SB45-SSA2-SA1,4911Section 49. 48.526 (7) (intro.) of the statutes is amended to read: SB45-SSA2-SA1,16,171248.526 (7) Allocations of funds. (intro.) Within the limits of the 13availability of the appropriations under s. 20.437 (1) (cj), (o), and (q), the 14department shall allocate funds for community youth and family aids for the period 15beginning on July 1, 2021 2025, and ending on June 30, 2023 and for the 2023 fiscal 16biennium 2027, as provided in this subsection to county departments under ss. 1746.215, 46.22, and 46.23 as follows: SB45-SSA2-SA1,5018Section 50. 48.526 (7) (a) of the statutes is amended to read: SB45-SSA2-SA1,16,221948.526 (7) (a) For community youth and family aids under this section, 20amounts not to exceed $47,740,750 $48,089,350 for the last 6 months of 2023, 21$95,481,500 2025, $101,138,500 for 2024 2026, and $47,740,750 $51,610,850 for the 22first 6 months of 2025 2027. SB45-SSA2-SA1,5123Section 51. 48.526 (7) (b) (intro.) of the statutes is amended to read: SB45-SSA2-SA1,17,32448.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department
1shall allocate $2,000,000 for the last 6 months of 2023 2025, $4,000,000 for 2024 22026, and $2,000,000 for the first 6 months of 2025 2027 to counties based on each 3of the following factors weighted equally: SB45-SSA2-SA1,524Section 52. 48.526 (7) (bm) of the statutes is amended to read: SB45-SSA2-SA1,17,10548.526 (7) (bm) Of the amounts specified in par. (a), the department shall 6allocate $6,250,000 for the last 6 months of 2023 2025, $12,500,000 for 2024 2026, 7and $6,250,000 for the first 6 months of 2025 2027 to counties based on each 8county’s proportion of the number of juveniles statewide who are placed in a 9juvenile correctional facility or a secured residential care center for children and 10youth during the most recent 3-year period for which that information is available. SB45-SSA2-SA1,5311Section 53. 48.526 (7) (c) of the statutes is amended to read: SB45-SSA2-SA1,17,191248.526 (7) (c) Of the amounts specified in par. (a), the department shall 13allocate $1,053,200 for the last 6 months of 2023 2025, $2,106,500 for 2024 2026, 14and $1,053,300 for the first 6 months of 2025 2027 to counties based on each of the 15factors specified in par. (b) 1. to 3. weighted equally, except that no county may 16receive an allocation under this paragraph that is less than 93 percent nor more 17than 115 percent of the amount that the county would have received under this 18paragraph if the allocation had been distributed only on the basis of the factor 19specified in par. (b) 3. SB45-SSA2-SA1,5723Section 57. 48.528 of the statutes is repealed and recreated to read: SB45-SSA2-SA1,18,22448.528 Youth justice system improvement program. From the
1appropriations under s. 20.437 (1) (cm) and (kp), in each fiscal year, the department 2may expend funds for the following purposes: SB45-SSA2-SA1,18,73(1) To fund programs that enhance diversion, prevention, or early 4intervention to reduce the number of justice-involved youth, as well as programs 5that promote successful outcomes for all justice-involved youth. To determine 6eligibility for a payment under this subsection, the department shall require a 7county or other provider to submit a plan for the expenditure of the payment. SB45-SSA2-SA1,18,98(2) To address emergencies related to community youth and family aids under 9s. 48.526. SB45-SSA2-SA1,18,1010(3) To fund activities required of the department under s. 48.526 (1). SB45-SSA2-SA1,18,171248.563 (2) County allocation. For children and family services under s. 1348.569 (1) (d), the department shall distribute not more than $101,154,200 14$104,969,500 in fiscal year 2021-22 2025-26 and $101,162,800 $110,869,200 in 15fiscal year 2022-23. In fiscal year 2023-24, the department shall distribute 16$101,551,400. In fiscal year 2024-25, the department shall distribute $101,939,600 172026-27. SB45-SSA2-SA1,5918Section 59. 48.57 (3m) (a) 1m. of the statutes is created to read: SB45-SSA2-SA1,18,201948.57 (3m) (a) 1m. “County department” means a county department under 20s. 46.215, 46.22, or 46.23. SB45-SSA2-SA1,19,142348.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (1) (dd) and 24(2) (dz), (md), (me), and (s), the department shall reimburse counties having
1populations of less than 750,000 for payments made under this subsection and shall 2make payments under this subsection in a county having a population of 750,000 or 3more. In a county having a population of 750,000 or more, the department shall 4make payments under this subsection or shall reimburse a county department for 5payments made under this subsection from the appropriations under s. 20.437 (1) 6(dd) and (pd). Subject to par. (ap), and if all of the following conditions are met, 7beginning on January 1, 2026, a county department and, in a county having a 8population of 750,000 or more, the department or a county department shall make 9monthly payments per month to a kinship care provider who is providing care and 10maintenance for a child in the amount of $375 beginning on January 1, 2024, to a 11kinship care provider who is providing care and maintenance for a child if all of the 12following conditions are met $463 for a child under 5 years of age; $507 for a child 5 13to 11 years of age; $575 for a child 12 to 14 years of age; and $601 for a child 15 years 14of age or over: SB45-SSA2-SA1,6115Section 61. 48.57 (3m) (am) 2. of the statutes is renumbered 48.57 (3m) (am) 162. (intro.) and amended to read: SB45-SSA2-SA1,19,181748.57 (3m) (am) 2. (intro.) The county department or department determines 18that the child meets one or more of the following conditions: SB45-SSA2-SA1,19,2019a. The child meets one or more of the criteria specified in s. 48.13, 938.12, or 20938.13, that the. SB45-SSA2-SA1,19,2221b. The child would be at risk of meeting one or more of those the criteria 22specified in s. 48.13 or 938.13 if the child were to remain in his or her home or, if. SB45-SSA2-SA1,20,3
1c. If the child is 18 years of age or over, that the child would meet or be at risk 2of meeting one or more of those the criteria as specified in this subdivision in s. 348.13 or 938.13 if the child were under 18 years of age. SB45-SSA2-SA1,624Section 62. 48.57 (3m) (am) 4m. of the statutes is amended to read: SB45-SSA2-SA1,20,11548.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care 6provider states that he or she does not have any arrests or convictions that could 7adversely affect the child or the kinship care provider’s ability to care for the child 8and that no adult resident, as defined in sub. (3p) (a) 1., and no employee or 9prospective employee of the kinship care provider who would have regular contact 10with the child has any arrests or convictions that could adversely affect the child or 11the kinship care provider’s ability to care for the child. SB45-SSA2-SA1,6312Section 63. 48.57 (3m) (an) of the statutes is created to read: SB45-SSA2-SA1,20,201348.57 (3m) (an) In addition to the monthly payments for kinship care under 14par. (am), the department or the county department may make payments for 15exceptional circumstances to enable siblings or a minor parent and minor children 16to reside together and for initial clothing allowances to a kinship care provider who 17is providing care and maintenance for a child residing in the home of the kinship 18care provider who is receiving a monthly rate under par. (am), commensurate with 19the needs of the child, according to the rules promulgated by the department under 20par. (i) 3. SB45-SSA2-SA1,6421Section 64. 48.57 (3m) (ap) 1. of the statutes is amended to read: SB45-SSA2-SA1,21,82248.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a 23county having a population of 750,000 or more, the department or the county 24department may make payments under par. (am) to a kinship care provider who is
1providing care and maintenance for a child who is placed in the home of the kinship 2care provider under a court order for no more than 60 days after the date on which 3the county department or department received under par. (am) 1. the completed 4application of the kinship care provider for a license to operate a foster home or, if 5the application is approved or denied or the kinship care provider is otherwise 6determined to be ineligible for licensure within those 60 days, until the date on 7which the application is approved or denied or the kinship care provider is 8otherwise determined to be ineligible for licensure. SB45-SSA2-SA1,659Section 65. 48.57 (3m) (ap) 3. of the statutes is amended to read: SB45-SSA2-SA1,22,21048.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care 11provider specified in subd. 1. is denied or the kinship care provider is otherwise 12determined to be ineligible for licensure, the county department or, in a county 13having a population of 750,000 or more, the department or the county department 14may make payments under par. (am) to the kinship care provider for as long as the 15conditions specified in par. (am) 1. to 6. continue to apply if the county department 16or department submits to the court information relating to the background 17investigation specified in par. (am) 4., an assessment of the safety of the kinship 18care provider’s home and the ability of the kinship care provider to care for the 19child, and a recommendation that the child remain in the home of the kinship care 20provider and the court, after considering that information, assessment, and 21recommendation, orders the child to remain in the kinship care provider’s home. If 22the court does not order the child to remain in the kinship care provider’s home, the 23court shall order the county department or department to request a change in
1placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 248.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement. SB45-SSA2-SA1,663Section 66. 48.57 (3m) (ar) and (at) of the statutes are created to read: SB45-SSA2-SA1,22,9448.57 (3m) (ar) In addition to the monthly payments for kinship care under 5par. (ap), the department or, with the department’s approval, the county 6department may make emergency payments for kinship care to kinship care 7providers who are providing care and maintenance for children residing in the 8home of kinship care providers under a court order if any of the following conditions 9are met: SB45-SSA2-SA1,22,12101. The governor has declared a state of emergency pursuant to s. 323.10, or 11the federal government has declared a major disaster under 42 USC 68, that covers 12the locality of the home of the kinship care provider. SB45-SSA2-SA1,22,15132. This state has received federal funding to be used for child welfare purposes 14due to an emergency or disaster declared for the locality of the home of the kinship 15care provider. SB45-SSA2-SA1,22,19163. The department has determined that conditions in this state or in the 17locality of the home of the kinship care provider have resulted in a temporary 18increase in the costs borne by kinship care providers. Those conditions may include 19any of the following: SB45-SSA2-SA1,22,2020a. A pandemic or other public health threat. SB45-SSA2-SA1,22,2121b. A natural disaster. SB45-SSA2-SA1,22,2222c. Unplanned school closures of 5 consecutive days or more. SB45-SSA2-SA1,23,2
1(at) The department shall determine the amount of emergency payments 2under par. (ar) based on available funding. SB45-SSA2-SA1,673Section 67. 48.57 (3m) (b) 1. of the statutes is amended to read: SB45-SSA2-SA1,23,9448.57 (3m) (b) 1. The county department or, in a county having a population 5of 750,000 or more, the department or a county department if the county 6department is making the payments shall refer to the attorney responsible for 7support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a 8child for whom a payment is made under par. (am). This subdivision does not apply 9to a child 18 years of age or over for whom a payment is made under par. (am). SB45-SSA2-SA1,6810Section 68. 48.57 (3m) (c) of the statutes is amended to read: SB45-SSA2-SA1,23,151148.57 (3m) (c) The county department or, in a county having a population of 12750,000 or more, the department or a county department if the county department 13is making the payments shall require the parent or parents of a child for whom a 14payment is made under par. (am) to initiate or continue health care insurance 15coverage for the child. SB45-SSA2-SA1,6916Section 69. 48.57 (3m) (cm) of the statutes is amended to read: SB45-SSA2-SA1,23,191748.57 (3m) (cm) A kinship care provider who receives a payment under par. 18(am) for providing care and maintenance for a child is not eligible to receive a 19payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that child. SB45-SSA2-SA1,7020Section 70. 48.57 (3m) (d) of the statutes is amended to read: SB45-SSA2-SA1,24,42148.57 (3m) (d) A county department or, in a county having a population of 22750,000 or more, the department or a county department if the county department 23is making the payments shall review a placement of a child for which the county 24department or department makes payments under par. (am) not less than every 12
1months after the county department or department begins making those payments 2to determine whether the conditions specified in par. (am) continue to exist. If 3those conditions do not continue to exist, the county department or department 4shall discontinue making those payments. SB45-SSA2-SA1,715Section 71. 48.57 (3m) (g) 2. (intro.) of the statutes is amended to read: SB45-SSA2-SA1,24,15648.57 (3m) (g) 2. (intro.) If a recipient requests a hearing within 10 days after 7the date of notice that his or her payments under par. (am) are being discontinued, 8those payments may not be discontinued until a decision is rendered after the 9hearing but payments made pending the hearing decision may be recovered by the 10department if the contested action or failure to act is upheld. The department shall 11promptly notify the county department of the county in which the recipient resides 12or, if the recipient resides in a county having a population of 750,000 or more, the 13subunit of the department administering of the kinship care program in that 14county or the county department that the recipient has requested a hearing. 15Payments under par. (am) shall be discontinued if any of the following applies: SB45-SSA2-SA1,7216Section 72. 48.57 (3m) (h) of the statutes is amended to read: SB45-SSA2-SA1,25,21748.57 (3m) (h) A county department or, in a county having a population of 18750,000 or more, the department or a county department may recover an 19overpayment made under par. (am) from a kinship care provider who continues to 20receive payments under par. (am) by reducing the amount of the kinship care 21provider’s monthly payment. The department may by rule specify other methods 22for recovering overpayments made under par. (am). A county department that 23recovers an overpayment under this paragraph due to the efforts of its officers and
1employees may retain a portion of the amount recovered, as provided by the 2department by rule. SB45-SSA2-SA1,733Section 73. 48.57 (3m) (i) 3. of the statutes is created to read: SB45-SSA2-SA1,25,7448.57 (3m) (i) 3. Rules governing the provision of payments for exceptional 5circumstances to enable siblings or a minor parent and minor children to reside 6together and for initial clothing allowances for a child residing in the home of a 7kinship care provider who is receiving a monthly rate under par. (am). SB45-SSA2-SA1,25,10948.57 (3m) (j) The department may promulgate rules governing the provision 10of emergency payments under par. (ar). SB45-SSA2-SA1,7511Section 75. 48.57 (3n) (a) 1m. of the statutes is created to read: SB45-SSA2-SA1,25,131248.57 (3n) (a) 1m. “County department” means a county department under s. 1346.215, 46.22, or 46.23. SB45-SSA2-SA1,26,71648.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), 17(me), and (s), the department shall reimburse counties having populations of less 18than 750,000 for payments made under this subsection and shall make payments 19under this subsection in a county having a population of 750,000 or more. In a 20county having a population of 750,000 or more, the department shall make 21payments under this subsection or shall reimburse a county department for 22payments made under this subsection from the appropriations under s. 20.437 (1) 23(dd) and (pd). Subject to par. (ap), and if all of the following conditions are met, 24beginning on January 1, 2026, a county department and, in a county having a
1population of 750,000 or more, the department or a county department shall make 2monthly payments to a long-term kinship care provider who is providing care and 3maintenance for each a child per month in the amount of $375 beginning on 4January 1, 2024, to a long-term kinship care provider who is providing care and 5maintenance for that child if all of the following conditions are met $463 for a child 6under 5 years of age; $507 for a child 5 to 11 years of age; $557 for a child 12 to 14 7years of age; and $601 for a child 15 years of age or over: SB45-SSA2-SA1,778Section 77. 48.57 (3n) (am) 4. of the statutes is amended to read: SB45-SSA2-SA1,26,17948.57 (3n) (am) 4. The county department or department conducts a 10background investigation under sub. (3p) of the long-term kinship care provider, the 11employees and prospective employees of the long-term kinship care provider who 12have or would have regular contact with the child for whom the payments would be 13made and any other adult resident, as defined in sub. (3p) (a) 1., of the long-term 14kinship care provider’s home to determine if the long-term kinship care provider, 15employee, prospective employee or adult resident has any arrests or convictions that 16are likely to adversely affect the child or the long-term kinship care provider’s 17ability to care for the child. SB45-SSA2-SA1,7818Section 78. 48.57 (3n) (am) 4m. of the statutes is amended to read: SB45-SSA2-SA1,27,21948.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term 20kinship care provider states that he or she does not have any arrests or convictions 21that could adversely affect the child or the long-term kinship care provider’s ability 22to care for the child and that, to the best of the long-term kinship care provider’s 23knowledge, no adult resident, as defined in sub. (3p) (a) 1., and no employee or 24prospective employee of the long-term kinship care provider who would have
1regular contact with the child has any arrests or convictions that could adversely 2affect the child or the long-term kinship care provider’s ability to care for the child. SB45-SSA2-SA1,793Section 79. 48.57 (3n) (an) of the statutes is created to read: SB45-SSA2-SA1,27,11448.57 (3n) (an) In addition to the monthly payments for long-term kinship 5care under par. (am), the department or the county department may make 6payments for exceptional circumstances to enable siblings or a minor parent and 7minor children to reside together and for initial clothing allowances to a long-term 8kinship care provider who is providing care and maintenance for a child residing in 9the home of the long-term kinship care provider who is receiving a monthly rate 10under par. (am), commensurate with the needs of the child, according to the rules 11promulgated by the department under par. (i) 2. SB45-SSA2-SA1,8012Section 80. 48.57 (3n) (ap) 1. of the statutes is amended to read: SB45-SSA2-SA1,27,231348.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a 14county having a population of 750,000 or more, the department or the county 15department may make payments under par. (am) to a long-term kinship care 16provider who is providing care and maintenance for a child who is placed in the 17home of the long-term kinship care provider for no more than 60 days after the date 18on which the county department or department received under par. (am) 1. the 19completed application of the long-term kinship care provider for a license to operate 20a foster home or, if the application is approved or denied or the long-term kinship 21care provider is otherwise determined to be ineligible for licensure within those 60 22days, until the date on which the application is approved or denied or the long-term 23kinship care provider is otherwise determined to be ineligible for licensure. SB45-SSA2-SA1,8124Section 81. 48.57 (3n) (ap) 3. of the statutes is amended to read: SB45-SSA2-SA1,28,20
148.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship 2care provider specified in subd. 1. is denied or the long-term kinship care provider 3is otherwise determined to be ineligible for licensure, the county department or, in 4a county having a population of 750,000 or more, the department or the county 5department may make payments under par. (am) to the long-term kinship care 6provider until an event specified in par. (am) 6. a. to f. occurs if the county 7department or department submits to the court information relating to the 8background investigation specified in par. (am) 4., an assessment of the safety of the 9long-term kinship care provider’s home and the ability of the long-term kinship 10care provider to care for the child, and a recommendation that the child remain in 11the home of the long-term kinship care provider and the court, after considering 12that information, assessment, and recommendation, orders the child to remain in 13the long-term kinship care provider’s home. If the court does not order the child to 14remain in the kinship care provider’s home, the court shall order the county 15department or department to request a change in placement under s. 48.357 (1) 16(am) or 938.357 (1) (am) or to request a termination of the guardianship order 17under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) 18may also request a change in placement and any person who is authorized to file a 19petition for the appointment of a guardian for the child may also request a 20termination of the guardianship order. SB45-SSA2-SA1,8221Section 82. 48.57 (3n) (b) 1. of the statutes is amended to read: SB45-SSA2-SA1,29,32248.57 (3n) (b) 1. The county department or, in a county having a population of 23750,000 or more, the department or a county department if the county department 24is making the payments shall refer to the attorney responsible for support
1enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for 2whom a payment is made under par. (am). This subdivision does not apply to a 3child 18 years of age or over for whom a payment is made under par. (am). SB45-SSA2-SA1,29,9548.57 (3n) (c) The county department or, in a county having a population of 6750,000 or more, the department or a county department if the county department 7is making the payments shall require the parent or parents of a child for whom a 8payment is made under par. (am) to initiate or continue health care insurance 9coverage for the child. SB45-SSA2-SA1,8410Section 84. 48.57 (3n) (cm) of the statutes is amended to read: SB45-SSA2-SA1,29,141148.57 (3n) (cm) A long-term kinship care provider who receives a payment 12under par. (am) for providing care and maintenance for a child is not eligible to 13receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that 14child. SB45-SSA2-SA1,8515Section 85. 48.57 (3n) (d) of the statutes is amended to read: SB45-SSA2-SA1,29,221648.57 (3n) (d) The county department or, in a county having a population of 17750,000 or more, the department or a county department if the county department 18is making the payments shall, at least once every 12 months after the county 19department or department begins making payments under this subsection, 20determine whether any of the events specified in par. (am) 6. a. to f. have occurred. 21If any such events have occurred, the county department or department shall 22discontinue making those payments. SB45-SSA2-SA1,8623Section 86. 48.57 (3n) (g) 2. (intro.) of the statutes is amended to read: SB45-SSA2-SA1,30,10
148.57 (3n) (g) 2. (intro.) If a recipient requests a hearing within 10 days after 2the date of notice that his or her payments under par. (am) are being discontinued, 3those payments may not be discontinued until a decision is rendered after the 4hearing but payments made pending the hearing decision may be recovered by the 5department if the contested action or failure to act is upheld. The department shall 6promptly notify the county department of the county in which the recipient resides 7or, if the recipient resides in a county having a population of 750,000 or more, the 8subunit of the department administering of the long-term kinship care program in 9that county or the county department that the recipient has requested a hearing. 10Payments under par. (am) shall be discontinued if any of the following applies: SB45-SSA2-SA1,8711Section 87. 48.57 (3n) (h) of the statutes is amended to read: SB45-SSA2-SA1,30,201248.57 (3n) (h) A county department or, in a county having a population of 13750,000 or more, the department or a county department may recover an 14overpayment made under par. (am) from a long-term kinship care provider who 15continues to receive payments under par. (am) by reducing the amount of the long-16term kinship care provider’s monthly payment. The department may by rule 17specify other methods for recovering overpayments made under par. (am). A county 18department that recovers an overpayment under this paragraph due to the efforts 19of its officers and employees may retain a portion of the amount recovered, as 20provided by the department by rule. SB45-SSA2-SA1,8821Section 88. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) 22and amended to read:
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