AB68: Bill Text

AB68,721,2 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $254 $300 per month beginning on January 1, 2020 2022, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB68,921 Section 921. 48.62 (4) of the statutes is amended to read:

AB68,721,21 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2020 2022, the rates are $254 $300 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $420 $431 for a child under 5 years of age; $460 $472 for a child 5 to 11 years of age; $522 $535 for a child 12 to 14 years of age; and $545 $559 for a child 15 years of age or over. Beginning on January 1, 2023, the rates for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care are $442 for a child under 5 years of age; $484 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $573 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

AB68,922 Section 922 . 48.63 (3) (b) 4. of the statutes is amended to read:

AB68,722,6 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB68,923 Section 923 . 48.63 (3) (b) 5. of the statutes is amended to read:

AB68,722,13 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB68,924 Section 924 . 48.66 (1) (b) of the statutes is amended to read:

AB68,722,21 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d), (4h), or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.

AB68,925 Section 925 . 48.66 (1) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,723,5 48.66 (1) (b) Except as provided in s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured residential care center for children and youth for holding in secure custody juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4d) or (4m) and referred to the child welfare agency by the court, the tribal court, the county department, or the department of corrections and to provide supervision, care, and maintenance for those juveniles.

AB68,926 Section 926 . 48.675 of the statutes is created to read:

AB68,723,14 48.675 Qualified residential treatment programs. (1) The department may certify a residential care center for children and youth, group home, or shelter care facility to operate a qualified residential treatment program if it determines that the program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department under this section. A residential care center for children and youth, group home, or shelter care facility certified under this section shall comply with all other requirements applicable to the residential care center for children and youth, group home, or shelter care facility.

AB68,723,17 (2) The department may promulgate rules for the establishment, certification, operation, and monitoring of, and the placement of a child in, a qualified residential treatment program under sub. (1).

AB68,927 Section 927. 48.685 (1) (bm) of the statutes is amended to read:

AB68,723,23 48.685 (1) (bm) “Nonclient resident" means a person, including a person who is under 18 years of age, but not under 10 12 years of age, who resides, or is expected to reside, at an entity or with a caregiver specified in par. (ag) 1. am., who is not a client of the entity or caregiver, and who has, or is expected to have, regular, direct contact with clients of the entity or caregiver.

AB68,928 Section 928. 48.686 (1) (bm) of the statutes is amended to read:

AB68,724,3 48.686 (1) (bm) “Household member" means a person who is age 10 12 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

AB68,929 Section 929. 48.715 (8) of the statutes is created to read:

AB68,724,7 48.715 (8) The department may deny, suspend, restrict, refuse to renew, or otherwise withhold a certification under s. 48.675 based on a failure to comply with certification requirements established by administrative rule under that section.

AB68,930 Section 930. 48.73 of the statutes is amended to read:

AB68,724,17 48.73 Inspection of licensees and school district child care programs. The department may visit and inspect each child welfare agency, foster home, group home, and child care center licensed by the department and each entity certified by the department under s. 48.675, and for that purpose shall be given unrestricted access to the premises described in the license or certification. The department may visit and inspect each child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided, and for that purpose shall be given unrestricted access to the premises used for the child care program.

AB68,931 Section 931 . 48.82 (1) (a) of the statutes is amended to read:

AB68,724,20 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB68,932 Section 932 . 48.837 (1r) (d) of the statutes is amended to read:

AB68,725,5 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB68,933 Section 933 . 48.837 (1r) (e) of the statutes is amended to read:

AB68,725,12 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB68,934 Section 934 . 48.837 (6) (b) of the statutes is amended to read:

AB68,726,2 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child , or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

AB68,935 Section 935 . 48.837 (6) (br) of the statutes is amended to read:

AB68,726,7 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

AB68,936 Section 936 . 48.913 (1) (a) of the statutes is amended to read:

AB68,726,10 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB68,937 Section 937 . 48.913 (1) (b) of the statutes is amended to read:

AB68,726,13 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB68,938 Section 938 . 48.913 (1) (h) of the statutes is amended to read:

AB68,726,17 48.913 (1) (h) Legal and other services received by a birth parent of the child, an alleged or presumed father parent of the child, or the child in connection with the adoption.

AB68,939 Section 939 . 48.913 (2) (intro.) of the statutes is amended to read:

AB68,726,25 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father parent of the child if the birth parent or the alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB68,940 Section 940. 48.913 (2) (b) of the statutes is amended to read:

AB68,727,4 48.913 (2) (b) The state in which the birth parent or the alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB68,941 Section 941 . 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB68,727,13 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

AB68,942 Section 942 . 48.913 (3) of the statutes is amended to read:

AB68,727,21 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father parent if documentation is provided showing that the birth parent or alleged or presumed father parent has made the previous payment.

AB68,943 Section 943 . 48.913 (4) of the statutes is amended to read:

AB68,728,2 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child except as provided in subs. (1) and (2).

AB68,944 Section 944 . 48.913 (7) of the statutes is amended to read:

AB68,728,18 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father parent of the child, or the child, on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

AB68,945 Section 945 . 48.9795 (1) (a) 1. c. of the statutes is amended to read:

AB68,728,23 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental interest under s. 48.025, who is alleged to the court to be the father a parent of the child, or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

AB68,946 Section 946 . 48.9795 (1) (b) of the statutes is amended to read:

AB68,729,5 48.9795 (1) (b) “Party" means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

AB68,947 Section 947. 48.981 (1) (b) of the statutes is amended to read:

AB68,729,21 48.981 (1) (b) “Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, community supervision under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

AB68,948 Section 948 . 49.11 (1c) of the statutes is amended to read:

AB68,730,2 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,949 Section 949 . 49.11 (1c) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,730,8 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4m) or (7g), or 938.357 (3) or (4).

AB68,950 Section 950. 49.133 of the statutes is created to read:

AB68,730,18 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 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). Of the amounts from the appropriation under s. 20.437 (2) (c), the department may award 10 percent to child care providers, child care centers, and child care programs located in child care deserts, as defined by the department.

AB68,730,21 (2) The department may promulgate rules to implement the program under this section, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

AB68,951 Section 951. 49.138 (title) of the statutes is amended to read:

AB68,730,24 49.138 (title) Emergency assistance for needy families with needy children.

AB68,952 Section 952. 49.138 (1d) (am) of the statutes is created to read:

AB68,731,1 49.138 (1d) (am) “Family” means one of the following:

AB68,731,3 1. An individual who has attained the age of 18 years but has not yet attained the age of 25 years.

AB68,731,6 2. One or more dependent children and a qualified caretaker relative, as defined by the department, with whom the child is living or was living at the time the emergency occurred.

AB68,953 Section 953. 49.138 (1m) (intro.) of the statutes is amended to read:

AB68,731,20 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amounts of aid to be granted. The department need not establish the maximum amounts by rule under ch. 227. The department shall publish the maximum amounts in the Wisconsin administrative register if the department does not establish the maximum amounts by rule. Emergency assistance provided to needy persons under this section may only be provided to a needy person once in a 12-month 6-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

AB68,954 Section 954. 49.138 (1m) (c) of the statutes is amended to read:

AB68,731,25 49.138 (1m) (c) A member of the family was a victim of domestic abuse, as defined in s. 968.075 (1) (a). Evidence specified under rules promulgated under s. 49.1473 (1) (a) as sufficient to establish that an individual is or has been a victim of domestic abuse is also sufficient for purposes of this paragraph.

AB68,955 Section 955. 49.138 (1m) (f) of the statutes is created to read:

AB68,732,5 49.138 (1m) (f) During a national emergency declared by the U.S. president under 50 USC 1621 or a state of emergency declared by the governor under s. 323.10, the family is delinquent on a rent payment, a mortgage payment, or a property tax payment.

AB68,956 Section 956. 49.1385 of the statutes, as affected by 2019 Wisconsin Act 9, is repealed.

AB68,957 Section 957 . 49.141 (1) (j) 1. of the statutes is amended to read:

AB68,732,9 49.141 (1) (j) 1. A biological natural parent.

AB68,958 Section 958 . 49.141 (1) (j) 2. of the statutes is repealed.

AB68,959 Section 959 . 49.148 (4) (a) of the statutes is amended to read:

AB68,733,2 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB68,960 Section 960 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB68,733,11 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, 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.

AB68,961 Section 961 . 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB68,733,20 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.

AB68,962 Section 962 . 49.155 (6) (e) of the statutes is repealed.

AB68,963 Section 963 . 49.163 (2) (am) 2. of the statutes is amended to read: