Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 14, 2024
2		-	2023 Senate Bill 520 Date of publication*: March 15, 2024
3		-	2023 WISCONSIN ACT 119
4		-	AN ACT to repeal 48.38 (1) (ap) and 938.38 (1) (as); to amend 48.02 (15), 48.028 (2) (e), 48.028 (2) (f), 48.207
5		-	(1) (b), 48.207 (1) (f), 48.33 (4) (intro.), 48.335 (3g) (intro.), 48.335 (3j) (intro.), 48.345 (3) (a) (intro.), 48.345 (3)
6		-	(a) 1., 48.345 (3) (a) 2., 48.345 (4) (a), 48.355 (4) (b) (intro.), 48.366 (1) (a), 48.371 (1) (intro.), 48.371 (1) (a), 48.371
7		-	(3) (intro.), 48.371 (3) (d), 48.371 (5), 48.38 (2) (intro.), 48.38 (3m) (a), 48.38 (4) (f) (intro.), 48.38 (4m) (b), 48.38
8		-	(4m) (d), 48.38 (5) (b), 48.38 (5) (bm) 1., 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c) 1., 48.38 (5m) (e), 48.385
9		-	(intro.), 48.40 (1m), 48.427 (3m) (a) 5., 48.43 (5) (b) 1., 48.43 (5) (b) 3., 48.43 (5m), 48.57 (3m) (a) 1. b., 48.57 (3m)
10		-	(a) 2., 48.57 (3m) (am) (intro.), 48.57 (3m) (am) 1., 48.57 (3m) (am) 1m., 48.57 (3m) (am) 4., 48.57 (3m) (am) 4m.,
11		-	48.57 (3m) (am) 5., 48.57 (3m) (am) 5m., 48.57 (3m) (am) 6., 48.57 (3m) (ap) 1., 48.57 (3m) (ap) 2., 48.57 (3m) (ap)
12		-	3., 48.57 (3m) (b) 2., 48.57 (3m) (cm), 48.57 (3m) (h), 48.57 (3m) (i) 1., 48.57 (3n) (a) 1. b., 48.57 (3n) (a) 2., 48.57
13		-	(3n) (am) (intro.), 48.57 (3n) (am) 1., 48.57 (3n) (am) 2., 48.57 (3n) (am) 4., 48.57 (3n) (am) 4m., 48.57 (3n) (am)
14		-	5., 48.57 (3n) (am) 5m., 48.57 (3n) (am) 5r., 48.57 (3n) (am) 6. (intro.), 48.57 (3n) (am) 6. c., 48.57 (3n) (am) 6. d.,
15		-	48.57 (3n) (am) 6. e., 48.57 (3n) (ap) 1., 48.57 (3n) (ap) 2., 48.57 (3n) (ap) 3., 48.57 (3n) (b) 2., 48.57 (3n) (cm), 48.57
16		-	(3n) (h), 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h) 3. b., 48.57 (3p) (h) 4., 48.60 (2) (a), 48.62 (2), 48.64 (1), 48.64 (1m),
17		-	48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.67 (4) (b), 49.155 (1m) (a) 1m. b., 118.175 (1), 767.57 (1m) (cm), 767.57
18		-	(2), 938.02 (15), 938.028 (2) (c), 938.207 (1) (b), 938.207 (1) (f), 938.33 (4) (intro.), 938.335 (3g) (intro.), 938.335
19		-	(3j) (intro.), 938.34 (3) (a) (intro.), 938.34 (3) (a) 1., 938.34 (3) (a) 2., 938.355 (4) (am) (intro.), 938.357 (6) (a)
20		-	(intro.), 938.357 (6) (b), 938.365 (5) (b) (intro.), 938.366 (1) (a), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3)
21		-	(intro.), 938.371 (5), 938.38 (2) (intro.), 938.38 (3m) (a), 938.38 (4) (f) (intro.), 938.38 (4m) (b), 938.38 (4m) (d),
22		-	938.38 (5) (b), 938.38 (5) (bm) 1., 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c) 1., 938.38 (5m) (e) and 938.385
23		-	(intro.); and to create 48.02 (12c) and 938.02 (12c) of the statutes; relating to: inclusion of like−kin as an option for
24		-	with whom children may be placed out of their home under certain circumstances and who may receive kinship care
25		-	payments.
26		-	The people of the state of Wisconsin, represented in
27		-	senate and assembly, do enact as follows:
28		-	SECTION 1. 48.02 (12c) of the statutes is created to
29		-	read:
30		-	48.02 (12c) “Like−kin” means an individual who has
31		-	a significant emotional relationship with a child or the
32		-	child’s family that is similar to a familial relationship and
33		-	who is not and has not previously been the child’s
34		-	licensed foster parent. For an Indian child, “like−kin”
35		-	includes individuals identified by the child’s tribe
36		-	according to tribal tradition, custom or resolution, code,
37		-	or law.
38		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
39		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 119 2023 Senate Bill 520
40		-	SECTION 2. 48.02 (15) of the statutes is amended to
41		-	read:
42		-	48.02 (15) “Relative” means a parent, stepparent,
43		-	brother, sister, stepbrother, stepsister, half brother, half
44		-	sister, brother−in−law, sister−in−law, first cousin, first
45		-	cousin once removed, 2nd cousin, nephew, niece, uncle,
46		-	aunt, stepuncle, stepaunt, or any person of a preceding
47		-	generation as denoted by the prefix of grand, great, or
48		-	great−great, whether by blood, marriage, or legal adop-
49		-	tion, or the spouse of any person named in this subsec-
50		-	tion, even if the marriage is terminated by death or
51		-	divorce. For purposes of the application of s. 48.028 and
52		-	the federal Indian Child Welfare Act, 25 USC 1901 to
53		-	1963, “relative” includes an extended family member, as
54		-	defined in s. 48.028 (2) (am), whether by blood, mar-
55		-	riage, or adoption, including adoption under tribal law or
56		-	custom. For purposes of placement of a child, “relative”
57		-	also includes a parent of a sibling of the child who has
58		-	legal custody of that sibling.
59		-	SECTION 3. 48.028 (2) (e) of the statutes is amended
60		-	to read:
61		-	48.028 (2) (e) “Out−of−home care placement” means
62		-	the removal of an Indian child from the home of his or her
63		-	parent or Indian custodian for temporary placement in a
64		-	foster home, group home, residential care center for chil-
65		-	dren and youth, or shelter care facility, in the home of a
66		-	relative other than a parent, in the home of like−kin, or in
67		-	the home of a guardian, from which placement the parent
68		-	or Indian custodian cannot have the child returned upon
69		-	demand. “Out−of−home care placement” does not
70		-	include an adoptive placement, a preadoptive placement,
71		-	a delegation of powers, as described in par. (d) 5., an
72		-	emergency change in placement under s. 48.357 (2) (b),
73		-	or holding an Indian child in custody under ss. 48.19 to
74		-	48.21.
75		-	SECTION 4. 48.028 (2) (f) of the statutes is amended
76		-	to read:
77		-	48.028 (2) (f) “Preadoptive placement” means the
78		-	temporary placement of an Indian child in a foster home,
79		-	group home, or residential care center for children and
80		-	youth, in the home of a relative other than a parent, in the
81		-	home of like−kin, or in the home of a guardian after a ter-
82		-	mination of parental rights but prior to or in lieu of an
83		-	adoptive placement. “Preadoptive placement” does not
84		-	include an emergency change in placement under s.
85		-	48.437 (2).
86		-	SECTION 5. 48.207 (1) (b) of the statutes is amended
87		-	to read:
88		-	48.207 (1) (b) The home of a relative or like−kin,
89		-	except that a child may not be held under this paragraph
90		-	in the home of a relative if the relative person who has
91		-	been convicted under s. 940.01 of the first−degree inten-
92		-	tional homicide, or under s. 940.05 of the 2nd−degree
93		-	intentional homicide, of a parent of the child, and the con-
94		-	viction has not been reversed, set aside or vacated, unless
95		-	the person making the custody decision determines by
96		-	clear and convincing evidence that the placement would
97		-	be in the best interests of the child. The person making
98		-	the custody decision shall consider the wishes of the child
99		-	in making that determination.
100		-	SECTION 6. 48.207 (1) (f) of the statutes is amended
101		-	to read:
102		-	48.207 (1) (f) The home of a person not a relative or
103		-	like−kin, if the placement does not exceed 30 days,
104		-	though the placement may be extended for an additional
105		-	30 days for cause by the court, and if the person has not
106		-	had a license under s. 48.62 refused, revoked, or sus-
107		-	pended within the last 2 years.
