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AB557,21,10
148.57 (3m) (b) 2. When any kinship care relative provider of a child applies for
2or receives payments under this subsection, any right of the child or the child's parent
3to support or maintenance from any other person accruing during the time that
4payments are made under this subsection is assigned to the state. If a child who is
5the beneficiary of a payment under this subsection is also the beneficiary of support
6under a judgment or order that includes support for one or more children who are not
7the beneficiaries of payments under this subsection, any support payment made
8under the judgment or order is assigned to the state in the amount that is the
9proportionate share of the child who is the beneficiary of the payment made under
10this subsection, except as otherwise ordered by the court on the motion of a party.
AB557,52 11Section 52 . 48.57 (3m) (cm) of the statutes is amended to read:
AB557,21,1412 48.57 (3m) (cm) A kinship care relative provider who receives a payment under
13par. (am) for providing care and maintenance for a child is not eligible to receive a
14payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
AB557,53 15Section 53 . 48.57 (3m) (h) of the statutes is amended to read:
AB557,21,2316 48.57 (3m) (h) A county department or, in a county having a population of
17750,000 or more, the department may recover an overpayment made under par. (am)
18from a kinship care relative provider who continues to receive payments under par.
19(am) by reducing the amount of the kinship care relative's provider's monthly
20payment. The department may by rule specify other methods for recovering
21overpayments made under par. (am). A county department that recovers an
22overpayment under this paragraph due to the efforts of its officers and employees
23may retain a portion of the amount recovered, as provided by the department by rule.
AB557,54 24Section 54 . 48.57 (3m) (i) 1. of the statutes is amended to read:
AB557,22,6
148.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether
2a kinship care relative provider who is providing care and maintenance for a child
3is eligible to receive payments under par. (am). The rules shall also provide that any
4criteria established under the rules shall first apply to applications for payments
5under par. (am) received, and to reviews under par. (d) conducted, on the effective
6date of those rules.
AB557,55 7Section 55 . 48.57 (3n) (a) 1. b. of the statutes is amended to read:
AB557,22,158 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
9student in good academic standing at a secondary school or its vocational or technical
10equivalent, an individualized education program under s. 115.787 is in effect for the
11person, and the person is placed in the home of the long-term kinship care relative
12provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365
13that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains
1418 years of age or under a voluntary transition-to-independent-living agreement
15under s. 48.366 (3) or 938.366 (3).
AB557,56 16Section 56 . 48.57 (3n) (a) 2. of the statutes is amended to read:
AB557,22,1917 48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative
18other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or
19like-kin
.
AB557,57 20Section 57 . 48.57 (3n) (am) (intro.) of the statutes, as affected by Wisconsin
21Act 19, is amended to read:
AB557,23,522 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
23(me), and (s), the department shall reimburse counties having populations of less
24than 750,000 for payments made under this subsection and shall make payments
25under this subsection in a county having a population of 750,000 or more. Subject

1to par. (ap), a county department and, in a county having a population of 750,000 or
2more, the department shall make monthly payments for each child per month in the
3amount of $375 beginning on January 1, 2024, to a long-term kinship care relative
4provider who is providing care and maintenance for that child if all of the following
5conditions are met:
AB557,58 6Section 58 . 48.57 (3n) (am) 1. of the statutes is amended to read:
AB557,23,127 48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
8county department or department for payments under this subsection, provides
9proof that he or she has been appointed as the guardian of the child, and, if the child
10is placed in the home of the long-term kinship care relative provider under a court
11order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
12county department or department for a license to operate a foster home.
AB557,59 13Section 59 . 48.57 (3n) (am) 2. of the statutes is amended to read:
AB557,23,1714 48.57 (3n) (am) 2. The county department or department inspects the
15long-term kinship care relative's provider's home, interviews the long-term kinship
16care relative provider and determines that long-term placement with the long-term
17kinship care relative provider is in the best interests of the child.
AB557,60 18Section 60 . 48.57 (3n) (am) 4. of the statutes is amended to read:
AB557,24,219 48.57 (3n) (am) 4. The county department or department conducts a
20background investigation under sub. (3p) of the long-term kinship care relative
21provider, the employees and prospective employees of the long-term kinship care
22relative provider who have or would have regular contact with the child for whom the
23payments would be made and any other adult resident, as defined in sub. (3p) (a),
24of the long-term kinship care relative's provider's home to determine if the
25long-term kinship care relative provider, employee, prospective employee or adult

1resident has any arrests or convictions that are likely to adversely affect the child or
2the long-term kinship care relative's provider's ability to care for the child.
AB557,61 3Section 61 . 48.57 (3n) (am) 4m. of the statutes is amended to read:
AB557,24,124 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
5kinship care relative provider states that he or she does not have any arrests or
6convictions that could adversely affect the child or the long-term kinship care
7relative's provider's ability to care for the child and that, to the best of the long-term
8kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
9(a), and no employee or prospective employee of the long-term kinship care relative
10provider who would have regular contact with the child has any arrests or
11convictions that could adversely affect the child or the long-term kinship care
12relative's provider's ability to care for the child.
AB557,62 13Section 62 . 48.57 (3n) (am) 5. of the statutes is amended to read:
AB557,24,1614 48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
15with the county department or department in the application process, including
16applying for other forms of assistance for which the child may be eligible.
AB557,63 17Section 63 . 48.57 (3n) (am) 5m. of the statutes is amended to read:
AB557,24,1918 48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
19receiving payments under sub. (3m) with respect to the child.
AB557,64 20Section 64 . 48.57 (3n) (am) 5r. of the statutes is amended to read:
AB557,24,2321 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
22provider is providing care and maintenance is not receiving supplemental security
23income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
AB557,65 24Section 65 . 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
AB557,25,6
148.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
2county department or department enter into a written agreement under which the
3long-term kinship care relative provider agrees to provide care and maintenance for
4the child and the county department or department agrees, subject to sub. (3p) (hm),
5to make monthly payments to the long-term kinship care relative provider at the
6rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
AB557,66 7Section 66 . 48.57 (3n) (am) 6. c. of the statutes is amended to read:
AB557,25,108 48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
9kinship care relative's provider's home under a court order or under a voluntary
10agreement under s. 48.63 (1) (a) or (b) or (5) (b).
AB557,67 11Section 67 . 48.57 (3n) (am) 6. d. of the statutes is amended to read:
AB557,25,1312 48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
13long-term kinship care relative provider.
AB557,68 14Section 68 . 48.57 (3n) (am) 6. e. of the statutes is amended to read:
AB557,25,1615 48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
16provider's
guardianship under s. 48.977 terminates.
AB557,69 17Section 69 . 48.57 (3n) (ap) 1. of the statutes is amended to read:
AB557,26,318 48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
19county having a population of 750,000 or more, the department may make payments
20under par. (am) to a long-term kinship care relative provider who is providing care
21and maintenance for a child who is placed in the home of the long-term kinship care
22relative provider for no more than 60 days after the date on which the county
23department or department received under par. (am) 1. the completed application of
24the long-term kinship care relative provider for a license to operate a foster home or,
25if the application is approved or denied or the long-term kinship care relative

1provider is otherwise determined to be ineligible for licensure within those 60 days,
2until the date on which the application is approved or denied or the long-term
3kinship care relative provider is otherwise determined to be ineligible for licensure.
AB557,70 4Section 70 . 48.57 (3n) (ap) 2. of the statutes is amended to read:
AB557,26,165 48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
6denied or the long-term kinship care relative provider is not otherwise determined
7to be ineligible for licensure within 60 days after the date on which the county
8department or department received the completed application for any reason other
9than an act or omission of the long-term kinship care relative provider, the county
10department or department may make payments under par. (am) for 4 months after
11the date on which the county department or department received the completed
12application or, if the application is approved or denied or the long-term kinship care
13relative provider is otherwise determined to be ineligible for licensure within those
144 months, until the date on which the application is approved or denied or the
15long-term kinship care relative provider is otherwise determined to be ineligible for
16licensure.
AB557,71 17Section 71 . 48.57 (3n) (ap) 3. of the statutes is amended to read:
AB557,27,1218 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
19care relative provider specified in subd. 1. is denied or the long-term kinship care
20relative provider is otherwise determined to be ineligible for licensure, the county
21department or, in a county having a population of 750,000 or more, the department
22may make payments under par. (am) to the long-term kinship care relative provider
23until an event specified in par. (am) 6. a. to f. occurs if the county department or
24department submits to the court information relating to the background
25investigation specified in par. (am) 4., an assessment of the safety of the long-term

1kinship care relative's provider's home and the ability of the long-term kinship care
2relative provider to care for the child, and a recommendation that the child remain
3in the home of the long-term kinship care relative provider and the court, after
4considering that information, assessment, and recommendation, orders the child to
5remain in the long-term kinship care relative's provider's home. If the court does not
6order the child to remain in the kinship care relative's provider's home, the court
7shall order the county department or department to request a change in placement
8under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
9guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
10938.357 (2m) (a) may also request a change in placement and any person who is
11authorized to file a petition for the appointment of a guardian for the child may also
12request a termination of the guardianship order.
AB557,72 13Section 72 . 48.57 (3n) (b) 2. of the statutes is amended to read:
AB557,27,2314 48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
15applies for or receives payments under this subsection, any right of the child or the
16child's parent to support or maintenance from any other person accruing during the
17time that payments are made under this subsection is assigned to the state. If a child
18is the beneficiary of support under a judgment or order that includes support for one
19or more children who are not the beneficiaries of payments under this subsection,
20any support payment made under the judgment or order is assigned to the state in
21the amount that is the proportionate share of the child who is the beneficiary of the
22payment made under this subsection, except as otherwise ordered by the court on the
23motion of a party.
AB557,73 24Section 73 . 48.57 (3n) (cm) of the statutes is amended to read:
AB557,28,3
148.57 (3n) (cm) A long-term kinship care relative provider who receives a
2payment under par. (am) for providing care and maintenance for a child is not eligible
3to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
AB557,74 4Section 74 . 48.57 (3n) (h) of the statutes is amended to read:
AB557,28,125 48.57 (3n) (h) A county department or, in a county having a population of
6750,000 or more, the department may recover an overpayment made under par. (am)
7from a long-term kinship care relative provider who continues to receive payments
8under par. (am) by reducing the amount of the long-term kinship care relative's
9provider's monthly payment. The department may by rule specify other methods for
10recovering overpayments made under par. (am). A county department that recovers
11an overpayment under this paragraph due to the efforts of its officers and employees
12may retain a portion of the amount recovered, as provided by the department by rule.
AB557,75 13Section 75 . 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
AB557,28,2314 48.57 (3p) (h) 3. (intro.) The director of the county department, the person
15designated by the governing body of an Indian tribe or, in a county having a
16population of 750,000 or more, the person designated by the secretary shall review
17the denial of payments or the prohibition on employment or being an adult resident
18to determine if the conviction record on which the denial or prohibition is based
19includes any arrests, convictions, or penalties that are likely to adversely affect the
20child or the ability of the kinship care relative provider to care for the child. In
21reviewing the denial or prohibition, the director of the county department, the person
22designated by the governing body of the Indian tribe or the person designated by the
23secretary shall consider all of the following factors:
AB557,76 24Section 76 . 48.57 (3p) (h) 3. b. of the statutes is amended to read:
AB557,29,2
148.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
2or penalty affects the ability of the kinship care relative provider to care for the child.
AB557,77 3Section 77 . 48.57 (3p) (h) 4. of the statutes is amended to read:
AB557,29,154 48.57 (3p) (h) 4. If the director of the county department, the person designated
5by the governing body of the Indian tribe or, in a county having a population of
6750,000 or more, the person designated by the secretary determines that the
7conviction record on which the denial of payments or the prohibition on employment
8or being an adult resident is based does not include any arrests, convictions, or
9penalties that are likely to adversely affect the child or the ability of the kinship care
10relative provider to care for the child, the director of the county department, the
11person designated by the governing body of the Indian tribe, or the person designated
12by the secretary may approve the making of payments under sub. (3m) or may permit
13a person receiving payments under sub. (3m) to employ a person in a position in
14which that person would have regular contact with the child for whom payments are
15being made or permit a person to be an adult resident.
AB557,78 16Section 78 . 48.60 (2) (a) of the statutes is amended to read:
AB557,29,1917 48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and
18custody of a child under s. 48.979 who provides care and maintenance for such
19children.
AB557,79 20Section 79 . 48.62 (2) of the statutes is amended to read:
AB557,30,1021 48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care
22and custody of a child under s. 48.979 who provides care and maintenance for the
23child is not required to obtain the license specified in this section. The department,
24county department, or licensed child welfare agency as provided in s. 48.75 may issue
25a license to operate a foster home to a relative or like-kin who has no duty of support

1under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
2child who is either placed by court order or who is the subject of a voluntary
3placement agreement under s. 48.63. The department, a county department, or a
4licensed child welfare agency may, at the request of a guardian appointed under s.
548.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
6guardian's home as a foster home for the guardian's minor ward who is living in the
7home and who is placed in the home by court order. Relatives and like-kin with no
8duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
92017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
10subject to the department's licensing rules.
AB557,80 11Section 80 . 48.64 (1) of the statutes is amended to read:
AB557,30,1612 48.64 (1) Definition. In this section, “agency" means the department, the
13department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
14a licensed child welfare agency authorized to place children in foster homes, group
15homes, or shelter care facilities approved under s. 938.22 (2) (c) or, in the homes of
16relatives other than a parent, or in the homes of like-kin.
AB557,81 17Section 81 . 48.64 (1m) of the statutes is amended to read:
AB557,31,1418 48.64 (1m) Out-of-home care agreements. If an agency places a child in a
19foster home or group home or in the home of a relative other than a parent or in the
20home of like-kin
under a court order or places a child in a foster home, group home,
21or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
22under s. 48.63, the agency shall enter into a written agreement with the head of the
23home or facility. The agreement shall provide that the agency shall have access at
24all times to the child and the home or facility, and that the child will be released to
25the agency whenever, in the opinion of the agency placing the child or the

1department, the best interests of the child require release to the agency. If a child
2has been in a foster home or group home or in the home of a relative other than a
3parent or in the home of like-kin for 6 months or more, the agency shall give the head
4of the home written notice of intent to remove the child, stating the reasons for the
5removal. The child may not be removed from a foster home, group home, or home of
6a relative other than a parent or the home of like-kin before completion of the
7hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
8whichever is later, unless the safety of the child requires it or, in a case in which the
9reason for removal is to place the child for adoption under s. 48.833, unless all of the
10persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
11waivers of objection to the proposed removal. If the safety of the child requires earlier
12removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
13the head of the home shall have no claim against the placing agency for the expense
14of care, clothing, or medical treatment.
AB557,82 15Section 82 . 48.64 (2) of the statutes is amended to read:
AB557,31,2016 48.64 (2) Supervision of out-of-home care placements. Every child who is
17placed in a foster home, group home, or shelter care facility approved under s. 938.22
18(2) (c) shall be under the supervision of an agency. Every child who is placed in the
19home of a relative other than a parent or in the home of like-kin under a court order
20shall be under the supervision of an agency.
AB557,83 21Section 83 . 48.64 (4) (a) of the statutes is amended to read:
AB557,33,422 48.64 (4) (a) Except as provided in par. (d), any decision or order issued by an
23agency that affects the head of a foster home or group home, the head of the home
24of a relative other than a parent or the home of like-kin in which a child is placed,
25or the child involved may be appealed to the department under fair hearing

1procedures established under rules promulgated by the department. Upon receipt
2of an appeal, the department shall give the head of the home reasonable notice and
3an opportunity for a fair hearing. The department may make any additional
4investigation that the department considers necessary. The department shall give
5notice of the hearing to the head of the home and to the departmental subunit, county
6department, or child welfare agency that issued the decision or order. Each person
7receiving notice is entitled to be represented at the hearing. At all hearings
8conducted under this paragraph, the head of the home, or a representative of the
9head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
10(a), to examine all documents and records to be used at the hearing at a reasonable
11time before the date of the hearing as well as during the hearing, to bring witnesses,
12to establish all pertinent facts and circumstances, and to question or refute any
13testimony or evidence, including an opportunity to confront and cross-examine
14adverse witnesses. The department shall grant a continuance for a reasonable
15period of time when an issue is raised for the first time during a hearing. This
16requirement may be waived with the consent of the parties. The decision of the
17department shall be based exclusively on evidence introduced at the hearing. A
18transcript of testimony and exhibits, or an official report containing the substance
19of what transpired at the hearing, together with all papers and requests filed in the
20proceeding, and the findings of the hearing examiner shall constitute the exclusive
21record for decision by the department. The department shall make the record
22available at any reasonable time and at an accessible place to the head of the home
23or his or her representative. Decisions by the department shall specify the reasons
24for the decision and identify the supporting evidence. No person participating in an
25agency action being appealed may participate in the final administrative decision on

1that action. The department shall render its decision as soon as possible after the
2hearing and shall send a certified copy of its decision to the head of the home and to
3the departmental subunit, county department, or child welfare agency that issued
4the decision or order. The decision shall be binding on all parties concerned.
AB557,84 5Section 84 . 48.64 (4) (c) of the statutes is amended to read:
AB557,33,196 48.64 (4) (c) Except as provided in par. (d), the circuit court for the county where
7the dispositional order placing a child in a foster home or group home or in the home
8of a relative other than a parent or in the home of like-kin was entered or the
9voluntary agreement under s. 48.63 placing a child in a foster home or group home
10was made has jurisdiction upon petition of any interested party over the child who
11is placed in the foster home, group home, or home of the relative or like-kin. The
12circuit court may call a hearing, at which the head of the home and the supervising
13agency under sub. (2) shall be present, for the purpose of reviewing any decision or
14order of that agency involving the placement and care of the child. If the child has
15been placed in a foster home or in the home of a relative other than a parent or in the
16home of like-kin
, the foster parent or, relative, or like-kin may present relevant
17evidence at the hearing. The petitioner has the burden of proving by clear and
18convincing evidence that the decision or order issued by the agency is not in the best
19interests of the child.
AB557,85 20Section 85 . 48.67 (4) (b) of the statutes is amended to read:
AB557,33,2321 48.67 (4) (b) The training under par. (a) shall be available to a kinship care
22relative provider, as defined in s. 48.40 (1m), upon request of the kinship care relative
23provider.
AB557,86 24Section 86 . 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
AB557,34,6
149.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
2and the individual resides with his or her custodial parent or with a kinship care
3relative provider under s. 48.57 (3m) or with a long-term kinship care relative
4provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized
5guardianship home under s. 48.623, a group home, or an independent living
6arrangement supervised by an adult.
AB557,87 7Section 87. 118.175 (1) of the statutes is amended to read:
AB557,34,108 118.175 (1) This section does not apply to a pupil who has a legal custodian, as
9defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative
10provider, as defined in s. 48.57 (3m) (a) 2.
AB557,88 11Section 88. 767.57 (1m) (cm) of the statutes is amended to read:
AB557,34,1612 767.57 (1m) (cm) A kinship care relative provider or a long-term kinship care
13relative provider of the child who is entitled to the support money has applied for or
14is receiving kinship care payments or long-term kinship care payments for that child
15and there is an assignment to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the
16child's right to the support money.
AB557,89 17Section 89. 767.57 (2) of the statutes is amended to read:
AB557,35,1218 767.57 (2) Procedure if recipient on public assistance. If a party entitled to
19maintenance or support, or both, is receiving public assistance under ch. 49, the
20party may assign the party's right to support or maintenance to the county
21department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment
22shall be approved by order of the court granting the maintenance or support. The
23assignment may not be terminated if there is a delinquency in the amount to be paid
24to the assignee of maintenance and support previously ordered without the written
25consent of the assignee or upon notice to the assignee and a hearing. When an

1assignment of maintenance or support, or both, has been approved by the order, the
2assignee shall be deemed a real party in interest within s. 803.01 solely for the
3purpose of securing payment of unpaid maintenance or support ordered to be paid,
4by participating in proceedings to secure the payment of unpaid amounts.
5Notwithstanding assignment under this subsection, and without further order of the
6court, the department or its designee, upon receiving notice that a party or a minor
7child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49
8or that a kinship care relative provider or long-term kinship care relative provider
9of the minor child is receiving kinship care payments or long-term kinship care
10payments for the minor child, shall forward all support assigned under s. 48.57 (3m)
11(b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s.
1248.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).
AB557,90 13Section 90 . 938.02 (12c) of the statutes is created to read:
AB557,35,1814 938.02 (12c) “Like-kin” means an individual who has a significant emotional
15relationship with a child or the child's family that is similar to a familial relationship
16and who is not and has not previously been the child's licensed foster parent. For an
17Indian child, “like-kin” includes individuals identified by the child's tribe according
18to tribal tradition, custom or resolution, code, or law.
AB557,91 19Section 91 . 938.02 (15) of the statutes is amended to read:
AB557,36,620 938.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
21stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
22cousin, first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
23or any person of a preceding generation as denoted by the prefix of grand, great, or
24great-great, whether by blood, marriage, or legal adoption, or the spouse of any
25person named in this subsection, even if the marriage is terminated by death or

1divorce. For purposes of the application of s. 938.028 and the federal Indian Child
2Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member,
3as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
4adoption under tribal law or custom. For purposes of placement of a juvenile,
5“relative" also includes a parent of a sibling of the juvenile who has legal custody of
6that sibling.
AB557,92 7Section 92 . 938.028 (2) (c) of the statutes is amended to read:
AB557,36,158 938.028 (2) (c) “Out-of-home care placement" means the removal of an Indian
9juvenile from the home of his or her parent or Indian custodian for temporary
10placement in a foster home, group home, residential care center for children and
11youth, or shelter care facility, in the home of a relative other than a parent, in the
12home of like-kin,
or in the home of a guardian, from which placement the parent or
13Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
14care placement" does not include an emergency change in placement under s.
15938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
AB557,93 16Section 93 . 938.207 (1) (b) of the statutes is amended to read:
AB557,36,2417 938.207 (1) (b) The home of a relative or like-kin, except that a juvenile may
18not be held in the home of a relative if the relative person who has been convicted
19under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
202nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
21not been reversed, set aside or vacated, unless the person making the custody
22decision determines by clear and convincing evidence that the placement would be
23in the best interests of the juvenile. The person making the custody decision shall
24consider the wishes of the juvenile in making that determination.
AB557,94 25Section 94 . 938.207 (1) (f) of the statutes is amended to read:
AB557,37,4
1938.207 (1) (f) The home of a person not a relative or like-kin if the person has
2not had a license under s. 48.62 refused, revoked, or suspended within the previous
32 years. A placement under this paragraph may not exceed 30 days, unless the
4placement is extended by the court for cause for an additional 30 days.
AB557,95 5Section 95 . 938.33 (4) (intro.) of the statutes is amended to read:
AB557,37,136 938.33 (4) Other out-of-home placements. (intro.) A report recommending
7placement in a foster home, group home, or nonsecured residential care center for
8children and youth, in the home of a relative other than a parent, in the home of
9like-kin,
in the home of a guardian under s. 48.977 (2), or in a supervised
10independent living arrangement shall be in writing, except that the report may be
11presented orally at the dispositional hearing if all parties consent. A report that is
12presented orally shall be transcribed and made a part of the court record. The report
13shall include all of the following:
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