Amendment SA1-SSA2-SB45

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:

SB45-SSA2-SA1,49,9 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):

SB45-SSA2-SA1,130 Section 130. 48.623 (6) (bm) 6. of the statutes is amended to read:

SB45-SSA2-SA1,49,17 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).

SB45-SSA2-SA1,131 Section 131. 48.623 (7) (a) of the statutes is amended to read:

SB45-SSA2-SA1,49,22 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.

SB45-SSA2-SA1,132 Section 132. 48.623 (7) (c) of the statutes is amended to read:

SB45-SSA2-SA1,50,6 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).

SB45-SSA2-SA1,133 Section 133. 48.623 (7) (dm) of the statutes is amended to read:

SB45-SSA2-SA1,50,10 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).

SB45-SSA2-SA1,134 Section 134. 48.623 (8) (b) of the statutes is amended to read:

SB45-SSA2-SA1,50,15 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.

SB45-SSA2-SA1,135 Section 135. 48.645 (3) of the statutes is repealed.

SB45-SSA2-SA1,136 Section 136. 48.977 (title) of the statutes is amended to read:

SB45-SSA2-SA1,50,20 48.977 (title) Appointment of guardians for certain children or juveniles in need of protection or services or juveniles adjudged delinquent.

SB45-SSA2-SA1,137 Section 137. 48.977 (2) (a) of the statutes is amended to read:

SB45-SSA2-SA1,51,9 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).

SB45-SSA2-SA1,138 Section 138. 48.977 (3r) (a) of the statutes is amended to read:

SB45-SSA2-SA1,52,4 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).

SB45-SSA2-SA1,139 Section 139. 48.977 (3r) (b) of the statutes is amended to read:

SB45-SSA2-SA1,52,20 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).

SB45-SSA2-SA1,140 Section 140. 48.977 (4) (a) 8. of the statutes is amended to read:

SB45-SSA2-SA1,53,2 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.

SB45-SSA2-SA1,141 Section 141. 48.977 (4) (b) 3. of the statutes is amended to read:

SB45-SSA2-SA1,53,16 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).

SB45-SSA2-SA1,142 Section 142. 48.977 (4) (c) 1. h. of the statutes is amended to read:

SB45-SSA2-SA1,53,20 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.

SB45-SSA2-SA1,143 Section 143. 48.977 (4) (i) of the statutes is amended to read:

SB45-SSA2-SA1,53,24 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.

SB45-SSA2-SA1,144 Section 144. 49.132 of the statutes is created to read:

SB45-SSA2-SA1,54,4 49.132 Child care partnership grant program. (1) In this section, “business” means a governmental entity, an organization or enterprise operated for profit, or a nonprofit corporation.

SB45-SSA2-SA1,54,9 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

SB45-SSA2-SA1,54,13 (3) A business awarded a grant under this section shall provide matching funds equal to 10 percent or more of the amount awarded if the business has 50 or fewer employees and 15 percent or more of the amount awarded if the business has more than 50 employees.

SB45-SSA2-SA1,54,15 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

SB45-SSA2-SA1,145 Section 145. 49.133 of the statutes is created to read:

SB45-SSA2-SA1,55,2 49.133 Child care quality improvement program. (1) The department may establish a program under which it may, from the appropriation under s. 20.437 (2) (c) and the allocation under s. 49.175 (1) (qm), make monthly payments and monthly per-child payments to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, and child care programs established or contracted for by a school board under s. 120.13 (14). The department may investigate and recover from payment recipients under this section amounts overpaid or obtained through fraud.

SB45-SSA2-SA1,55,6 (2) If the department establishes the program under sub. (1), the department shall promulgate rules to implement the program, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

SB45-SSA2-SA1,146 Section 146. 49.1335 of the statutes is created to read:

SB45-SSA2-SA1,55,9 49.1335 Child care access program. (1) In this section, “family child care center” has the meaning given in s. 49.136 (1) (j).

SB45-SSA2-SA1,55,11 (2) From the appropriation under s. 20.437 (2) (bp), the department shall award the following grants to increase access to high-quality child care in this state:

SB45-SSA2-SA1,55,13 (a) Grants in an amount no greater than $4,500,000, awarded on a competitive basis, to organizations do any of the following:

SB45-SSA2-SA1,55,16 1. Increase the child care workforce in this state by launching an online software platform that is linked to the department’s website to connect child care providers with child care workers and a pool of substitute child care workers.

SB45-SSA2-SA1,55,17 2. Build child care capacity in this state.

SB45-SSA2-SA1,55,20 (b) A grant to Wisconsin Early Childhood Association, Inc., at $5,500,000, to provide any of the following for child care providers or prospective child care providers:

SB45-SSA2-SA1,55,23 1. Assistance with licensing under s. 48.65 and certification under s. 48.651, prioritizing locations with a high need for child care services and child care providers that serve infants and toddlers.

SB45-SSA2-SA1,56,2 2. Coaching services and other support services, including for substitute child care workers.

SB45-SSA2-SA1,56,3 3. Tax education assistance for family child care centers.

SB45-SSA2-SA1,147 Section 147. 49.1337 of the statutes is created to read:

SB45-SSA2-SA1,56,8 49.1337 Child care water safety grant program. From the appropriation under s. 20.437 (2) (ej), each fiscal year the department shall award a grant to Community Water Services, Inc., for the purpose of helping child care providers to access safe drinking water.

SB45-SSA2-SA1,148 Section 148. 49.1385 of the statutes is amended to read:

SB45-SSA2-SA1,56,12 49.1385 Grants for services for homeless and runaway youth. The department may award not more than $400,000 $2,872,800 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.

SB45-SSA2-SA1,149 Section 149. 49.155 (1g) (i) of the statutes is repealed.

SB45-SSA2-SA1,150 Section 150. 49.155 (1m) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,56,23 49.155 (1m) Eligibility. (intro.) Except as provided in sub. (3g) and subject to sub. (1s), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

SB45-SSA2-SA1,151 Section 151. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,57,13 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:

SB45-SSA2-SA1,152 Section 152. 49.155 (1m) (c) 1d. a. of the statutes is amended to read:

SB45-SSA2-SA1,58,2 49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if If the individual is already receiving a child care subsidy under this section and the gross income of the individual’s family exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $3 by which the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family. Beginning in fiscal year 2024-25, to the extent that the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $5 individual may still receive a child care subsidy under this section unless the condition in subd. 1d. b. is met.

SB45-SSA2-SA1,153 Section 153. 49.155 (1m) (c) 1d. b. of the statutes is amended to read:

SB45-SSA2-SA1,58,7 49.155 (1m) (c) 1d. b. Notwithstanding subd. 1d. a., if If the gross income of an individual’s family exceeds 85 percent of the state median income for a family the size of the individual’s family, the individual is not eligible to receive a child care subsidy under this section.

SB45-SSA2-SA1,154 Section 154. 49.155 (1m) (c) 1h. of the statutes is amended to read:

SB45-SSA2-SA1,58,17 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 natural 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 natural 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.

SB45-SSA2-SA1,155 Section 155. 49.155 (1m) (cm) 3. of the statutes is amended to read:

SB45-SSA2-SA1,58,21 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.

SB45-SSA2-SA1,156 Section 156. 49.155 (1s) of the statutes is created to read:

SB45-SSA2-SA1,59,2 49.155 (1s) Presumptive eligibility. (a) The department may find an individual presumptively eligible for a child care subsidy while the department determines the individual’s actual eligibility under sub. (1m) if all the following conditions are met:

SB45-SSA2-SA1,59,4 1. The individual submits to the department a report establishing that the individual meets the conditions under sub. (1m).

SB45-SSA2-SA1,59,6 2. The department is able to plausibly assume that the individual meets the conditions under sub. (1m) based on the report under subd. 1.

SB45-SSA2-SA1,59,9 (b) Upon finding an individual presumptively eligible for child care subsidies under this subsection, the department shall immediately begin issuing benefits to the individual under sub. (3m).

SB45-SSA2-SA1,59,11 (c) An individual may be presumptively eligible for child care subsidies under this subsection for no more than 3 months.

SB45-SSA2-SA1,59,15 (d) If the department determines that an individual found presumptively eligible for child care subsidies under this subsection is actually ineligible for child care subsidies under sub. (1m), the department shall immediately discontinue issuing benefits to the individual under sub. (3m).

SB45-SSA2-SA1,157 Section 157. 49.155 (6) (e) 2., 3. and 5. of the statutes are repealed.