108		-	SECTION 7. 48.33 (4) (intro.) of the statutes is
109		-	amended to read:
110		-	48.33 (4) OTHER OUT−OF−HOME PLACEMENTS. (intro.)
111		-	A report recommending placement of an adult expectant
112		-	mother outside of her home shall be in writing. A report
113		-	recommending placement of a child in a foster home,
114		-	group home, or residential care center for children and
115		-	youth, in the home of a relative other than a parent, in the
116		-	home of like−kin, in the home of a guardian under s.
117		-	48.977 (2), or in a supervised independent living arrange-
118		-	ment shall be in writing and shall include all of the fol-
119		-	lowing:
120		-	SECTION 8. 48.335 (3g) (intro.) of the statutes is
121		-	amended to read:
122		-	48.335 (3g) (intro.) At hearings under this section, if
123		-	the agency, as defined in s. 48.38 (1) (a), is recommend-
124		-	ing placement of the child in a foster home, group home,
125		-	or residential care center for children and youth, in the
126		-	home of a relative other than a parent, in the home of like−
127		-	kin, in the home of a guardian under s. 48.977 (2), or in
128		-	a supervised independent living arrangement, the agency
129		-	shall present as evidence specific information showing
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 520
	5	+	October 16, 2023 - Introduced by Senators B ALLWEG, JAMES, CARPENTER,
	6	+	HESSELBEIN, L. JOHNSON, LARSON, ROYS, SMITH, SPREITZER and TOMCZYK,
	7	+	cosponsored by Representatives SNYDER, ARMSTRONG, BALDEH, BEHNKE,
	8	+	BILLINGS, CALLAHAN, CONLEY, CONSIDINE, DITTRICH, DONOVAN, DOYLE, GOEBEN,
	9	+	GUSTAFSON, HONG, JOERS, KITCHENS, MURSAU, NOVAK, O'CONNOR, OHNSTAD,
	10	+	PALMERI, RATCLIFF, RETTINGER, ROZAR, SAPIK, SNODGRASS, STUBBS and SUBECK.
	11	+	Referred to Committee on Mental Health, Substance Abuse Prevention,
	12	+	Children and Families.
	13	+	AN ACT to amend 48.02 (15), 48.028 (2) (e), 48.028 (2) (f), 48.207 (1) (b), 48.207
	14	+	(1) (f), 48.33 (4) (intro.), 48.335 (3g) (intro.), 48.335 (3j) (intro.), 48.345 (3) (a)
	15	+	(intro.), 48.345 (3) (a) 1., 48.345 (3) (a) 2., 48.345 (4) (a), 48.355 (4) (b) (intro.),
	16	+	48.366 (1) (a), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d),
	17	+	48.371 (5), 48.38 (2) (intro.), 48.38 (3m) (a), 48.38 (4) (f) (intro.), 48.38 (4m) (b),
	18	+	48.38 (4m) (d), 48.38 (5) (b), 48.38 (5) (bm) 1., 48.38 (5) (e), 48.38 (5m) (b), 48.38
	19	+	(5m) (c) 1., 48.38 (5m) (e), 48.385 (intro.), 48.40 (1m), 48.427 (3m) (a) 5., 48.43
	20	+	(5) (b) 1., 48.43 (5) (b) 3., 48.43 (5m), 48.57 (3m) (a) 1. b., 48.57 (3m) (a) 2., 48.57
	21	+	(3m) (am) (intro.), 48.57 (3m) (am) 1., 48.57 (3m) (am) 1m., 48.57 (3m) (am) 4.,
	22	+	48.57 (3m) (am) 4m., 48.57 (3m) (am) 5., 48.57 (3m) (am) 5m., 48.57 (3m) (am)
	23	+	6., 48.57 (3m) (ap) 1., 48.57 (3m) (ap) 2., 48.57 (3m) (ap) 3., 48.57 (3m) (b) 2.,
	24	+	48.57 (3m) (cm), 48.57 (3m) (h), 48.57 (3m) (i) 1., 48.57 (3n) (a) 1. b., 48.57 (3n)
	25	+	(a) 2., 48.57 (3n) (am) (intro.), 48.57 (3n) (am) 1., 48.57 (3n) (am) 2., 48.57 (3n)
	26	+	(am) 4., 48.57 (3n) (am) 4m., 48.57 (3n) (am) 5., 48.57 (3n) (am) 5m., 48.57 (3n)
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	42	+	SENATE BILL 520
	43	+	(am) 5r., 48.57 (3n) (am) 6. (intro.), 48.57 (3n) (am) 6. c., 48.57 (3n) (am) 6. d.,
	44	+	48.57 (3n) (am) 6. e., 48.57 (3n) (ap) 1., 48.57 (3n) (ap) 2., 48.57 (3n) (ap) 3., 48.57
	45	+	(3n) (b) 2., 48.57 (3n) (cm), 48.57 (3n) (h), 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h)
	46	+	3. b., 48.57 (3p) (h) 4., 48.60 (2) (a), 48.62 (2), 48.64 (1), 48.64 (1m), 48.64 (2),
	47	+	48.64 (4) (a), 48.64 (4) (c), 48.67 (4) (b), 49.155 (1m) (a) 1m. b., 118.175 (1), 767.57
	48	+	(1m) (cm), 767.57 (2), 938.02 (15), 938.028 (2) (c), 938.207 (1) (b), 938.207 (1) (f),
	49	+	938.33 (4) (intro.), 938.335 (3g) (intro.), 938.335 (3j) (intro.), 938.34 (3) (a)
	50	+	(intro.), 938.34 (3) (a) 1., 938.34 (3) (a) 2., 938.355 (4) (am) (intro.), 938.357 (6)
	51	+	(a) (intro.), 938.357 (6) (b), 938.365 (5) (b) (intro.), 938.366 (1) (a), 938.371 (1)
	52	+	(intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (5), 938.38 (2) (intro.),
	53	+	938.38 (3m) (a), 938.38 (4) (f) (intro.), 938.38 (4m) (b), 938.38 (4m) (d), 938.38
	54	+	(5) (b), 938.38 (5) (bm) 1., 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c) 1., 938.38
	55	+	(5m) (e) and 938.385 (intro.); and to create 48.02 (12c) and 938.02 (12c) of the
	56	+	statutes; relating to: inclusion of like-kin as an option for with whom children
	57	+	may be placed out of their home under certain circumstances and who may
	58	+	receive kinship care payments.
	59	+	Analysis by the Legislative Reference Bureau
	60	+	Under current law, a juvenile court may place a child in certain placements that
	61	+	provide out-of-home care under the Children's Code and the Juvenile Justice Code.
	62	+	Under current law, those placements include specific types of licensed facilities, a
	63	+	licensed foster home, or the home of a relative other than a parent. Under current
	64	+	law, a relative other than a parent does not typically need to acquire a license in order
	65	+	to receive a relative child. This bill allows a juvenile court to similarly place a child
	66	+	with unlicensed individuals who qualify as “like-kin” under the Children's Code and
	67	+	the Juvenile Justice Code.
	68	+	The bill defines “like-kin” for the purposes of such a placement to be an
	69	+	individual who has a significant emotional relationship with a child or the child's
	70	+	family that is similar to a familial relationship and, for an Indian child, includes an
	71	+	individual who is identified by the child's tribe as kin or like-kin according to tribal
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	91	+	tradition, custom or resolution, code, or law. Under the bill, “like-kin” does not
	92	+	include a current or former foster parent of a child for placement purposes.
	93	+	Under current law, a relative other than a parent who is providing care and
	94	+	maintenance for a child under a court order may receive monthly kinship care
	95	+	payments from the Department of Children and Families or a county department of
	96	+	human or social services. The bill includes as those who may receive kinship care
	97	+	payments first cousins once removed and like-kin persons and changes the term
	98	+	used to refer to these persons from “kinship care relatives” to “kinship care
	99	+	providers.”
	100	+	Under current law, for the purposes of permanency planning, a family
	101	+	permanency team may include like-kin. The current law definition of “like-kin,” for
	102	+	the purpose of determining the family permanency team, is similar to the definition
	103	+	of “like-kin” for placement purposes in the bill, except that the current law definition
	104	+	1) does not exclude a current or former foster parent and 2) does not include
	105	+	individuals identified by the child's tribe if the child is an Indian child. Under the
	106	+	bill, the definition of “like-kin” for determining a family permanency team does not
	107	+	exclude a current or former foster parent but does include individuals identified by
	108	+	the child's tribe if the child is an Indian child.
