AB43: Bill Text

AB43,994 Section 994. 48.64 (1m) of the statutes is amended to read:

AB43,,2389 48.64 (1m) Out-of-home care agreements. If an agency places a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin under a court order or places a child in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home or facility. The agreement shall provide that the agency shall have access at all times to the child and the home or facility, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require release to the agency. If a child has been in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed from a foster home, group home, or home of a relative other than a parent or the home of like-kin before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 applies. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing, or medical treatment.

AB43,995 Section 995. 48.64 (2) of the statutes is amended to read:

AB43,,2391 48.64 (2) Supervision of out-of-home care placements. Every child who is placed in a foster home, group home, or shelter care facility approved under s. 938.22 (2) (c) shall be under the supervision of an agency. Every child who is placed in the home of a relative other than a parent or in the home of like-kin under a court order shall be under the supervision of an agency.

AB43,996 Section 996. 48.64 (4) (a) of the statutes is amended to read:

AB43,,2393 48.64 (4) (a) Except as provided in par. (d), any decision or order issued by an agency that affects the head of a foster home or group home, the head of the home of a relative other than a parent or the home of like-kin in which a child is placed, or the child involved may be appealed to the department under fair hearing procedures established under rules promulgated by the department. Upon receipt of an appeal, the department shall give the head of the home reasonable notice and an opportunity for a fair hearing. The department may make any additional investigation that the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this paragraph, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

AB43,997 Section 997. 48.64 (4) (c) of the statutes is amended to read:

AB43,,2395 48.64 (4) (c) Except as provided in par. (d), the circuit court for the county where the dispositional order placing a child in a foster home or group home or in the home of a relative other than a parent or in the home of like-kin was entered or the voluntary agreement under s. 48.63 placing a child in a foster home or group home was made has jurisdiction upon petition of any interested party over the child who is placed in the foster home, group home, or home of the relative or like-kin. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home or in the home of a relative other than a parent or in the home of like-kin, the foster parent or, relative, or like-kin may present relevant evidence at the hearing. The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB43,998 Section 998. 48.67 (4) (b) of the statutes is amended to read:

AB43,,2397 48.67 (4) (b) The training under par. (a) shall be available to a kinship care relative provider, as defined in s. 48.40 (1m), upon request of the kinship care relative provider.

AB43,999 Section 999. 48.685 (5) (a) of the statutes is amended to read:

AB43,,2399 48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or a child welfare agency may license to operate a foster home under s. 48.62, the department in a county having a population of 750,000 or more, an Indian tribe, or a county department may provide subsidized guardianship payments under s. 48.623 (6) to a person who otherwise may not be so licensed or provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be so employed, provided payments, or permitted to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, county department, or child welfare agency or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

AB43,1000 Section 1000. 48.82 (1) (a) of the statutes is amended to read:

AB43,,2401 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.

AB43,1001 Section 1001. 48.837 (1r) (d) of the statutes is amended to read:

AB43,,2403 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.

AB43,1002 Section 1002. 48.837 (1r) (e) of the statutes is amended to read:

AB43,,2405 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.

AB43,1003 Section 1003. 48.837 (6) (b) of the statutes is amended to read:

AB43,,2407 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).

AB43,1004 Section 1004. 48.837 (6) (br) of the statutes is amended to read:

AB43,,2409 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).

AB43,1005 Section 1005. 48.913 (1) (a) of the statutes is amended to read:

AB43,,2411 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB43,1006 Section 1006. 48.913 (1) (b) of the statutes is amended to read:

AB43,,2413 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB43,1007 Section 1007. 48.913 (1) (h) of the statutes is amended to read:

AB43,,2415 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.

AB43,1008 Section 1008. 48.913 (2) (intro.) of the statutes is amended to read:

AB43,,2417 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:

AB43,1009 Section 1009. 48.913 (2) (b) of the statutes is amended to read:

AB43,,2419 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.

AB43,1010 Section 1010. 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB43,,2421 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:

AB43,1011 Section 1011. 48.913 (3) of the statutes is amended to read:

AB43,,2423 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.

AB43,1012 Section 1012. 48.913 (4) of the statutes is amended to read:

AB43,,2425 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).

AB43,1013 Section 1013. 48.913 (7) of the statutes is amended to read:

AB43,,2427 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.

AB43,1014 Section 1014. 48.977 (3r) (a) of the statutes is amended to read:

AB43,,2429 48.977 (3r) (a) Guardian. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child’s permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court’s findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).

AB43,1015 Section 1015. 48.977 (3r) (b) of the statutes is amended to read:

AB43,,2431 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).

AB43,1016 Section 1016. 48.9795 (1) (a) 1. c. of the statutes is amended to read:

AB43,,2433 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.

AB43,1017 Section 1017. 48.9795 (1) (b) of the statutes is amended to read:

AB43,,2435 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.

AB43,1018 Section 1018. 49.132 of the statutes is created to read:

AB43,,2437 49.132 Child care partnership grant program. (1) In this section, “business” means any organization or enterprise operated for profit or a nonprofit corporation. “Business” does not include a governmental entity.

AB43,,2438 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

AB43,,2439 (3) A business awarded a grant under this section shall provide matching funds equal to 25 percent or more of the amount awarded.

AB43,,2440 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

AB43,1019 Section 1019. 49.133 of the statutes is created to read:

AB43,,2442 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).

AB43,,2443 (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.

AB43,1020 Section 1020. 49.1385 of the statutes is repealed.

AB43,1021 Section 1021. 49.141 (1) (j) 1. of the statutes is amended to read:

AB43,,2446 49.141 (1) (j) 1. A biological natural parent.

AB43,1022 Section 1022. 49.141 (1) (j) 2. of the statutes is repealed.

AB43,1023 Section 1023. 49.148 (4) (a) of the statutes is amended to read:

AB43,,2449 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.

AB43,1024 Section 1024. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

AB43,,2451 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative provider under s. 48.57 (3m) or with a long-term kinship care relative provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.623, a group home, or an independent living arrangement supervised by an adult.

AB43,1025 Section 1025. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB43,,2453 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.

AB43,1026 Section 1026. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB43,,2455 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.

AB43,1027 Section 1027. 49.155 (6) (e) 2. of the statutes is repealed.

AB43,1028 Section 1028. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB43,,2458 49.155 (6) (e) 3. (intro.) The department may modify a child care provider’s maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider’s quality rating, as described in the quality rating plan, in the following manner:

AB43,1029 Section 1029. 49.163 (2) (am) 2. of the statutes is amended to read:

AB43,,2460 49.163 (2) (am) 2. If over 25 years of age, be a biological natural or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

AB43,1030 Section 1030. 49.163 (2) (am) 4. of the statutes is repealed.

AB43,1031 Section 1031. 49.163 (2) (am) 5. of the statutes is amended to read:

AB43,,2463 49.163 (2) (am) 5. Be ineligible Have not filed for unemployment insurance benefits or have filed but is not eligible to receive unemployment insurance benefits.

AB43,1032 Section 1032. 49.1635 (1) of the statutes is repealed.

AB43,1033 Section 1033. 49.1635 (2) of the statutes is repealed.

AB43,1034 Section 1034. 49.1635 (3) of the statutes is repealed.

AB43,1035 Section 1035. 49.1635 (4) of the statutes is repealed.

AB43,1036 Section 1036. 49.1635 (5) (a) of the statutes is renumbered 49.1635 (1m) and amended to read:

AB43,,2469 49.1635 (1m) From the allocation under s. 49.175 (1) (j), the department shall make a grant of $500,000 $1,000,000 in each fiscal year to Wisconsin Trust Account Foundation, Inc., for distribution of annual awards of not more than $75,000 per year per program to programs that provide legal services to persons who are eligible under par. (b) 2. sub. (2m) (b) if all of the following apply:

AB43,,2470 (a) Wisconsin Trust Account Foundation, Inc., submits a plan to the department detailing the proposed use of the grant; the proposed use of the grant conforms to the requirements under par. (b) sub. (2m); and the secretary of the department, or his or her designee, approves the plan.

AB43,,2471 (b) Wisconsin Trust Account Foundation, Inc., enters into an agreement with the department that specifies the conditions for the use of the grant proceeds, and the conditions conform to the requirements under par. (b) sub. (2m) and include training, reporting, and auditing requirements.

AB43,,2472 (c) Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the department the reports required under par. (c) sub. (3m) by the times required under par. (c) sub. (3m).

AB43,1037 Section 1037. 49.1635 (5) (b) of the statutes is renumbered 49.1635 (2m), and 49.1635 (2m) (a), as renumbered, is amended to read:

AB43,,2474 49.1635 (2m) (a) Subject to subd. 3. par. (c), the grant may be used only to provide legal services in civil matters related to eviction, domestic abuse, or sexual abuse, or to restraining orders or injunctions for individuals at risk under s. 813.123.

AB43,1038 Section 1038. 49.1635 (5) (c) of the statutes is renumbered 49.1635 (3m) and amended to read:

AB43,,2476 49.1635 (3m) For each fiscal year in which the department makes a grant under this subsection section, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 3 months after spending the full amount of that grant, a report detailing how the grant proceeds were used. The department may not make a grant in a subsequent fiscal year unless Wisconsin Trust Account Foundation, Inc., submits the report under this paragraph subsection within the time required and the department determines that the grant proceeds were used in accordance with the approved plan under par. (a) 1. sub. (1m) (a), the agreement under par. (a) 2. sub. (1m) (b), and the requirements under par. (b) sub. (2m).