AB50: Bill Text

AB50,841 Section 841. 48.57 (3m) (ar) and (at) of the statutes are created to read:

AB50,480,2 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 kinship care providers who are providing care and maintenance for children residing in the home of kinship care providers under a court order if any of the following conditions are met:

AB50,480,5 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.

AB50,480,8 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.

AB50,480,12 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:

AB50,480,13 a. A pandemic or other public health threat.

AB50,480,14 b. A natural disaster.

AB50,480,15 c. Unplanned school closures of 5 consecutive days or more.

AB50,480,17 (at) The department shall determine the amount of emergency payments under par. (ar) based on available funding.

AB50,842 Section 842. 48.57 (3m) (b) 1. of the statutes is amended to read:

AB50,480,24 48.57 (3m) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB50,843 Section 843. 48.57 (3m) (c) of the statutes is amended to read:

AB50,481,6 48.57 (3m) (c) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB50,844 Section 844. 48.57 (3m) (cm) of the statutes is amended to read:

AB50,481,10 48.57 (3m) (cm) A kinship care 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) (1r) or (6) for that child.

AB50,845 Section 845. 48.57 (3m) (d) of the statutes is amended to read:

AB50,481,19 48.57 (3m) (d) A county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall review a placement of a child for which the county department or department makes payments under par. (am) not less than every 12 months after the county department or department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department or department shall discontinue making those payments.

AB50,846 Section 846. 48.57 (3m) (g) 2. (intro.) of the statutes is amended to read:

AB50,482,6 48.57 (3m) (g) 2. (intro.) If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the kinship care program in that county or the county department that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB50,847 Section 847. 48.57 (3m) (h) of the statutes is amended to read:

AB50,482,16 48.57 (3m) (h) A county department or, in a county having a population of 750,000 or more, the department or a county department may recover an overpayment made under par. (am) from a kinship care provider who continues to receive payments under par. (am) by reducing the amount of the kinship care 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.

AB50,848 Section 848. 48.57 (3m) (i) 3. of the statutes is created to read:

AB50,482,21 48.57 (3m) (i) 3. 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).

AB50,849 Section 849. 48.57 (3m) (j) of the statutes is created to read:

AB50,482,24 48.57 (3m) (j) The department may promulgate rules governing the provision of emergency payments under par. (ar).

AB50,850 Section 850. 48.57 (3n) (a) 1m. of the statutes is created to read:

AB50,483,3 48.57 (3n) (a) 1m. “County department” means a county department under s. 46.215, 46.22, or 46.23.

AB50,851 Section 851. 48.57 (3n) (am) (intro.) of the statutes, as affected by 2023 Wisconsin Act 119, is amended to read:

AB50,483,21 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. In a county having a population of 750,000 or more, the department shall make payments under this subsection or shall reimburse a county department for payments made under this subsection from the appropriations under s. 20.437 (1) (dd) and (pd). Subject to par. (ap), and if all of the following conditions are met, beginning on January 1, 2026, a county department and, in a county having a population of 750,000 or more, the department or a county department shall make monthly payments to a long-term kinship care provider who is providing care and maintenance for each a child per month in the amount of $375 beginning on January 1, 2024, to a long-term kinship care provider who is providing care and maintenance for that child if all of the following conditions are met $463 for a child under 5 years of age; $507 for a child 5 to 11 years of age; $557 for a child 12 to 14 years of age; and $601 for a child 15 years of age or over:

AB50,852 Section 852. 48.57 (3n) (am) 4. of the statutes is amended to read:

AB50,484,7 48.57 (3n) (am) 4. The county department or department conducts a background investigation under sub. (3p) of the long-term kinship care provider, the employees and prospective employees of the long-term kinship care provider who have or would have regular contact with the child for whom the payments would be made and any other adult resident, as defined in sub. (3p) (a) 1., of the long-term kinship care provider’s home to determine if the long-term kinship care provider, employee, prospective employee or adult resident has any arrests or convictions that are likely to adversely affect the child or the long-term kinship care provider’s ability to care for the child.

AB50,853 Section 853. 48.57 (3n) (am) 4m. of the statutes is amended to read:

AB50,484,16 48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term kinship care provider states that he or she does not have any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child and that, to the best of the long-term kinship care provider’s knowledge, no adult resident, as defined in sub. (3p) (a) 1., and no employee or prospective employee of the long-term kinship care provider who would have regular contact with the child has any arrests or convictions that could adversely affect the child or the long-term kinship care provider’s ability to care for the child.

AB50,854 Section 854. 48.57 (3n) (an) of the statutes is created to read:

AB50,485,2 48.57 (3n) (an) In addition to the monthly payments for long-term kinship care under par. (am), the department or 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 long-term kinship care provider who is providing care and maintenance for a child residing in the home of the long-term 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) 2.

AB50,855 Section 855. 48.57 (3n) (ap) 1. of the statutes is amended to read:

AB50,485,14 48.57 (3n) (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 or the county department may make payments under par. (am) to a long-term kinship care provider who is providing care and maintenance for a child who is placed in the home of the long-term kinship care provider 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 long-term kinship care provider for a license to operate a foster home or, if the application is approved or denied or the long-term kinship care 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 long-term kinship care provider is otherwise determined to be ineligible for licensure.

AB50,856 Section 856. 48.57 (3n) (ap) 3. of the statutes is amended to read:

AB50,486,11 48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship care provider specified in subd. 1. is denied or the long-term kinship care 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 or the county department may make payments under par. (am) to the long-term kinship care provider until an event specified in par. (am) 6. a. to f. occurs 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 long-term kinship care provider’s home and the ability of the long-term kinship care provider to care for the child, and a recommendation that the child remain in the home of the long-term kinship care provider and the court, after considering that information, assessment, and recommendation, orders the child to remain in the long-term kinship care provider’s home. If the court does not order the child to remain in the kinship care 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) or to request a termination of the guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request a change in placement and any person who is authorized to file a petition for the appointment of a guardian for the child may also request a termination of the guardianship order.

AB50,857 Section 857. 48.57 (3n) (b) 1. of the statutes is amended to read:

AB50,486,18 48.57 (3n) (b) 1. The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB50,858 Section 858. 48.57 (3n) (c) of the statutes is amended to read:

AB50,486,24 48.57 (3n) (c) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall require the parent or parents of a child for whom a payment is made under par. (am) to initiate or continue health care insurance coverage for the child.

AB50,859 Section 859. 48.57 (3n) (cm) of the statutes is amended to read:

AB50,487,5 48.57 (3n) (cm) A long-term kinship care 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. (3m) or s. 48.62 (4) or 48.623 (1) (1r) or (6) for that child.

AB50,860 Section 860. 48.57 (3n) (d) of the statutes is amended to read:

AB50,487,13 48.57 (3n) (d) The county department or, in a county having a population of 750,000 or more, the department or a county department if the county department is making the payments shall, at least once every 12 months after the county department or department begins making payments under this subsection, determine whether any of the events specified in par. (am) 6. a. to f. have occurred. If any such events have occurred, the county department or department shall discontinue making those payments.

AB50,861 Section 861. 48.57 (3n) (g) 2. (intro.) of the statutes is amended to read:

AB50,487,24 48.57 (3n) (g) 2. (intro.) If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 750,000 or more, the subunit of the department administering of the long-term kinship care program in that county or the county department that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB50,862 Section 862. 48.57 (3n) (h) of the statutes is amended to read:

AB50,488,10 48.57 (3n) (h) A county department or, in a county having a population of 750,000 or more, the department or a county department may recover an overpayment made under par. (am) from a long-term kinship care provider who continues to receive payments under par. (am) by reducing the amount of the long- term kinship care 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.

AB50,863 Section 863. 48.57 (3n) (i) of the statutes is renumbered 48.57 (3n) (i) (intro.) and amended to read:

AB50,488,14 48.57 (3n) (i) (intro.) The department shall promulgate rules to implement this subsection. Those rules shall include rules all of the following:

AB50,488,16 1. Rules governing the provision of long-term kinship care payments for the care and maintenance of a child after the child attains 18 years of age.

AB50,864 Section 864. 48.57 (3n) (i) 2. of the statutes is created to read:

AB50,488,21 48.57 (3n) (i) 2. 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 children residing in a home of a long- term kinship care provider who is receiving a monthly rate under par. (am).

AB50,865 Section 865. 48.57 (3p) (a) of the statutes is renumbered 48.57 (3p) (a) (intro.) and amended to read:

AB50,488,24 48.57 (3p) (a) (intro.) In this subsection, “adult:

AB50,489,5 1. “Adult resident” means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n).

AB50,866 Section 866. 48.57 (3p) (a) 2. of the statutes is created to read:

AB50,489,8 48.57 (3p) (a) 2. “County department” means a county department under s. 46.215, 46.22, 46.23.

AB50,867 Section 867. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB50,489,13 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB50,868 Section 868. 48.57 (3p) (b) 2. of the statutes is amended to read:

AB50,489,20 48.57 (3p) (b) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

AB50,869 Section 869. 48.57 (3p) (b) 3. of the statutes is amended to read:

AB50,490,2 48.57 (3p) (b) 3. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) at any time that the county department or department considers to be appropriate.

AB50,870 Section 870. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB50,490,10 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB50,871 Section 871. 48.57 (3p) (c) 2. of the statutes is amended to read:

AB50,490,19 48.57 (3p) (c) 2. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3m) who have or would have regular contact with the child for whom those payments are being made and of each adult resident at the time of review under sub. (3m) (d) or at any other time that the county department or department considers to be appropriate.

AB50,872 Section 872. 48.57 (3p) (c) 2m. of the statutes is amended to read:

AB50,491,3 48.57 (3p) (c) 2m. The county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.

AB50,873 Section 873. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB50,491,12 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 750,000 or more, the department or the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

AB50,874 Section 874. 48.57 (3p) (d) of the statutes is amended to read:

AB50,492,2 48.57 (3p) (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department or, in a county having a population of 750,000 or more, the department or the county department determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the county department or department shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB50,875 Section 875. 48.57 (3p) (e) (intro.) of the statutes is amended to read:

AB50,492,7 48.57 (3p) (e) (intro.) Upon request, a person being investigated under par. (b) or (c) shall provide the county department or, in a county having a population of 750,000 or more, the department or the county department with all of the following information:

AB50,876 Section 876. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB50,492,21 48.57 (3p) (fm) 1. The county department or, in a county having a population of 750,000 or more, the department or the county department may provisionally approve the making of payments under sub. (3m) based on the applicant’s statement under sub. (3m) (am) 4m. The county department or department may not finally approve the making of payments under sub. (3m) unless the county department or department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB50,877 Section 877. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

AB50,493,20 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 750,000 or more, the department or the county department may not enter into the agreement under sub. (3n) (am) 6. unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant’s ability to care for the child. The county department or, in a county having a population of 750,000 or more, the department or the county department may make payments under sub. (3n) conditioned on the receipt of information from the federal bureau of investigation indicating that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant’s ability to care for the child.

AB50,878 Section 878. 48.57 (3p) (fm) 2. of the statutes is amended to read:

AB50,495,4 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice indicating that the person’s conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m) or until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 750,000 or more, the department or the county department so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB50,879 Section 879. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

AB50,496,16 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 750,000 or more, the department or the county department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 750,000 or more, the department or the county department receives information from the department of justice relating to the person’s conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under sub. (3n). A person receiving payments under sub. (3n) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 750,000 or more, the department or the county department that the federal bureau of investigation indicates that the person’s conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 750,000 or more, the director of the county department or the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.

AB50,880 Section 880. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB50,496,24 48.57 (3p) (g) (intro.) Except as provided in par. (h), the county department or, in a county having a population of 750,000 or more, the department or the county department may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies: