SB70-AA1,247,1918
48.57
(3n) (i) (intro.) The department shall promulgate rules to implement this
19subsection. Those rules shall include
rules
all of the following:
SB70-AA1,247,21
201. Rules governing the provision of long-term kinship care payments for the
21care and maintenance of a child after the child attains 18 years of age.
SB70-AA1,504
22Section
504. 48.57 (3n) (i) 2. of the statutes is created to read:
SB70-AA1,248,223
48.57
(3n) (i) 2. Rules governing the provision of payments for exceptional
24circumstances to enable siblings or a minor parent and minor children to reside
1together and for initial clothing allowances for children residing in a home of a
2long-term kinship care provider who is receiving a monthly rate under par. (am).
SB70-AA1,505
3Section
505. 48.60 (2) (a) of the statutes is amended to read:
SB70-AA1,248,64
48.60
(2) (a) A relative
or like-kin, guardian, or person delegated care and
5custody of a child under s. 48.979 who provides care and maintenance for such
6children.
SB70-AA1,506
7Section
506. 48.62 (2) of the statutes is amended to read:
SB70-AA1,248,228
48.62
(2) A relative
or like-kin, a guardian of a child, or a person delegated care
9and custody of a child under s. 48.979 who provides care and maintenance for the
10child is not required to obtain the license specified in this section. The department,
11county department, or licensed child welfare agency as provided in s. 48.75 may issue
12a license to operate a foster home to a relative
or like-kin who has no duty of support
13under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
14child who is either placed by court order or who is the subject of a voluntary
15placement agreement under s. 48.63. The department, a county department, or a
16licensed child welfare agency may, at the request of a guardian appointed under s.
1748.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
18guardian's home as a foster home for the guardian's minor ward who is living in the
19home and who is placed in the home by court order. Relatives
and like-kin with no
20duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
212017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
22subject to the department's licensing rules.
SB70-AA1,507
23Section
507. 48.62 (4) of the statutes is amended to read:
SB70-AA1,249,1224
48.62
(4) Monthly payments in foster care shall be provided according to the
25rates specified in this subsection. Beginning on January 1,
2022, the rates are $300
1for care and maintenance provided for a child of any age by a foster home that is
2certified to provide level one care, as defined in the rules promulgated under sub. (8)
3(a) and 2024, for care and maintenance provided by a foster home that is certified to
4provide
care at a any level of care
that is higher than level one care,
$420 $441 for
5a child under 5 years of age;
$460 $483 for a child 5 to 11 years of age;
$522 $548 for
6a child 12 to 14 years of age; and
$545 $572 for a child 15 years of age or over. In
7addition to these grants for basic maintenance, the department, county department,
8or licensed child welfare agency shall make supplemental payments for foster care
9to a foster home that is receiving an age-related rate under this subsection that are
10commensurate with the level of care that the foster home is certified to provide and
11the needs of the child who is placed in the foster home according to the rules
12promulgated by the department under sub. (8) (c).
SB70-AA1,508
13Section
508. 48.64 (1) of the statutes is amended to read:
SB70-AA1,249,1814
48.64
(1) Definition. In this section, “agency" means the department, the
15department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
16a licensed child welfare agency authorized to place children in foster homes, group
17homes, or shelter care facilities approved under s. 938.22 (2) (c)
or, in the homes of
18relatives other than a parent
, or in the homes of like-kin.
SB70-AA1,509
19Section
509. 48.64 (1m) of the statutes is amended to read:
SB70-AA1,250,1620
48.64
(1m) Out-of-home care agreements. If an agency places a child in a
21foster home or group home or in the home of a relative other than a parent
or in the
22home of like-kin under a court order or places a child in a foster home, group home,
23or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
24under s. 48.63, the agency shall enter into a written agreement with the head of the
25home or facility. The agreement shall provide that the agency shall have access at
1all times to the child and the home or facility, and that the child will be released to
2the agency whenever, in the opinion of the agency placing the child or the
3department, the best interests of the child require release to the agency. If a child
4has been in a foster home or group home or in the home of a relative other than a
5parent
or in the home of like-kin for 6 months or more, the agency shall give the head
6of the home written notice of intent to remove the child, stating the reasons for the
7removal. The child may not be removed from a foster home, group home, or home of
8a relative other than a parent
or the home of like-kin before completion of the
9hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
10whichever is later, unless the safety of the child requires it or, in a case in which the
11reason for removal is to place the child for adoption under s. 48.833, unless all of the
12persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
13waivers of objection to the proposed removal. If the safety of the child requires earlier
14removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
15the head of the home shall have no claim against the placing agency for the expense
16of care, clothing, or medical treatment.
SB70-AA1,510
17Section
510. 48.64 (2) of the statutes is amended to read:
SB70-AA1,250,2218
48.64
(2) Supervision of out-of-home care placements. Every child who is
19placed in a foster home, group home, or shelter care facility approved under s. 938.22
20(2) (c) shall be under the supervision of an agency. Every child who is placed in the
21home of a relative other than a parent
or in the home of like-kin under a court order
22shall be under the supervision of an agency.
SB70-AA1,511
23Section
511. 48.64 (4) (a) of the statutes is amended to read:
SB70-AA1,252,624
48.64
(4) (a) Except as provided in par. (d), any decision or order issued by an
25agency that affects the head of a foster home or group home, the head of the home
1of a relative other than a parent
or the home of like-kin in which a child is placed,
2or the child involved may be appealed to the department under fair hearing
3procedures established under rules promulgated by the department. Upon receipt
4of an appeal, the department shall give the head of the home reasonable notice and
5an opportunity for a fair hearing. The department may make any additional
6investigation that the department considers necessary. The department shall give
7notice of the hearing to the head of the home and to the departmental subunit, county
8department, or child welfare agency that issued the decision or order. Each person
9receiving notice is entitled to be represented at the hearing. At all hearings
10conducted under this paragraph, the head of the home, or a representative of the
11head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
12(a), to examine all documents and records to be used at the hearing at a reasonable
13time before the date of the hearing as well as during the hearing, to bring witnesses,
14to establish all pertinent facts and circumstances, and to question or refute any
15testimony or evidence, including an opportunity to confront and cross-examine
16adverse witnesses. The department shall grant a continuance for a reasonable
17period of time when an issue is raised for the first time during a hearing. This
18requirement may be waived with the consent of the parties. The decision of the
19department shall be based exclusively on evidence introduced at the hearing. A
20transcript of testimony and exhibits, or an official report containing the substance
21of what transpired at the hearing, together with all papers and requests filed in the
22proceeding, and the findings of the hearing examiner shall constitute the exclusive
23record for decision by the department. The department shall make the record
24available at any reasonable time and at an accessible place to the head of the home
25or his or her representative. Decisions by the department shall specify the reasons
1for the decision and identify the supporting evidence. No person participating in an
2agency action being appealed may participate in the final administrative decision on
3that action. The department shall render its decision as soon as possible after the
4hearing and shall send a certified copy of its decision to the head of the home and to
5the departmental subunit, county department, or child welfare agency that issued
6the decision or order. The decision shall be binding on all parties concerned.
SB70-AA1,512
7Section
512. 48.64 (4) (c) of the statutes is amended to read:
SB70-AA1,252,218
48.64
(4) (c) Except as provided in par. (d), the circuit court for the county where
9the dispositional order placing a child in a foster home or group home or in the home
10of a relative other than a parent
or in the home of like-kin was entered or the
11voluntary agreement under s. 48.63 placing a child in a foster home or group home
12was made has jurisdiction upon petition of any interested party over the child who
13is placed in the foster home, group home, or home of the relative
or like-kin. The
14circuit court may call a hearing, at which the head of the home and the supervising
15agency under sub. (2) shall be present, for the purpose of reviewing any decision or
16order of that agency involving the placement and care of the child. If the child has
17been placed in a foster home or in the home of a relative other than a parent
or in the
18home of like-kin, the foster parent
or, relative
, or like-kin may present relevant
19evidence at the hearing. The petitioner has the burden of proving by clear and
20convincing evidence that the decision or order issued by the agency is not in the best
21interests of the child.
SB70-AA1,513
22Section
513. 48.67 (4) (b) of the statutes is amended to read:
SB70-AA1,252,2523
48.67
(4) (b) The training under par. (a) shall be available to a kinship care
24relative provider, as defined in s. 48.40 (1m), upon request of the kinship care
relative 25provider.
SB70-AA1,514
1Section
514. 49.132 of the statutes is created to read:
SB70-AA1,253,4
249.132 Child care partnership grant program. (1) In this section,
3“business" means any organization or enterprise operated for profit or a nonprofit
4corporation. “Business” does not include a governmental entity.
SB70-AA1,253,9
5(2) The department may establish a grant program to award funding to
6businesses that provide or wish to provide child care services for their employees.
7A grant awarded under this program may be used to reserve child care placements
8for local business employees, pay child care tuition, and other costs related to child
9care.
SB70-AA1,253,11
10(3) A business awarded a grant under this section shall provide matching funds
11equal to 25 percent or more of the amount awarded.
SB70-AA1,253,13
12(4) The department may promulgate rules to administer this section, including
13to determine eligibility for a grant.
SB70-AA1,515
14Section
515. 49.133 of the statutes is created to read:
SB70-AA1,253,20
1549.133 Child care quality improvement program. (1) The department
16may establish a program under which it may, from the appropriation under s. 20.437
17(2) (c) and under s. 49.175 (1) (qm), make monthly payments and monthly per-child
18payments to child care providers certified under s. 48.651, child care centers licensed
19under s. 48.65, and child care programs established or contracted for by a school
20board under s. 120.13 (14).