Amendment SA1-SSA2-SB45

SB45-SSA2-SA1,6,5 20.437 (2) (c) Child care quality improvement program. The amounts in the schedule for the program under s. 49.133.

SB45-SSA2-SA1,13 Section 13. 20.437 (2) (d) of the statutes is created to read:

SB45-SSA2-SA1,6,8 20.437 (2) (d) Child care partnership grant program. The amounts in the schedule for the grants under s. 49.132.

SB45-SSA2-SA1,14 Section 14. 20.437 (2) (ej) of the statutes is created to read:

SB45-SSA2-SA1,6,11 20.437 (2) (ej) Child care water safety grant program. As a continuing appropriation, the amounts in the schedule for the grants under s. 49.1337.

SB45-SSA2-SA1,15 Section 15. 20.437 (2) (fg) of the statutes is created to read:

SB45-SSA2-SA1,6,14 20.437 (2) (fg) Grants for out-of-school time programs. The amounts in the schedule for grants to out-of-school time programs under s. 48.483.

SB45-SSA2-SA1,16 Section 16. 20.437 (2) (fn) of the statutes is created to read:

SB45-SSA2-SA1,6,18 20.437 (2) (fn) Expanded Transform Milwaukee Jobs program and Transitional Jobs program. The amounts in the schedule for the program under s. 49.1632.

SB45-SSA2-SA1,17 Section 17. 20.437 (2) (r) of the statutes is amended to read:

SB45-SSA2-SA1,7,10 20.437 (2) (r) Support receipt and disbursement program; payments. From the support collections trust fund, except as provided in par. (qm), all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.57 and 767.75 for child or family support, maintenance, spousal support, health care expenses, or birth expenses, all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.001 (1), and all moneys received under s. 49.855 (4) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service for delinquent child support, family support, or maintenance or outstanding court-ordered amounts for past support, medical expenses, or birth expenses, for disbursement to the persons for whom the payments are awarded, and, if assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

SB45-SSA2-SA1,18 Section 18. 46.10 (1) of the statutes is amended to read:

SB45-SSA2-SA1,7,16 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or ch. 767 or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats.

SB45-SSA2-SA1,19 Section 19. 46.10 (14) (e) 1. of the statutes is amended to read:

SB45-SSA2-SA1,8,3 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

SB45-SSA2-SA1,20 Section 20. 48.233 (2) of the statutes is amended to read:

SB45-SSA2-SA1,8,6 48.233 (2) This section does not apply to a proceeding commenced on or after June 2025 January 1, 2027 under s. 48.13.

SB45-SSA2-SA1,21 Section 21. 48.233 (3) of the statutes is amended to read:

SB45-SSA2-SA1,8,17 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until four years after June 30, 2021 January 1, 2027.

SB45-SSA2-SA1,22 Section 22. 48.233 (4) of the statutes is amended to read:

SB45-SSA2-SA1,8,23 48.233 (4) By January 1, 2025 2027, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

SB45-SSA2-SA1,23 Section 23. 48.33 (4) (b) of the statutes is repealed.

SB45-SSA2-SA1,24 Section 24. 48.33 (4m) of the statutes is repealed.

SB45-SSA2-SA1,25 Section 25. 48.335 (3r) of the statutes is repealed.

SB45-SSA2-SA1,26 Section 26. 48.355 (2) (b) 4. of the statutes is repealed.

SB45-SSA2-SA1,27 Section 27. 48.357 (5m) of the statutes is repealed.

SB45-SSA2-SA1,28 Section 28. 48.36 (4) of the statutes is created to read:

SB45-SSA2-SA1,9,9 48.36 (4) (a) The county department or the department may, based on criteria established by the department by rule, refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom an out-of-home care placement has been ordered under s. 48.355 or 48.357.

SB45-SSA2-SA1,9,11 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

SB45-SSA2-SA1,29 Section 29. 48.363 (2) of the statutes is amended to read:

SB45-SSA2-SA1,9,17 48.363 (2) If the court revises a dispositional order entered prior to July 1, 2026, with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent’s minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

SB45-SSA2-SA1,30 Section 30. 48.38 (2) (f) of the statutes is amended to read:

SB45-SSA2-SA1,9,21 48.38 (2) (f) The child’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 child whose care is being paid for under s. 48.623 (1) (1r).

