SB70-SSA2,257
9Section
257. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
SB70-SSA2,299,1810
48.57
(3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
11(me), and (s), the department shall reimburse counties having populations of less
12than 750,000 for payments made under this subsection and shall make payments
13under this subsection in a county having a population of 750,000 or more. Subject
14to par. (ap), a county department and, in a county having a population of 750,000 or
15more, the department shall make monthly payments for each child in the amount of
16$300 $375 per month beginning on January 1,
2022 2024, to a long-term kinship care
17relative who is providing care and maintenance for that child if all of the following
18conditions are met:
SB70-SSA2,258
19Section
258. 48.62 (4) of the statutes is renumbered 48.62 (4) (a) (intro.) and
20amended to read:
SB70-SSA2,300,221
48.62
(4) (a) (intro.) Monthly payments in foster care shall be provided
22according to the rates specified in this subsection. Beginning on January 1,
2022 232024, the rates
are $300 for care and maintenance provided for a child of any age by
24a foster home that is certified to provide level one care, as defined in the rules
25promulgated under sub. (8) (a)
, are $375 and
, for care and maintenance provided by
1a foster home that is certified to provide care at a level of care that is higher than level
2one care,
$420 for the rates are all of the following:
SB70-SSA2,300,3
31. For a child under 5 years of age
; $460 for, $441.
SB70-SSA2,300,4
42. For a child 5 to 11 years of age
; $522 for, $483.
SB70-SSA2,300,5
53. For a child 12 to 14 years of age
; and $545 for, $548.
SB70-SSA2,300,6
64. For a child 15 years of age or over
, $572.
SB70-SSA2,300,13
7(b) In addition to
these
the grants
under par. (a) for basic maintenance, the
8department, county department, or licensed child welfare agency shall make
9supplemental payments for foster care to a foster home that is receiving an
10age-related rate under this subsection that are commensurate with the level of care
11that the foster home is certified to provide and the needs of the child who is placed
12in the foster home according to the rules promulgated by the department under sub.
13(8) (c).
SB70-SSA2,259
14Section 259
. 48.623 (1) (intro.) of the statutes is amended to read:
SB70-SSA2,301,315
48.623
(1) Eligibility. (intro.) A county department or, as provided in sub. (3)
16(a),
an Indian tribe or the department shall provide monthly subsidized
17guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child
18under s. 48.977 (2) or under a substantially similar tribal law if the county
19department
, Indian tribe, or department determines that the conditions specified in
20pars. (a) to (d) have been met. A county department or, as provided in sub. (3) (a),
21a tribe or the department shall also provide those payments for the care of a sibling
22of such a child, regardless of whether the sibling meets the conditions specified in par.
23(a), if the county department
, Indian tribe, or department and the guardian agree on
24the appropriateness of placing the sibling in the home of the guardian. A guardian
25of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for
1monthly subsidized guardianship payments under this subsection if the county
2department
, Indian tribe, or
the department, whichever will be providing those
3payments, determines that all of the following apply:
SB70-SSA2,260
4Section 260
. 48.623 (1) (b) 3. of the statutes is amended to read:
SB70-SSA2,301,115
48.623
(1) (b) 3. The guardian is licensed as the child's foster parent and the
6guardian and all adults residing in the guardian's home meet the requirements
7specified in s. 48.685
or, for a guardianship of a child ordered by a tribal court in
8which the background investigation is conducted by the Indian tribe, all adults
9residing in the guardian's home meet either the requirements specified in s. 48.685
10or the background check requirements for foster parent licensing under 42 USC 671
11(a) (20).
SB70-SSA2,261
12Section 261
. 48.623 (1) (c) of the statutes is amended to read:
SB70-SSA2,301,1813
48.623
(1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345,
14938.357, 938.363, or 938.365
or a tribal court under a substantially similar tribal law 15placing the child, or continuing the placement of the child, outside of the child's home
16has been terminated, or any proceeding in which the child has been adjudged to be
17in need of protection or services specified in s. 48.977 (2) (a) has been dismissed, as
18provided in s. 48.977 (3r) (a).
SB70-SSA2,262
19Section 262
. 48.623 (2) (intro.) of the statutes is amended to read:
SB70-SSA2,302,1020
48.623
(2) Subsidized guardianship agreement. (intro.) Before a county
21department
, an Indian tribe, or the department may approve the provision of
22subsidized guardianship payments under sub. (1) to a proposed guardian, the county
23department
, Indian tribe, or department shall negotiate and enter into a written,
24binding subsidized guardianship agreement with the proposed guardian and provide
25the proposed guardian with a copy of the agreement. A subsidized guardianship
1agreement or an amended subsidized guardianship agreement may also name a
2prospective successor guardian of the child to assume the duty and authority of
3guardianship on the death or incapacity of the guardian. A successor guardian is
4eligible for monthly subsidized guardianship payments under this section only if the
5successor guardian is named as a prospective successor guardian of the child in a
6subsidized guardianship agreement or amended subsidized guardianship
7agreement that was entered into before the death or incapacity of the guardian, the
8conditions specified in sub. (6) (bm) are met, and the court appoints the successor
9guardian to assume the duty and authority of guardianship as provided in s. 48.977
10(5m). A subsidized guardianship agreement shall specify all of the following:
SB70-SSA2,263
11Section 263
. 48.623 (2) (c) of the statutes is amended to read:
SB70-SSA2,302,1412
48.623
(2) (c) That the county department
, Indian tribe, or department will pay
13the total cost of the nonrecurring expenses that are associated with obtaining
14guardianship of the child, not to exceed $2,000.
SB70-SSA2,264
15Section 264
. 48.623 (3) (a) of the statutes is amended to read:
SB70-SSA2,303,716
48.623
(3) (a) Except as provided in this paragraph, the county department
17shall provide the monthly payments under sub. (1) or (6).
An Indian tribe that has
18entered into an agreement with the department under sub. (8) shall provide the
19monthly payments under sub. (1) or (6) for guardianships of children ordered by the
20tribal court, or a county department may provide the monthly payments under sub.
21(1) or (6) for guardianships of children ordered by the tribal court if the county
22department has entered into an agreement with the governing body of an Indian
23tribe to provide those payments. The county department
or Indian tribe shall
24provide those payments from moneys received under s. 48.48 (8r). The department
25shall reimburse county departments
and Indian tribes for the cost of subsidized
1guardianship payments, including
payments made by county departments for 2guardianships of
Indian children ordered by tribal courts, from the appropriations
3under s. 20.437 (1) (dd)
, (kL), and (pd). In a county having a population of 750,000
4or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the
5department shall provide the monthly payments under sub. (1) or (6). The
6department shall provide those payments from the appropriations under s. 20.437
7(1) (cx) and (mx).
SB70-SSA2,265
8Section 265
. 48.623 (3) (b) of the statutes is amended to read:
SB70-SSA2,303,179
48.623
(3) (b) The county department or, as provided in par. (a),
an Indian tribe
10or the department shall determine the initial amount of a monthly payment under
11sub. (1) or (6) for the care of a child based on the circumstances of the guardian and
12the needs of the child. That amount may not exceed the amount received under s.
1348.62 (4)
or a substantially similar tribal law by the guardian of the child for the
14month immediately preceding the month in which the guardianship order was
15granted. A guardian or an interim caretaker who receives a monthly payment under
16sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57
17(3m) or (3n) or 48.62 (4) for the care of that child.
SB70-SSA2,266
18Section 266
. 48.623 (3) (c) 1. of the statutes is amended to read:
SB70-SSA2,304,919
48.623
(3) (c) 1. If a person who is receiving monthly subsidized guardianship
20payments under an agreement under sub. (2) believes that there has been a
21substantial change in circumstances, as defined by the department by rule
22promulgated under sub. (7) (a), he or she may request that the agreement be
23amended to increase the amount of those payments. If a request is received under
24this subdivision, the county department
, Indian tribe, or department shall
25determine whether there has been a substantial change in circumstances and
1whether there has been a substantiated report of abuse or neglect of the child by the
2person receiving those payments. If there has been a substantial change in
3circumstances and if there has been no substantiated report of abuse or neglect of
4the child by that person, the county department
, Indian tribe, or department shall
5offer to increase the amount of those payments based on criteria established by the
6department by rule promulgated under sub. (7) (b). If an increased monthly
7subsidized guardianship payment is agreed to by the person receiving those
8payments, the county department
, Indian tribe, or department shall amend the
9agreement in writing to specify the increased amount of those payments.
SB70-SSA2,267
10Section 267
. 48.623 (3) (c) 2. of the statutes is amended to read:
SB70-SSA2,304,2511
48.623
(3) (c) 2. Annually, a county department
, Indian tribe, or the department
12shall review an agreement that has been amended under subd. 1. to determine
13whether the substantial change in circumstances that was the basis for amending
14the agreement continues to exist. If that substantial change in circumstances
15continues to exist, the agreement, as amended, shall remain in effect. If that
16substantial change in circumstances no longer exists, the county department
, Indian
17tribe, or department shall offer to decrease the amount of the monthly subsidized
18guardianship payments provided under sub. (1) based on criteria established by the
19department under sub. (7) (c). If the decreased amount of those payments is agreed
20to by the person receiving those payments, the county department
, Indian tribe, or
21department shall amend the agreement in writing to specify the decreased amount
22of those payments. If the decreased amount of those payments is not agreed to by
23the person receiving those payments, that person may appeal the decision of the
24county department
, Indian tribe, or department regarding the decrease under sub.
25(5).
SB70-SSA2,268
1Section
268. 48.623 (3) (d) of the statutes is amended to read:
SB70-SSA2,305,82
48.623
(3) (d) The department
, an Indian tribe, or a county department may
3recover an overpayment made under sub. (1) or (6) from a guardian or interim
4caretaker who continues to receive those payments by reducing the amount of the
5person's monthly payment. The department may by rule specify other methods for
6recovering those overpayments. A county department
or Indian tribe that recovers
7an overpayment under this paragraph due to the efforts of its officers and employees
8may retain a portion of the amount recovered, as provided by the department by rule.