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2021 - 2022 LEGISLATURE
August 24, 2021 - Introduced by Representatives Loudenbeck, Rozar, Armstrong,
Billings, Born, Dittrich, Doyle, Gundrum, Kitchens, Knodl, Kurtz,
Milroy, Moses, L. Myers, Novak, Pronschinske, J. Rodriguez, Schraa,
Snyder, Spiros, Subeck, Tauchen, Tittl, Tusler and Penterman,
cosponsored by Senators Bernier, Ballweg, Cowles, Darling, Felzkowski,
Kooyenga, Marklein and Roth. Referred to Committee on Children and
Families.
AB503,1,4 1An Act to amend 20.437 (1) (kz), 48.48 (8p), 48.569 (1) (d), 48.623 (1) (intro.),
248.623 (2) (c), 48.623 (3) (a), 48.623 (3) (d), 48.623 (6) (am) (intro.) and 48.623
3(6) (bm) (intro.); and to create 48.623 (3) (e) and 48.623 (7) (f) of the statutes;
4relating to: subsidized guardianship payments.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Children and Families alone to provide
subsidized guardianship payments.
Under current law, a county department of human services or social services
(county department) or, in a county having a population of 750,000 or more, the
Department of Children and Families must provide monthly subsidized
guardianship payments to the guardian of a child who has been adjudged to be in
need of protection or services if certain conditions have been met, including the
conditions that: 1) the child, if 14 years of age or over, has been consulted with
regarding the guardianship arrangement; 2) the guardian has a strong commitment
to caring for the child permanently; 3) the guardian is licensed as the child's foster
parent, which licensing includes an inspection of the guardian's home under rules
promulgated by DCF; 4) the guardian and all adult residents of the guardian's home
have passed a criminal background investigation; and 5) prior to being named as
guardian of the child, the guardian entered into a subsidized guardianship
agreement with the county department or DCF. Current law also requires a county
department or DCF to provide monthly subsidized guardianship payments to an

interim caretaker or successor guardian upon the death or incapacity of the
guardian.
Under the bill, county departments and DCF in a county having a population
of 750,000 or more enter into subsidized guardianship agreements with guardians,
but only DCF provides the payments. The bill requires a county department to notify
DCF when it enters into or amends such an agreement or when an interim caretaker
is appointed. The bill requires DCF to promulgate rules governing the method by
which county departments must provide that notification, and to consult with
counties in determining that method.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB503,1 1Section 1. 20.437 (1) (kz) of the statutes is amended to read:
AB503,2,112 20.437 (1) (kz) Interagency and intra-agency aids; tribal placements and
3guardianships.
The amounts in the schedule to be used for unexpected or unusually
4high-cost out-of-home care placements of Indian children by tribal courts, including
5placements of Indian juveniles who have been adjudicated delinquent , and for
6subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of
7Indian children ordered by tribal courts
. All moneys transferred from the
8appropriation account under s. 20.505 (8) (hm) 21. shall be credited to this
9appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered
10balance on June 30 of each year shall revert to the appropriation account under s.
1120.505 (8) (hm).
AB503,2 12Section 2. 48.48 (8p) of the statutes is amended to read:
AB503,3,513 48.48 (8p) To reimburse tribes and county departments, from the
14appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost
15out-of-home care placements of Indian children by tribal courts, other than
16placements to which s. 938.485 (4) applies, and for subsidized guardianship

1payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by
2tribal courts
. In this subsection, “unusually high-cost out-of-home care
3placements" means the amount by which the cost to a tribe or to a county department
4of out-of-home care placements of Indian children by tribal courts, other than
5placements to which s. 938.485 (4) applies, exceeds $50,000 in a fiscal year.
AB503,3 6Section 3. 48.569 (1) (d) of the statutes is amended to read:
AB503,3,197 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (cx), (km), and
8(o), the department shall distribute the funding for children and family services,
9including funding for foster care or subsidized guardianship care of a child on whose
10behalf aid is received under s. 48.645 to county departments as provided under s.
1148.563. County matching funds are required for the distribution under s. 48.563 (2).
12Each county's required match for the distribution under s. 48.563 (2) shall be
13specified in a schedule established annually by the department. Matching funds
14may be from county tax levies, federal and state revenue sharing funds, or private
15donations to the county that meet the requirements specified in sub. (1m). If the
16county match is less than the amount required to generate the full amount of state
17and federal funds distributed for this period, the decrease in the amount of state and
18federal funds equals the difference between the required and the actual amount of
19county matching funds.
AB503,4 20Section 4. 48.623 (1) (intro.) of the statutes is amended to read:
AB503,4,921 48.623 (1) Eligibility. (intro.) A county department or, as provided in sub. (3)
22(a), the
The department shall provide monthly subsidized guardianship payments
23in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or
24under a substantially similar tribal law if the county department or department
25determines that the conditions specified in pars. (a) to (d) have been met. A county

1department or, as provided in sub. (3) (a), the
The department shall also provide
2those payments for the care of a sibling of such a child, regardless of whether the
3sibling meets the conditions specified in par. (a), if the county department or
4department and the guardian agree on the appropriateness of placing the sibling in
5the home of the guardian. A guardian of a child under s. 48.977 (2) or under a
6substantially similar tribal law is eligible for monthly subsidized guardianship
7payments under this subsection if the county department or the department,
8whichever will be providing those payments,
determines that all of the following
9apply:
AB503,5 10Section 5. 48.623 (2) (c) of the statutes is amended to read:
AB503,4,1311 48.623 (2) (c) That the county department or department will pay the total cost
12of the nonrecurring expenses that are associated with obtaining guardianship of the
13child, not to exceed $2,000.
AB503,6 14Section 6. 48.623 (3) (a) of the statutes is amended to read:
AB503,4,2115 48.623 (3) (a) Except as provided in this paragraph, the county department
16shall provide the monthly payments under sub. (1) or (6). The county department
17shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1)
18(d). In a county having a population of 750,000 or more or in the circumstances
19specified in s. 48.43 (7) (a) or 48.485 (1), the
The department shall provide the
20monthly payments under sub. (1) or (6). The department shall provide those
21payments from the appropriations under s. 20.437 (1) (cx) and (mx).
AB503,7 22Section 7. 48.623 (3) (d) of the statutes is amended to read:
AB503,5,423 48.623 (3) (d) The department or a county department may recover an
24overpayment made under sub. (1) or (6) from a guardian or interim caretaker who
25continues to receive those payments by reducing the amount of the person's monthly

1payment. The department may by rule specify other methods for recovering those
2overpayments. A county department that recovers an overpayment under this
3paragraph due to the efforts of its officers and employees may retain a portion of the
4amount recovered, as provided by the department by rule.
AB503,8 5Section 8. 48.623 (3) (e) of the statutes is created to read:
AB503,5,96 48.623 (3) (e) A county department shall, pursuant to rules promulgated under
7sub. (7) (f), notify the department when it enters into or amends a subsidized
8guardianship agreement under this section and when an interim caretaker is
9appointed under sub. (6) (am).
AB503,9 10Section 9. 48.623 (6) (am) (intro.) of the statutes is amended to read:
AB503,5,1511 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a
12guardian receiving payments under sub. (1), the county department or the
13department providing those payments shall provide monthly subsidized
14guardianship payments in the amount specified in sub. (3) (b) for a period of up to
1512 months to an interim caretaker if all of the following conditions are met:
AB503,10 16Section 10. 48.623 (6) (bm) (intro.) of the statutes is amended to read:
AB503,5,2517 48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving
18payments under sub. (1), the county department or the department providing those
19payments
shall provide monthly subsidized guardianship payments in the amount
20specified in sub. (3) (b) to a person named as a prospective successor guardian of the
21child in a subsidized guardianship agreement or amended subsidized guardianship
22agreement that was entered into before the death or incapacity of the guardian if all
23of the following conditions are met and the court appoints the person as successor
24guardian to assume the duty and authority of guardianship as provided in s. 48.977
25(5m):
AB503,11
1Section 11. 48.623 (7) (f) of the statutes is created to read:
AB503,6,72 48.623 (7) (f) Rules governing the method by which a county department must
3notify the department under sub. (3) (e) when it enters into or amends a subsidized
4guardianship agreement or when an interim caretaker is appointed. The
5department shall consult with counties in promulgating rules under this paragraph
6and shall endeavor to establish a method that is agreeable to the department and to
7counties.
AB503,12 8Section 12. Effective date.
AB503,6,99 (1) This act takes effect on the first January 1 following publication.
AB503,6,1010 (End)
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