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.
AB43-ASA2,278
15Section 278
. 48.623 (8) of the statutes is created to read:
AB43-ASA2,309,2316
48.623
(8) Tribal agreements. (a) The department may enter into an
17agreement with the governing body of an Indian tribe to allow that governing body
18to administer subsidized guardianships ordered by a tribal court under a tribal law
19substantially similar to s. 48.977 (2) and to be reimbursed by the department for
20eligible tribal subsidized guardianship payments. An agreement under this
21paragraph shall require the governing body of an Indian tribe to comply with all
22requirements for administering subsidized guardianship that apply to counties and
23the department, including eligibility.
AB43-ASA2,310,224
(b) A county department may provide the monthly payments under sub. (1) or
25(6) for guardianships of children ordered by the tribal court if the county department
1has entered into an agreement with the governing body of an Indian tribe to provide
2those payments.
AB43-ASA2,279
3Section 279
. 48.685 (5) (a) of the statutes is amended to read:
AB43-ASA2,310,184
48.685
(5) (a) Subject to par. (bm), the department may license to operate an
5entity, a county department or a child welfare agency may license to operate a foster
6home under s. 48.62, the department in a county having a population of 750,000 or
7more
, an Indian tribe, or a county department may provide subsidized guardianship
8payments under s. 48.623 (6) to a person who otherwise may not be so licensed or
9provided those payments for a reason specified in sub. (4m) (a) 1. to 5., and an entity
10may employ, contract with, or permit to reside at the entity or permit to reside with
11a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may
12not be so employed, provided payments, or permitted to reside at the entity or with
13that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person
14demonstrates to the department, county department, or child welfare agency or, in
15the case of an entity that is located within the boundaries of a reservation, to the
16person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and
17convincing evidence and in accordance with procedures established by the
18department by rule or by the tribe that he or she has been rehabilitated.
AB43-ASA2,280
19Section 280
. 48.977 (3r) (a) of the statutes is amended to read:
AB43-ASA2,311,1120
48.977
(3r) (a)
Guardian. Subsidized guardianship payments under s. 48.623
21(1) may not be made to a guardian of a child unless a subsidized guardianship
22agreement under s. 48.623 (2) is entered into before the guardianship order is
23granted and the court either terminates any order specified in sub. (2) (a) or
24dismisses any proceeding in which the child has been adjudicated in need of
25protection or services as specified in sub. (2) (a). If a child's permanency plan calls
1for placement of the child in the home of a guardian and the provision of monthly
2subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a)
3shall include in the petition under sub. (4) (b) a statement of the determinations
4made under s. 48.623 (1) and a request for the court to include in the court's findings
5under sub. (4) (d) a finding confirming those determinations. If the court confirms
6those determinations, appoints a guardian for the child under sub. (2), and either
7terminates any order specified in sub. (2) (a) or dismisses any proceeding in which
8the child is adjudicated to be in need of protection or services as specified in sub. (2)
9(a), the county department or, as provided in s. 48.623 (3) (a),
an Indian tribe or the
10department shall provide monthly subsidized guardianship payments to the
11guardian under s. 48.623 (1).
AB43-ASA2,281
12Section 281
. 48.977 (3r) (b) of the statutes is amended to read:
AB43-ASA2,312,213
48.977
(3r) (b)
Successor guardian. Subsidized guardianship payments under
14s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court
15makes a finding confirming that the successor guardian is named as a prospective
16successor guardian of the child in a subsidized guardianship agreement or amended
17subsidized guardianship agreement under s. 48.623 (2) that was entered into before
18the death or incapacity of the guardian and that the conditions specified in s. 48.623
19(6) (bm) have been met, appoints the successor guardian to assume the duty and
20authority of guardianship as provided in sub. (5m), and either terminates any order
21specified in sub. (2) (a) or dismisses any proceeding in which the child has been
22adjudicated in need of protection or services as specified in sub. (2) (a). If the court
23makes that finding and appointment and either terminates such an order or
24dismisses such a proceeding, the county department or, as provided in s. 48.623 (3)
1(a),
an Indian tribe or the department shall provide monthly subsidized
2guardianship payments to the successor guardian under s. 48.623 (6) (bm).
AB43-ASA2,282
3Section
282. 49.155 (1g) (ac) of the statutes is amended to read:
AB43-ASA2,312,74
49.155
(1g) (ac) A child care scholarship and bonus program, in the amount of
5at least $3,975,000
per in fiscal year
2023-24, a child care scholarship program, in
6the amount of at least $3,275,000 in fiscal year 2024-25, and a child care bonus
7program, in the amount of at least $5,700,000 in fiscal year 2024-25.
AB43-ASA2,283
8Section
283. 49.155 (1g) (bc) of the statutes is amended to read:
AB43-ASA2,312,109
49.155
(1g) (bc) Grants under s. 49.134 (2) for child care resource and referral
10services, in the amount of at least
$1,298,600
$2,598,600 per fiscal year.