Amendment SA1-SSA2-SB45

2025 - 2026 LEGISLATURE

LRBb0625/1

EHS/MDE/MIM:cdc

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 45

July 2, 2025 - Offered by Senators Hesselbein, Smith, Spreitzer, Drake, L. Johnson, Roys, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff and Wall.

SB45-SSA2-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB45-SSA2-SA1,1,3 1. At the appropriate place, insert the schedule for s. 20.437 from 2025 Senate Bill 45 covering the department of children and families.

SB45-SSA2-SA1,1,4 2. At the appropriate places, insert all of the following:

SB45-SSA2-SA1,1,6 “Section 1. 20.255 (2) (eh) of the statutes is renumbered 20.437 (2) (eh) and amended to read:

SB45-SSA2-SA1,1,8 20.437 (2) (eh) Head start supplement. The amounts in the schedule for the head start supplement under s. 115.3615 49.39.

SB45-SSA2-SA1,2 Section 2. 20.437 (1) (bc) of the statutes is amended to read:

SB45-SSA2-SA1,2,6 20.437 (1) (bc) Grants for children’s community Youth support programs. The amounts in the schedule for grants for children’s community youth support programs under s. 48.481. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All moneys under this appropriation account that are distributed under s. 48.481 but are not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB45-SSA2-SA1,3 Section 3. 20.437 (1) (bd) of the statutes is created to read:

SB45-SSA2-SA1,2,9 20.437 (1) (bd) Tribal family services grants. The amounts in the schedule for tribal family services grants under s. 48.487.

SB45-SSA2-SA1,2,13 20.437 (1) (bn) Tribal placements. The amounts in the schedule to be used for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, including placements of Indian juveniles who have been adjudicated delinquent.

SB45-SSA2-SA1,4 Section 4. 20.437 (1) (cj) of the statutes is amended to read:

SB45-SSA2-SA1,3,5 20.437 (1) (cj) Community youth and family aids. The amounts in the schedule for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 49.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer moneys under this paragraph between fiscal years. Except for moneys authorized to be carried forward under s. 48.526 (3) (dm) or for transfer under s. 48.526 (3) (e), all moneys from this paragraph allocated under s. 48.526 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

SB45-SSA2-SA1,5 Section 5. 20.437 (1) (cm) of the statutes is amended to read:

SB45-SSA2-SA1,3,9 20.437 (1) (cm) Community intervention program Youth justice system improvement program. The amounts in the schedule for the community intervention program youth justice system improvement program under s. 48.528.

SB45-SSA2-SA1,6 Section 6. 20.437 (1) (cx) of the statutes is amended to read:

SB45-SSA2-SA1,3,17 20.437 (1) (cx) Child welfare services; aids. The amounts in the schedule for providing services to children and families under s. 48.48 (17) in a county having a population of 750,000 or more, for the cost of subsidized guardianship payments under s. 48.623 (1) (1r) or (6), and, to the extent that a demonstration project authorized under 42 USC 1320a-9 reduces the cost of providing out-of-home care for children in that county, for services for children and families under s. 48.563 (4) in counties having a population of less than 750,000.

SB45-SSA2-SA1,7 Section 7. 20.437 (1) (dd) of the statutes is amended to read:

SB45-SSA2-SA1,4,14 20.437 (1) (dd) State out-of-home care, adoption services, and subsidized guardianships, and kinship care. The amounts in the schedule for foster care, institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, for the cost of care for children under s. 49.19 (10) (d), for the cost of placements of children 18 years of age or over in residential care centers for children and youth under voluntary agreements under s. 48.366 (3) or under orders that terminate as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., for the cost of the foster care monitoring system, for the cost of reimbursing counties county departments under s. 46.215, 46.22, or 46.23 for subsidized guardianship payments under s. 48.623 (3) (a), for the cost of specialized services to children with high acuity needs in congregate care facilities under s. 48.48 (8x), for the cost of services to children with special needs who are under the guardianship of the department to prepare those children for adoption, and for the cost of postadoption services to children with special needs, for kinship care payments under s. 48.57 (3m) made on behalf of a juvenile who meets the criteria specified in s. 938.12 or is at risk of meeting that criteria, for assessments to determine eligibility for those payments, and for kinship care payments made on behalf of a juvenile who meets the criteria specified in s. 938.12 or is at risk of meeting that criteria under an agreement with a governing body of an Indian tribe under s. 48.57 (3t) for the administration of the kinship care programs within the boundaries of that tribe.

SB45-SSA2-SA1,8 Section 8. 20.437 (1) (kp) of the statutes is created to read:

SB45-SSA2-SA1,4,19 20.437 (1) (kp) Youth aids funding for the youth justice system improvement program. All moneys transferred from the appropriation account under par. (cj), as provided under s. 48.526 (3) (e), for the youth justice system improvement program under s. 48.528.

SB45-SSA2-SA1,9 Section 9. 20.437 (1) (mx) of the statutes is amended to read:

SB45-SSA2-SA1,4,24 20.437 (1) (mx) Federal aid; Milwaukee child welfare services aids. All federal moneys received for providing services to children and families under s. 48.48 (17), to carry out the purposes for which received and for the cost of subsidized guardianship payments under s. 48.623 (1) (1r) or (6).

SB45-SSA2-SA1,10 Section 10. 20.437 (1) (pd) of the statutes is amended to read:

SB45-SSA2-SA1,5,23 20.437 (1) (pd) Federal aid; state out-of-home care, adoption services, and subsidized guardianships. All federal moneys received for meeting the costs of providing foster care, institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, the cost of care for children under s. 49.19 (10) (d), the cost of placements of children 18 years of age or over in residential care centers for children and youth under voluntary agreements under s. 48.366 (3) or under orders that terminate as provided in s. 48.355 (4) (b) 4., 48.357 (6) (a) 4., or 48.365 (5) (b) 4., the cost of reimbursing counties county departments under s. 46.215, 46.22, or 46.23 and Indian tribes for subsidized guardianship payments under s. 48.623 (3) (a), the cost of specialized services to children with high acuity needs in congregate care facilities under s. 48.48 (8x), the cost of services to children with special needs who are under the guardianship of the department to prepare those children for adoption, and the cost of postadoption services to children with special needs, and for kinship care payments under s. 48.57 (3m) made on behalf of a juvenile who meets the criteria specified in s. 938.12 or is at risk of meeting that criteria, for assessments to determine eligibility for those payments, and for kinship care payments made on behalf of a juvenile who meets the criteria specified in s. 938.12 or is at risk of meeting that criteria under an agreement with a governing body of an Indian tribe under s. 48.57 (3t) for the administration of the kinship care programs within the boundaries of that tribe. Disbursements for foster care under s. 49.32 (2) and for the purposes described under s. 48.627 may be made from this appropriation.

SB45-SSA2-SA1,11 Section 11. 20.437 (2) (bp) of the statutes is created to read:

SB45-SSA2-SA1,6,2 20.437 (2) (bp) Child care access program. The amounts in the schedule for the program under s. 49.1335.

SB45-SSA2-SA1,12 Section 12. 20.437 (2) (c) of the statutes is created to read:

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.