	109	+	The people of the state of Wisconsin, represented in senate and assembly, do
	110	+	enact as follows:
	111	+	SECTION 1. 48.02 (12c) of the statutes is created to read:
	112	+	48.02 (12c) “Like-kin” means an individual who has a significant emotional
	113	+	relationship with a child or the child's family that is similar to a familial relationship
	114	+	and who is not and has not previously been the child's licensed foster parent. For an
	115	+	Indian child, “like-kin” includes individuals identified by the child's tribe according
	116	+	to tribal tradition, custom or resolution, code, or law.
	117	+	SECTION 2. 48.02 (15) of the statutes is amended to read:
	118	+	48.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
	119	+	stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, first
	120	+	cousin once removed, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or
	121	+	any person of a preceding generation as denoted by the prefix of grand, great, or
	122	+	great-great, whether by blood, marriage, or legal adoption, or the spouse of any
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	136	+	SECTION 2 SENATE BILL 520
	137	+	person named in this subsection, even if the marriage is terminated by death or
	138	+	divorce. For purposes of the application of s. 48.028 and the federal Indian Child
	139	+	Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member,
	140	+	as defined in s. 48.028 (2) (am), whether by blood, marriage, or adoption, including
	141	+	adoption under tribal law or custom. For purposes of placement of a child, “relative"
	142	+	also includes a parent of a sibling of the child who has legal custody of that sibling.
	143	+	SECTION 3. 48.028 (2) (e) of the statutes is amended to read:
	144	+	48.028 (2) (e) “Out-of-home care placement" means the removal of an Indian
	145	+	child from the home of his or her parent or Indian custodian for temporary placement
	146	+	in a foster home, group home, residential care center for children and youth, or
	147	+	shelter care facility, in the home of a relative other than a parent, in the home of
	148	+	like-kin, or in the home of a guardian, from which placement the parent or Indian
	149	+	custodian cannot have the child returned upon demand. “Out-of-home care
	150	+	placement" does not include an adoptive placement, a preadoptive placement, a
	151	+	delegation of powers, as described in par. (d) 5., an emergency change in placement
	152	+	under s. 48.357 (2) (b), or holding an Indian child in custody under ss. 48.19 to 48.21.
	153	+	SECTION 4. 48.028 (2) (f) of the statutes is amended to read:
	154	+	48.028 (2) (f) “Preadoptive placement" means the temporary placement of an
	155	+	Indian child in a foster home, group home, or residential care center for children and
	156	+	youth, in the home of a relative other than a parent, in the home of like-kin, or in
	157	+	the home of a guardian after a termination of parental rights but prior to or in lieu
	158	+	of an adoptive placement. “Preadoptive placement" does not include an emergency
	159	+	change in placement under s. 48.437 (2).
	160	+	SECTION 5. 48.207 (1) (b) of the statutes is amended to read:
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	187	+	SECTION 5
	188	+	SENATE BILL 520
	189	+	48.207 (1) (b) The home of a relative or like-kin, except that a child may not
	190	+	be held under this paragraph in the home of a relative if the relative person who has
	191	+	been convicted under s. 940.01 of the first-degree intentional homicide, or under s.
	192	+	940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the
	193	+	conviction has not been reversed, set aside or vacated, unless the person making the
	194	+	custody decision determines by clear and convincing evidence that the placement
	195	+	would be in the best interests of the child. The person making the custody decision
	196	+	shall consider the wishes of the child in making that determination.
	197	+	SECTION 6. 48.207 (1) (f) of the statutes is amended to read:
	198	+	48.207 (1) (f) The home of a person not a relative or like-kin, if the placement
	199	+	does not exceed 30 days, though the placement may be extended for an additional 30
	200	+	days for cause by the court, and if the person has not had a license under s. 48.62
	201	+	refused, revoked, or suspended within the last 2 years.