SB45-SSA2-SA1,31 Section 31. 48.38 (4) (j) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,9,23 48.38 (4) (j) (intro.) If the child 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:

SB45-SSA2-SA1,32 Section 32. 48.38 (4) (j) 3. of the statutes is amended to read:

SB45-SSA2-SA1,10,8 48.38 (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 child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

SB45-SSA2-SA1,33 Section 33. 48.38 (4) (j) 4. of the statutes is amended to read:

SB45-SSA2-SA1,10,12 48.38 (4) (j) 4. The ways in which the child 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.

SB45-SSA2-SA1,34 Section 34. 48.38 (4) (j) 5. of the statutes is amended to read:

SB45-SSA2-SA1,10,18 48.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the child 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.

SB45-SSA2-SA1,35 Section 35. 48.48 (8p) of the statutes is amended to read:

SB45-SSA2-SA1,11,3 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.

SB45-SSA2-SA1,36 Section 36. 48.48 (8r) of the statutes is amended to read:

SB45-SSA2-SA1,11,8 48.48 (8r) To reimburse county departments, the county department under s. 46.215, and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) (1r) or (6), including guardianships of children ordered by tribal courts.

SB45-SSA2-SA1,37 Section 37. 48.48 (8x) of the statutes is created to read:

SB45-SSA2-SA1,11,12 48.48 (8x) To pay for specialized services to children with high acuity needs in congregate care facilities, as defined under s. 48.685 (1) (ao), from the appropriations under s. 20.437 (1) (dd) and (pd).

SB45-SSA2-SA1,38 Section 38. 48.481 (title) of the statutes is amended to read:

SB45-SSA2-SA1,11,15 48.481 (title) Grants for children’s community Youth support programs.

SB45-SSA2-SA1,39 Section 39. 48.481 (2) of the statutes is renumbered 48.481 (2) (b) and amended to read:

SB45-SSA2-SA1,11,22 48.481 (2) (b) The From the appropriation under s. 20.437 (1) (bc), the department shall distribute at least $231,700 in each fiscal year funds for the purpose of assisting any of the following individuals who attain, if the individual is under the age of 23, to make the transition from out-of-home care to a successful adulthood:

SB45-SSA2-SA1,12,3 1. An individual who attained the age of 18 while residing in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement to make the transition from out-of-home care to a successful adulthood out-of-home care.

SB45-SSA2-SA1,12,7 (c) Public or private agencies or organizations are eligible for funding under this subsection. No county department or Indian tribe may use funds provided under this subsection to replace funds previously used by the county department or Indian tribe for this purpose.

SB45-SSA2-SA1,40 Section 40. 48.481 (2) (a) of the statutes is created to read:

SB45-SSA2-SA1,12,14 48.481 (2) (a) In this subsection, “out-of-home care” means the placement and care of a child by the department, a county department, or a tribal child welfare agency in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a person who is not a relative or like-kin, or in a supervised independent living arrangement.

SB45-SSA2-SA1,41 Section 41. 48.481 (2) (b) 2. of the statutes is created to read:

SB45-SSA2-SA1,12,17 48.481 (2) (b) 2. An individual who resided in out-of-home care for at least 6 months after his or her 16th birthday.

SB45-SSA2-SA1,42 Section 42. 48.481 (2) (b) 3. of the statutes is created to read:

SB45-SSA2-SA1,12,20 48.481 (2) (b) 3. An individual who was placed under a guardianship under s. 48.977 on or after his or her 16th birthday.

SB45-SSA2-SA1,43 Section 43. 48.481 (2) (b) 4. of the statutes is created to read:

SB45-SSA2-SA1,12,23 48.481 (2) (b) 4. An individual who was adopted on or after his or her 16th birthday following time spent in out-of-home care.

SB45-SSA2-SA1,44 Section 44. 48.483 of the statutes is created to read:

SB45-SSA2-SA1,13,4 48.483 Grants for out-of-school time programs. (1) In this section, “out- of-school time program” means a structured program or activity that meets all of the following conditions:

SB45-SSA2-SA1,13,7 (a) To the extent practicable, the program or activity is led by adult mentors using evidence-based or evidence-informed practices and is provided to school-age children before school, after school, or during the summer.

SB45-SSA2-SA1,13,9 (b) The program or activity does not supplant instructional services provided by a school or result in academic credit for students.

SB45-SSA2-SA1,13,10 (c) The program or activity relates to one or more of the following topics:

SB45-SSA2-SA1,13,11 1. Improving social, emotional, academic, or career readiness competencies.

SB45-SSA2-SA1,13,14 2. Reducing negative behaviors, including violence and crime, tobacco use, alcohol and substance abuse, disengagement from school, school suspension, truancy, and health-compromising behaviors.

SB45-SSA2-SA1,13,15 3. Providing a safe out-of-school time environment.

SB45-SSA2-SA1,13,16 4. Engaging in career exploration or formal or informal work-based learning.

SB45-SSA2-SA1,13,19 (2) From the appropriation under s. 20.437 (2) (fg), the department shall award grants to out-of-school time programs for the purpose of expanding opportunities for school-age children.

SB45-SSA2-SA1,13,20 (3) The department shall promulgate rules to implement this section.

SB45-SSA2-SA1,45 Section 45. 48.487 (1m) of the statutes is amended to read:

SB45-SSA2-SA1,14,3 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.

SB45-SSA2-SA1,46 Section 46. 48.49 of the statutes is created to read:

SB45-SSA2-SA1,14,9 48.49 Benefits eligibility screening. (1) The department and each county department shall periodically screen each child under the placement and care of the department or county department under this chapter or ch. 938, other than children placed with kinship care providers receiving payments under s. 48.57 (3m) or (3n), to determine whether the child is eligible for federal or state benefits.

SB45-SSA2-SA1,14,12 (2) If a child in out-of-home care is found to be eligible for federal or state benefits under sub. (1), the department or county department shall do all the following:

SB45-SSA2-SA1,14,15 (a) Apply for the benefits on behalf of the child following the procedures established by the department by rule, unless doing so would be contrary to the best interest of the child.

SB45-SSA2-SA1,14,19 (b) Ensure that the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian receive proper and timely notice of any application for benefits, the results of an application for benefits, and any appeal of a denial of benefits that could be or is filed on behalf of the child.

SB45-SSA2-SA1,14,21 (c) Provide the child with training covering financial literacy and maintaining benefit eligibility prior to the child aging out of out-of-home care.

SB45-SSA2-SA1,14,24 (3) If the department or county department is appointed as representative payee for a child in out-of-home care who receives benefits under sub. (2), the department or county department shall do all the following:

SB45-SSA2-SA1,15,2 (a) Consistent with the best interests of the child, conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs.

SB45-SSA2-SA1,15,6 (b) Provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department or county department’s care.

SB45-SSA2-SA1,15,9 (c) Work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits out-of-home care.

SB45-SSA2-SA1,15,11 (4) The department may take any necessary steps to facilitate statewide compliance with this section.

SB45-SSA2-SA1,15,15 (5) The department or a county department may contract with a public or private agency to fulfill the requirements of this section. The department may contract with a public or private agency to fulfill the requirements of this section on behalf of a county department.

SB45-SSA2-SA1,15,21 (6) State or federal benefits received by the department or a county department on behalf of a child may not be used by the department or a county department to pay for the costs of caring for the child in out-of-home care. The department or a county department may use the child’s federal benefits for the child’s unmet needs beyond what the agency is obligated to, is required to, or has agreed to provide as permitted by rules promulgated under sub. (7).

SB45-SSA2-SA1,15,22 (7) The department shall promulgate rules to implement this section.

SB45-SSA2-SA1,47 Section 47. 48.526 (3) (e) of the statutes is amended to read: