public health threat.

SB45-SSA2-SA1,43,1 b. A natural disaster.

SB45-SSA2-SA1,43,2 c. Unplanned school closures of 5 consecutive days or more.

SB45-SSA2-SA1,43,4 (b) The department shall determine the amount of emergency payments under par. (a) based on available funding.

SB45-SSA2-SA1,114 Section 114. 48.62 (8m) of the statutes is created to read:

SB45-SSA2-SA1,43,7 48.62 (8m) The department may promulgate rules governing the provision of emergency payments to foster homes under sub. (5).

SB45-SSA2-SA1,115 Section 115. 48.623 (1) of the statutes is renumbered 48.623 (1r), and 48.623 (1r) (c), as renumbered, is amended to read:

SB45-SSA2-SA1,43,16 48.623 (1r) (c) An 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) (a).

SB45-SSA2-SA1,116 Section 116. 48.623 (1g) of the statutes is created to read:

SB45-SSA2-SA1,43,19 48.623 (1g) In this section, “county department” means a county department under s. 46.215, 46.22, or 46.23.

SB45-SSA2-SA1,117 Section 117. 48.623 (1m) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,43,23 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship payments under sub. (1) (1r) or (6) may be continued after the child attains 18 years of age if any of the following applies:

SB45-SSA2-SA1,118 Section 118. 48.623 (2) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,44,17 48.623 (2) Subsidized guardianship agreement. (intro.) Before a county department, an Indian tribe, or the department may approve the provision of subsidized guardianship payments under sub. (1) (1r) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is 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, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following:

SB45-SSA2-SA1,119 Section 119. 48.623 (2) (e) of the statutes is amended to read:

SB45-SSA2-SA1,44,22 48.623 (2) (e) That, in determining eligibility for adoption assistance under s. 48.975 and 42 USC 673 for the care of the child, the placement of the child in the home of the guardian and any payments made under sub. (1) (1r) shall be considered never to have been made.

SB45-SSA2-SA1,120 Section 120. 48.623 (3) (a) of the statutes is amended to read:

SB45-SSA2-SA1,45,22 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) (1r) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court, or 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. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) (1r) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx) or the county department shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd).

SB45-SSA2-SA1,121 Section 121. 48.623 (3) (b) of the statutes is amended to read:

SB45-SSA2-SA1,46,8 48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) (1r) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) (1r) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

SB45-SSA2-SA1,122 Section 122. 48.623 (3) (c) 2. of the statutes is amended to read:

SB45-SSA2-SA1,46,24 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).

SB45-SSA2-SA1,123 Section 123. 48.623 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA1,47,9 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.

SB45-SSA2-SA1,124 Section 124. 48.623 (4) of the statutes is amended to read:

SB45-SSA2-SA1,47,18 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.

SB45-SSA2-SA1,125 Section 125. 48.623 (5) (a) of the statutes is amended to read:

SB45-SSA2-SA1,48,2 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.

SB45-SSA2-SA1,126 Section 126. 48.623 (5) (b) 2. of the statutes is amended to read:

SB45-SSA2-SA1,48,13 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.

SB45-SSA2-SA1,127 Section 127. 48.623 (5) (b) 3. of the statutes is amended to read:

SB45-SSA2-SA1,48,17 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.

SB45-SSA2-SA1,128 Section 128. 48.623 (6) (am) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,48,23 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:

SB45-SSA2-SA1,129 Section 129. 48.623 (6) (bm) (intro.) of the statutes is amended to read: