SB45: Bill Text

SB45,499,22 3. $548 $575 for a child 12 to 14 years of age.

SB45,499,23 4. $572 $601 for a child 15 years of age or over.

SB45,888 Section 888. 48.62 (5) of the statutes is created to read:

SB45,500,5 48.62 (5) (a) In addition to the grants for basic maintenance and supplemental payments for foster care under sub. (4), the department or, with the department’s approval, the county department or licensed child welfare agency may make emergency payments for foster care to foster homes that are receiving payments under sub. (4) if any of the following conditions are met:

SB45,500,8 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 foster home.

SB45,500,10 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 foster home.

SB45,500,13 3. The department has determined that conditions in this state or in the locality of the foster home have resulted in a temporary increase in the costs borne by foster homes. Those conditions may include any of the following:

SB45,500,14 a. A pandemic or other public health threat.

SB45,500,15 b. A natural disaster.

SB45,500,16 c. Unplanned school closures of 5 consecutive days or more.

SB45,500,18 (b) The department shall determine the amount of emergency payments under par. (a) based on available funding.

SB45,889 Section 889. 48.62 (8m) of the statutes is created to read:

SB45,500,21 48.62 (8m) The department may promulgate rules governing the provision of emergency payments to foster homes under sub. (5).

SB45,890 Section 890. 48.623 (1) of the statutes is renumbered 48.623 (1r), and 48.623 (1r) (c), as renumbered, is amended to read:

SB45,501,6 48.623 (1r) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding specified in s. 48.977 (2) (a) in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided in s. 48.977 (3r) (a).

SB45,891 Section 891. 48.623 (1g) of the statutes is created to read:

SB45,501,9 48.623 (1g) In this section, “county department” means a county department under s. 46.215, 46.22, or 46.23.

SB45,892 Section 892. 48.623 (1m) (intro.) of the statutes is amended to read:

SB45,501,13 48.623 (1m) Duration of eligibility. (intro.) Subsidized guardianship payments under sub. (1) (1r) or (6) may be continued after the child attains 18 years of age if any of the following applies:

SB45,893 Section 893. 48.623 (2) (intro.) of the statutes is amended to read:

SB45,502,7 48.623 (2) Subsidized guardianship agreement. (intro.) Before a county department, an Indian tribe, or the department may approve the provision of subsidized guardianship payments under sub. (1) (1r) to a proposed guardian, the county department, Indian tribe, or department shall negotiate and enter into a written, binding subsidized guardianship agreement with the proposed guardian and provide the proposed guardian with a copy of the agreement. A subsidized guardianship agreement or an amended subsidized guardianship agreement may also name a prospective successor guardian of the child to assume the duty and authority of guardianship on the death or incapacity of the guardian. A successor guardian is eligible for monthly subsidized guardianship payments under this section only if the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian, the conditions specified in sub. (6) (bm) are met, and the court appoints the successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m). A subsidized guardianship agreement shall specify all of the following:

SB45,894 Section 894. 48.623 (2) (e) of the statutes is amended to read:

SB45,502,12 48.623 (2) (e) That, in determining eligibility for adoption assistance under s. 48.975 and 42 USC 673 for the care of the child, the placement of the child in the home of the guardian and any payments made under sub. (1) (1r) shall be considered never to have been made.

SB45,895 Section 895. 48.623 (3) (a) of the statutes is amended to read:

SB45,503,11 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) (1r) or (6). An Indian tribe that has entered into an agreement with the department under sub. (8) shall provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court, or a county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments. The county department or Indian tribe shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) (1r) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (cx) and (mx) or the county department shall provide those payments from moneys received under s. 48.48 (8r). The department shall reimburse county departments and Indian tribes for the cost of subsidized guardianship payments, including payments made by county departments for guardianships of children ordered by tribal courts, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd).

SB45,896 Section 896. 48.623 (3) (b) of the statutes is amended to read:

SB45,503,21 48.623 (3) (b) The county department or, as provided in par. (a), an Indian tribe or the department shall determine the initial amount of a monthly payment under sub. (1) (1r) or (6) for the care of a child based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) or a substantially similar tribal law by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted. A guardian or an interim caretaker who receives a monthly payment under sub. (1) (1r) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

SB45,897 Section 897. 48.623 (3) (c) 2. of the statutes is amended to read:

SB45,504,13 48.623 (3) (c) 2. Annually, a county department, Indian tribe, or the department shall review an agreement that has been amended under subd. 1. to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the county department, Indian tribe, or department shall offer to decrease the amount of the monthly subsidized guardianship payments provided under sub. (1) (1r) based on criteria established by the department under sub. (7) (c). If the decreased amount of those payments is agreed to by the person receiving those payments, the county department, Indian tribe, or department shall amend the agreement in writing to specify the decreased amount of those payments. If the decreased amount of those payments is not agreed to by the person receiving those payments, that person may appeal the decision of the county department, Indian tribe, or department regarding the decrease under sub. (5).

SB45,898 Section 898. 48.623 (3) (d) of the statutes is amended to read:

SB45,504,22 48.623 (3) (d) The department, an Indian tribe, or a county department may recover an overpayment made under sub. (1) (1r) or (6) from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person’s monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department or Indian tribe 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.

SB45,899 Section 899. 48.623 (4) of the statutes is amended to read:

SB45,505,7 48.623 (4) Annual review. A county department, an Indian tribe, or the department shall review a placement of a child for which the county department, Indian tribe, or department makes payments under sub. (1) (1r) not less than every 12 months after the county department, Indian tribe, or department begins making those payments to determine whether the child and the guardian remain eligible for those payments. If the child or the guardian is no longer eligible for those payments, the county department, Indian tribe, or department shall discontinue making those payments.

SB45,900 Section 900. 48.623 (5) (a) of the statutes is amended to read:

SB45,505,15 48.623 (5) (a) Any person whose application for payments under sub. (1) (1r) is not acted on promptly or is denied on the grounds that a condition specified in sub. (1) (1r) has not been met and any person whose payments under sub. (1) (1r) are decreased under sub. (3) (c) 2. or discontinued under sub. (4) may petition the department under par. (b) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

SB45,901 Section 901. 48.623 (5) (b) 2. of the statutes is amended to read:

SB45,506,2 48.623 (5) (b) 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under sub. (1) (1r) are being decreased or discontinued, those payments may not be decreased or 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, Indian tribe, or subunit of the department whose action is the subject of the hearing that the recipient has requested a hearing. Payments under sub. (1) (1r) shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf.

SB45,902 Section 902. 48.623 (5) (b) 3. of the statutes is amended to read:

SB45,506,6 48.623 (5) (b) 3. The recipient shall be promptly informed in writing if his or her payments under sub. (1) (1r) are to be decreased or discontinued pending the hearing decision.

SB45,903 Section 903. 48.623 (6) (am) (intro.) of the statutes is amended to read:

SB45,506,12 48.623 (6) (am) (intro.) On the death, incapacity, resignation, or removal of a guardian receiving payments under sub. (1) (1r), the county department, Indian tribe, or department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) for a period of up to 12 months to an interim caretaker if all of the following conditions are met:

SB45,904 Section 904. 48.623 (6) (bm) (intro.) of the statutes is amended to read:

SB45,506,22 48.623 (6) (bm) (intro.) On the death or incapacity of a guardian receiving payments under sub. (1) (1r), the county department, an Indian tribe, or the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a person named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian if all of the following conditions are met and the court appoints the person as successor guardian to assume the duty and authority of guardianship as provided in s. 48.977 (5m):

SB45,905 Section 905. 48.623 (6) (bm) 6. of the statutes is amended to read:

SB45,507,7 48.623 (6) (bm) 6. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or a tribal court order under a substantially similar tribal law placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding specified in s. 48.977 (2) (a) in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a) or delinquent has been dismissed, as provided in s. 48.977 (3r) (b).

SB45,906 Section 906. 48.623 (7) (a) of the statutes is amended to read:

SB45,507,12 48.623 (7) (a) A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments under sub. (1) (1r) may request that an agreement made under sub. (2) be amended to increase the amount of those payments.

SB45,907 Section 907. 48.623 (7) (c) of the statutes is amended to read:

SB45,507,20 48.623 (7) (c) Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer under sub. (3) (c) 2. if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department under sub. (3) (c) 2. may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child under sub. (1) (1r).

SB45,908 Section 908. 48.623 (7) (dm) of the statutes is amended to read:

SB45,507,24 48.623 (7) (dm) Rules establishing the conditions that must be met in order for a person specified in sub. (1) (1r) (b) 1. c. to be eligible for monthly subsidized guardianship payments under sub. (1) (1r).

SB45,909 Section 909. 48.623 (8) (b) of the statutes is amended to read:

SB45,508,5 48.623 (8) (b) A county department may provide the monthly payments under sub. (1) (1r) or (6) for guardianships of children ordered by the tribal court if the county department has entered into an agreement with the governing body of an Indian tribe to provide those payments.

SB45,910 Section 910. 48.63 (3) (b) 4. of the statutes is amended to read:

SB45,508,16 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB45,911 Section 911. 48.63 (3) (b) 5. of the statutes is amended to read:

SB45,508,23 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB45,912 Section 912. 48.645 (3) of the statutes is repealed.

SB45,913 Section 913. 48.82 (1) (a) of the statutes is amended to read:

SB45,509,3 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.

SB45,914 Section 914. 48.837 (1r) (d) of the statutes is amended to read:

SB45,509,14 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.

SB45,915 Section 915. 48.837 (1r) (e) of the statutes is amended to read:

SB45,509,21 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.

SB45,916 Section 916. 48.837 (6) (b) of the statutes is amended to read:

SB45,510,13 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).

SB45,917 Section 917. 48.837 (6) (br) of the statutes is amended to read:

SB45,510,18 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).

SB45,918 Section 918. 48.913 (1) (a) of the statutes is amended to read:

SB45,510,21 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB45,919 Section 919. 48.913 (1) (b) of the statutes is amended to read:

SB45,511,2 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB45,920 Section 920. 48.913 (1) (h) of the statutes is amended to read:

SB45,511,6 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.

SB45,921 Section 921. 48.913 (2) (intro.) of the statutes is amended to read:

SB45,511,14 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:

SB45,922 Section 922. 48.913 (2) (b) of the statutes is amended to read:

SB45,511,18 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.

SB45,923 Section 923. 48.913 (2) (c) (intro.) of the statutes is amended to read:

SB45,512,5 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:

SB45,924 Section 924. 48.913 (3) of the statutes is amended to read:

SB45,512,13 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.

SB45,925 Section 925. 48.913 (4) of the statutes is amended to read:

SB45,512,18 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).

SB45,926 Section 926. 48.913 (7) of the statutes is amended to read:

SB45,513,11 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.

SB45,927 Section 927. 48.977 (title) of the statutes is amended to read:

SB45,513,15 48.977 (title) Appointment of guardians for certain children or juveniles in need of protection or services or juveniles adjudged delinquent.

SB45,928 Section 928. 48.977 (2) (a) of the statutes is amended to read: