AB43-ASA2,266
18Section 266
. 48.623 (3) (c) 1. of the statutes is amended to read:
AB43-ASA2,304,919
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.
AB43-ASA2,267
10Section 267
. 48.623 (3) (c) 2. of the statutes is amended to read:
AB43-ASA2,304,2511
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).
AB43-ASA2,268
1Section
268. 48.623 (3) (d) of the statutes is amended to read:
AB43-ASA2,305,82
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.
AB43-ASA2,269
9Section 269
. 48.623 (4) of the statutes is amended to read:
AB43-ASA2,305,1710
48.623
(4) Annual review. A county department
, an Indian tribe, or the
11department shall review a placement of a child for which the county department
,
12Indian tribe, or department makes payments under sub. (1) not less than every 12
13months after the county department
, Indian tribe, or department begins making
14those payments to determine whether the child and the guardian remain eligible for
15those payments. If the child or the guardian is no longer eligible for those payments,
16the county department
, Indian tribe, or department shall discontinue making those
17payments.
AB43-ASA2,270
18Section 270
. 48.623 (5) (b) 1. (intro.) of the statutes is amended to read:
AB43-ASA2,306,919
48.623
(5) (b) 1. (intro.) Upon receipt of a timely petition described in par. (a)
20the department shall give the applicant or recipient reasonable notice and an
21opportunity for a fair hearing. The department may make such additional
22investigation as it considers necessary. Notice of the hearing shall be given to the
23applicant or recipient and to the county department
, Indian tribe, or subunit of the
24department whose action or failure to act is the subject of the petition. That county
25department
, Indian tribe, or subunit of the department may be represented at the
1hearing. The department shall render its decision as soon as possible after the
2hearing and shall send a certified copy of its decision to the applicant or recipient and
3to the county department
, Indian tribe, or subunit of the department whose action
4or failure to act is the subject of the petition. The decision of the department shall
5have the same effect as an order of the county department
, Indian tribe, or subunit
6of the department whose action or failure to act is the subject of the petition. The
7decision shall be final, but may be revoked or modified as altered conditions may
8require. The department shall deny a petition for review or shall refuse to grant
9relief if any of the following applies:
AB43-ASA2,271
10Section 271
. 48.623 (5) (b) 2. of the statutes is amended to read:
AB43-ASA2,306,2011
48.623
(5) (b) 2. If a recipient requests a hearing within 10 days after the date
12of notice that his or her payments under sub. (1) are being decreased or discontinued,
13those payments may not be decreased or discontinued until a decision is rendered
14after the hearing but payments made pending the hearing decision may be recovered
15by the department if the contested action or failure to act is upheld. The department
16shall promptly notify the county department
, Indian tribe, or
the subunit of the
17department whose action is the subject of the hearing that the recipient has
18requested a hearing. Payments under sub. (1) shall be decreased or discontinued if
19the recipient is contesting a state law or a change in state law and not the
20determination of the payment made on the recipient's behalf.
AB43-ASA2,272
21Section 272
. 48.623 (6) (am) (intro.) of the statutes is amended to read:
AB43-ASA2,307,222
48.623
(6) (am) (intro.) On the death, incapacity, resignation, or removal of a
23guardian receiving payments under sub. (1), the county department
, Indian tribe, or
24the department providing those payments shall provide monthly subsidized
1guardianship payments in the amount specified in sub. (3) (b) for a period of up to
212 months to an interim caretaker if all of the following conditions are met:
AB43-ASA2,273
3Section 273
. 48.623 (6) (am) 1. of the statutes is amended to read:
AB43-ASA2,307,84
48.623
(6) (am) 1. The county department
, Indian tribe, or department inspects
5the home of the interim caretaker, interviews the interim caretaker, and determines
6that placement of the child with the interim caretaker is in the best interests of the
7child. In the case of an Indian child, the best interests of the Indian child shall be
8determined in accordance with s. 48.01 (2).
AB43-ASA2,274
9Section 274
. 48.623 (6) (am) 2. of the statutes is amended to read:
AB43-ASA2,307,2010
48.623
(6) (am) 2. The county department
, Indian tribe, or department
11conducts a background investigation under s. 48.685 of the interim caretaker and
12any nonclient resident, as defined in s. 48.685 (1) (bm), of the home of the interim
13caretaker and determines that those individuals meet the requirements specified in
14s. 48.685.
For investigations conducted by an Indian tribe, the background
15investigation may be conducted under s. 48.685 or by meeting the background check
16requirements for foster parent licensing under 42 USC 671 (a) (20). The county
17department
, Indian tribe, or department shall provide the department of health
18services with information about each person who is denied monthly subsidized
19guardianship payments or permission to reside in the home of an interim caretaker
20for a reason specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.
AB43-ASA2,275
21Section 275
. 48.623 (6) (am) 3. of the statutes is amended to read:
AB43-ASA2,307,2422
48.623
(6) (am) 3. The interim caretaker cooperates with the county
23department
, Indian tribe, or department in finding a permanent placement for the
24child.
AB43-ASA2,276
1Section
276. 48.623 (6) (bm) (intro.), 1., 2., 3., 4. and 5. of the statutes are
2amended to read:
AB43-ASA2,308,113
48.623
(6) (bm) (intro.) On the death or incapacity of a guardian receiving
4payments under sub. (1), the county department
, an Indian tribe, or the department
5providing those payments shall provide monthly subsidized guardianship payments
6in the amount specified in sub. (3) (b) to a person named as a prospective successor
7guardian of the child in a subsidized guardianship agreement or amended subsidized
8guardianship agreement that was entered into before the death or incapacity of the
9guardian if all of the following conditions are met and the court appoints the person
10as successor guardian to assume the duty and authority of guardianship as provided
11in s. 48.977 (5m):
AB43-ASA2,308,1412
1. The county department
, Indian tribe, or department determines that the
13child, if 14 years of age or over, has been consulted with regarding the successor
14guardianship arrangement.
AB43-ASA2,308,1615
2. The county department
, Indian tribe, or department determines that the
16person has a strong commitment to caring permanently for the child.
AB43-ASA2,308,2017
3. The county department
, Indian tribe, or department inspects the home of the
18person, interviews the person, and determines that placement of the child with the
19person is in the best interests of the child. In the case of an Indian child, the best
20interests of the Indian child shall be determined in accordance with s. 48.01 (2).
AB43-ASA2,308,2321
4. Prior to being appointed as successor guardian to assume the duty and
22authority of guardianship, the person enters into a subsidized guardianship
23agreement under sub. (2) with the county department
, Indian tribe, or department.
AB43-ASA2,309,724
5. Prior to the person entering into the subsidized guardianship agreement, the
25county department
, Indian tribe, or department conducts a background
1investigation under s. 48.685 of the person and any nonclient resident, as defined in
2s. 48.685 (1) (bm), of the home of the person and determines that those individuals
3meet the requirements specified in s. 48.685. The county department
, Indian tribe, 4or department shall provide the department of health services with information
5about each person who is denied monthly subsidized guardianship payments or
6permission to reside in the home of a person receiving those payments for a reason
7specified in s. 48.685 (4m) (a) 1. to 5. or (b) 1. to 5.
AB43-ASA2,277
8Section 277
. 48.623 (7) (b) of the statutes is amended to read:
AB43-ASA2,309,149
48.623
(7) (b) Rules establishing requirements for submitting a request under
10sub. (3) (c) 1. and criteria for determining the amount of the increase in monthly
11subsidized guardianship payments that a county department
, an Indian tribe, or the
12department shall offer if there has been a substantial change in circumstances and
13if there has been no substantiated report of abuse or neglect of the child by the person
14receiving those payments.