AB43: Bill Text

AB43,,2204 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2021 2023, $2,106,500 for 2022 2024, and $1,053,300 for the first 6 months of 2023 2025 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB43,909 Section 909. 48.526 (7) (e) of the statutes is repealed.

AB43,910 Section 910. 48.526 (7) (h) of the statutes is repealed.

AB43,911 Section 911. 48.526 (8) of the statutes is repealed.

AB43,912 Section 912. 48.5275 of the statutes is created to read:

AB43,,2209 48.5275 Seventeen-year-old juvenile justice aids. Notwithstanding s. 48.526, from the appropriation under s. 20.437 (1) (cL), beginning on January 1, 2024, the department shall reimburse counties for the costs under s. 48.526 (2) (c) associated with juveniles who were alleged to have violated a state or federal criminal law or any civil law or municipal ordinance at age 17.

AB43,913 Section 913. 48.528 of the statutes is repealed and recreated to read:

AB43,,2211 48.528 Youth justice system improvement program. From the appropriations under s. 20.437 (1) (cm) and (kp), in each fiscal year the department may expend funds for the following purposes:

AB43,,2212 (1) To fund programs that enhance diversion, prevention, or early intervention to reduce the number of justice-involved youth or promote successful outcomes for all youth. To determine eligibility for a payment under this subsection, the department shall require a county or other provider to submit a plan for the expenditure of the payment.

AB43,,2213 (2) To address emergencies related to community youth and family aids under s. 48.526.

AB43,,2214 (3) To fund activities required of the department under s. 48.526 (1).

AB43,914 Section 914. 48.53 of the statutes is created to read:

AB43,,2216 48.53 Grants to support foster parents and children. From the appropriation account under s. 20.437 (1) (bg), the department shall distribute grants to counties, nonprofit organizations, or tribes for the purpose of supporting foster parents and providing normalcy for children in out-of-home care.

AB43,915 Section 915. 48.545 of the statutes is repealed.

AB43,916 Section 916. 48.563 (2) of the statutes is amended to read:

AB43,,2219 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $101,154,200 in fiscal year 2021-22 and $101,162,800 $101,564,700 in fiscal year 2022-23 2023-24 and $101,961,600 in fiscal year 2024-25.

AB43,917 Section 917. 48.57 (3m) (a) 1. b. of the statutes is amended to read:

AB43,,2221 48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB43,918 Section 918. 48.57 (3m) (a) 2. of the statutes is amended to read:

AB43,,2223 48.57 (3m) (a) 2. “Kinship care relative provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.

AB43,919 Section 919. 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB43,,2225 48.57 (3m) (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 payments in the amount of $300 per month beginning on January 1, 2022, to a kinship care relative provider who is providing care and maintenance for a child if all of the following conditions are met:

****Note: This is reconciled s. 48.57 (3m) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/p4 and -0866/p4.

AB43,920 Section 920. 48.57 (3m) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act ... (this act), is amended to read:

AB43,,2227 48.57 (3m) (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), and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a kinship care provider who is providing care and maintenance for a child in the amount of $300 per month beginning on January 1, 2022, to a kinship care provider who is providing care and maintenance for a child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:

****Note: This is reconciled s. 48.57 (3m) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.

AB43,921 Section 921. 48.57 (3m) (am) 1. of the statutes is amended to read:

AB43,,2229 48.57 (3m) (am) 1. The kinship care relative provider applies to the county department or department for payments under this subsection and, if the child is placed in the home of the kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a foster home.

AB43,922 Section 922. 48.57 (3m) (am) 1m. of the statutes is amended to read:

AB43,,2231 48.57 (3m) (am) 1m. The county department or department determines that there is a need for the child to be placed with the kinship care relative provider and that the placement with the kinship care relative provider is in the best interests of the child.

AB43,923 Section 923. 48.57 (3m) (am) 4. of the statutes is amended to read:

AB43,,2233 48.57 (3m) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the kinship care relative provider, any employee and prospective employee of the kinship care relative provider who has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative’s provider’s home to determine if the kinship care relative provider, employee, prospective employee or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child.

AB43,924 Section 924. 48.57 (3m) (am) 4m. of the statutes is amended to read:

AB43,,2235 48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative provider states that he or she does not have any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child and that no adult resident, as defined in sub. (3p) (a), and no employee or prospective employee of the kinship care relative provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the kinship care relative’s provider’s ability to care for the child.

AB43,925 Section 925. 48.57 (3m) (am) 5. of the statutes is amended to read:

AB43,,2237 48.57 (3m) (am) 5. The kinship care relative provider cooperates with the county department or department in the application process, including applying for other forms of assistance for which the child may be eligible.

AB43,926 Section 926. 48.57 (3m) (am) 5m. of the statutes is amended to read:

AB43,,2239 48.57 (3m) (am) 5m. The kinship care relative provider is not receiving payments under sub. (3n) with respect to the child.

AB43,927 Section 927. 48.57 (3m) (am) 6. of the statutes is amended to read:

AB43,,2241 48.57 (3m) (am) 6. The child for whom the kinship care relative provider is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB43,928 Section 928. 48.57 (3m) (an) of the statutes is created to read:

AB43,,2243 48.57 (3m) (an) In addition to the monthly payments for kinship care under par. (am), the department or, with the department’s approval, the county department may make payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider who is receiving a monthly rate under par. (am), commensurate with the needs of the child, according to the rules promulgated by the department under par. (i) 3.

****Note: This is reconciled s. 48.57 (3m) (an). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.

AB43,929 Section 929. 48.57 (3m) (ap) 1. of the statutes is amended to read:

AB43,,2245 48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to a kinship care relative provider who is providing care and maintenance for a child who is placed in the home of the kinship care relative provider under a court order for no more than 60 days after the date on which the county department or department received under par. (am) 1. the completed application of the kinship care relative provider for a license to operate a foster home or, if the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure within those 60 days, until the date on which the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure.

AB43,930 Section 930. 48.57 (3m) (ap) 2. of the statutes is amended to read:

AB43,,2247 48.57 (3m) (ap) 2. If the application specified in subd. 1. is not approved or denied or the kinship care relative provider is not otherwise determined to be ineligible for licensure within 60 days after the date on which the county department or department received the completed application for any reason other than an act or omission of the kinship care relative provider, the county department or department may make payments under par. (am) for 4 months after the date on which the county department or department received the completed application or, if the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure within those 4 months, until the date on which the application is approved or denied or the kinship care relative provider is otherwise determined to be ineligible for licensure.

AB43,931 Section 931. 48.57 (3m) (ap) 3. of the statutes is amended to read:

AB43,,2249 48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care relative provider specified in subd. 1. is denied or the kinship care relative provider is otherwise determined to be ineligible for licensure, the county department or, in a county having a population of 750,000 or more, the department may make payments under par. (am) to the kinship care relative provider for as long as the conditions specified in par. (am) 1. to 6. continue to apply if the county department or department submits to the court information relating to the background investigation specified in par. (am) 4., an assessment of the safety of the kinship care relative’s provider’s home and the ability of the kinship care relative provider to care for the child, and a recommendation that the child remain in the home of the kinship care relative provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative’s provider’s home. If the court does not order the child to remain in the kinship care relative’s provider’s home, the court shall order the county department or department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement.

AB43,932 Section 932. 48.57 (3m) (ar) and (at) of the statutes are created to read:

AB43,,2251 48.57 (3m) (ar) In addition to the monthly payments for kinship care under par. (ap), the department or, with the department’s approval, the county department may make emergency payments for kinship care to a kinship care provider who is providing care and maintenance for a child residing in the home of the kinship care provider under a court order if any of the following conditions are met:

AB43,,2252 1. The governor has declared a state of emergency pursuant to s. 323.10, or the federal government has declared a major disaster under 42 USC 68, that covers the locality of the home of the kinship care provider.

AB43,,2253 2. This state has received federal funding to be used for child welfare purposes due to an emergency or disaster declared for the locality of the home of the kinship care provider.

AB43,,2254 3. The department has determined that conditions in this state or in the locality of the home of the kinship care provider have resulted in a temporary increase in the costs borne by kinship care providers. Those conditions may include any of the following:

AB43,,2255 a. A pandemic or other public health threat.

AB43,,2256 b. A natural disaster.

AB43,,2257 c. Unplanned school closures of 5 consecutive days or more.

AB43,,2258 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

****Note: This is reconciled s. 48.57 (3m) (ar) and (at). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.

AB43,933 Section 933. 48.57 (3m) (as) of the statutes is created to read:

AB43,,2260 48.57 (3m) (as) From the appropriation under s. 20.437 (1) (es), a county department and, in a county having a population of 750,000 or more, the department may provide flexible support, in the form of additional payments or services, to a kinship care provider who qualifies under rules promulgated by the department under par. (i) 3.

****Note: This is reconciled s. 48.57 (3m) (as). This Section has been affected by drafts with the following LRB numbers:-0878/P4 and -0879/P4. LRB-0878 changes the term “kinship care relative” to “kinship care provider.”

AB43,934 Section 934. 48.57 (3m) (b) 2. of the statutes is amended to read:

AB43,,2262 48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for or receives payments under this subsection, any right of the child or the child’s parent to support or maintenance from any other person accruing during the time that payments are made under this subsection is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB43,935 Section 935. 48.57 (3m) (cm) of the statutes is amended to read:

AB43,,2264 48.57 (3m) (cm) A kinship care relative provider who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.

AB43,936 Section 936. 48.57 (3m) (h) of the statutes is amended to read:

AB43,,2266 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative provider who continues to receive payments under par. (am) by reducing the amount of the kinship care relative’s provider’s monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB43,937 Section 937. 48.57 (3m) (i) 1. of the statutes is amended to read:

AB43,,2268 48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether a kinship care relative provider who is providing care and maintenance for a child is eligible to receive payments under par. (am). The rules shall also provide that any criteria established under the rules shall first apply to applications for payments under par. (am) received, and to reviews under par. (d) conducted, on the effective date of those rules.

AB43,938 Section 938. 48.57 (3m) (i) 3. of the statutes is created to read:

AB43,,2270 48.57 (3m) (i) 3. Rules governing the provision of flexible support under par. (as). Rules promulgated under this subdivision may specify qualifying costs and services and eligibility criteria.

AB43,939 Section 939. 48.57 (3m) (i) 4. of the statutes is created to read:

AB43,,2272 48.57 (3m) (i) 4. Rules governing the provision of payments for exceptional circumstances to enable siblings or a minor parent and minor children to reside together and for initial clothing allowances for a child residing in the home of a kinship care provider who is receiving a monthly rate under par. (am).

****Note: This is reconciled s. 48.57 (3m) (i) 3. This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.

AB43,940 Section 940. 48.57 (3m) (j) of the statutes is created to read:

AB43,,2274 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

AB43,941 Section 941. 48.57 (3n) (a) 1. b. of the statutes is amended to read:

AB43,,2276 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care relative provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

AB43,942 Section 942. 48.57 (3n) (a) 2. of the statutes is amended to read:

AB43,,2278 48.57 (3n) (a) 2. “Long-term kinship care relative provider” means a relative other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.

AB43,943 Section 943. 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB43,,2280 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 $300 per month beginning on January 1, 2022, to a long-term kinship care relative provider who is providing care and maintenance for that child if all of the following conditions are met:

****Note: This is reconciled s. 48.57 (3n) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/p4 and -0866/p4.

AB43,944 Section 944. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,2282 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) and if all of the following conditions are met, beginning on January 1, 2024, a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child in the amount of $300 per month beginning on January 1, 2022, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met $441 for a child under 5 years of age; $483 for a child 5 to 11 years of age; $548 for a child 12 to 14 years of age; and $572 for a child 15 years of age or over:

****Note: This is reconciled s. 48.57 (3n) (am) (intro.). This Section has been affected by drafts with the following LRB numbers: -0878/P4 and -0866/P4.

AB43,945 Section 945. 48.57 (3n) (am) 1. of the statutes is amended to read:

AB43,,2284 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the county department or department for payments under this subsection, provides proof that he or she has been appointed as the guardian of the child, and, if the child is placed in the home of the long-term kinship care relative provider under a court order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the county department or department for a license to operate a foster home.