	202	+	SECTION 7. 48.33 (4) (intro.) of the statutes is amended to read:
	203	+	48.33 (4) OTHER OUT-OF-HOME PLACEMENTS. (intro.) A report recommending
	204	+	placement of an adult expectant mother outside of her home shall be in writing. A
	205	+	report recommending placement of a child in a foster home, group home, or
	206	+	residential care center for children and youth, in the home of a relative other than
	207	+	a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or
	208	+	in a supervised independent living arrangement shall be in writing and shall include
130	209		all of the following:
131		-	SECTION 9. 48.335 (3j) (intro.) of the statutes is
132		-	amended to read:
133		-	48.335 (3j) (intro.) At hearings under this section
134		-	involving an Indian child, if the agency, as defined in s.
135		-	48.38 (1) (a), is recommending removal of the Indian
136		-	child from the home of his or her parent or Indian custo-
137		-	dian and placement of the Indian child in a foster home,
138		-	group home, or residential care center for children and
139		-	youth or in the home of a relative other than a parent or
140		-	in the home of like−kin, the agency shall present as evi-
141		-	dence specific information showing all of the following:
142		-	SECTION 10. 48.345 (3) (a) (intro.) of the statutes is
143		-	amended to read:
144		-	48.345 (3) (a) (intro.) The home of a parent or, other
145		-	relative, or like−kin of the child, except that the judge
146		-	may not designate any of the following as the child’s
147		-	placement, unless the judge determines by clear and con-
148		-	vincing evidence that the placement would be in the best
149		-	interests of the child or, in the case of an Indian child, the
150		-	best interests of the Indian child as described in s. 48.01
151		-	(2): − 3 − 2023 Wisconsin Act 119 2023 Senate Bill 520
152		-	SECTION 11. 48.345 (3) (a) 1. of the statutes is
153		-	amended to read:
154		-	48.345 (3) (a) 1. The home of a parent or, other rela-
155		-	tive, or like−kin if the parent or, other relative, or like−kin
156		-	has been convicted under s. 940.01 of the first−degree
157		-	intentional homicide, or under s. 940.05 of the 2nd−de-
158		-	gree intentional homicide, of a parent of the child, and the
159		-	conviction has not been reversed, set aside, or vacated.
160		-	In determining whether a placement under this subdivi-
161		-	sion would be in the best interests of the child, the judge
162		-	shall consider the wishes of the child.
163		-	SECTION 12. 48.345 (3) (a) 2. of the statutes is
164		-	amended to read:
165		-	48.345 (3) (a) 2. The home of a relative other than the
166		-	parent of a child or the home of like−kin if the judge finds
167		-	that the relative or like−kin has been convicted of, has
168		-	pleaded no contest to, or has had a charge dismissed or
169		-	amended as a result of a plea agreement for a crime under
170		-	s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2.,
171		-	3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
172		-	948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
173		-	948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
	210	+	SECTION 8. 48.335 (3g) (intro.) of the statutes is amended to read:
	211	+	48.335 (3g) (intro.) At hearings under this section, if the agency, as defined in
	212	+	s. 48.38 (1) (a), is recommending placement of the child in a foster home, group home,
	213	+	or residential care center for children and youth, in the home of a relative other than
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	239	+	EHS:wlj&amn
	240	+	SECTION 8 SENATE BILL 520
	241	+	a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or
	242	+	in a supervised independent living arrangement, the agency shall present as
	243	+	evidence specific information showing all of the following:
	244	+	SECTION 9. 48.335 (3j) (intro.) of the statutes is amended to read:
	245	+	48.335 (3j) (intro.) At hearings under this section involving an Indian child, if
	246	+	the agency, as defined in s. 48.38 (1) (a), is recommending removal of the Indian child
	247	+	from the home of his or her parent or Indian custodian and placement of the Indian
	248	+	child in a foster home, group home, or residential care center for children and youth
	249	+	or in the home of a relative other than a parent or in the home of like-kin, the agency
	250	+	shall present as evidence specific information showing all of the following:
	251	+	SECTION 10. 48.345 (3) (a) (intro.) of the statutes is amended to read:
	252	+	48.345 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the
	253	+	child, except that the judge may not designate any of the following as the child's
	254	+	placement, unless the judge determines by clear and convincing evidence that the
	255	+	placement would be in the best interests of the child or, in the case of an Indian child,
	256	+	the best interests of the Indian child as described in s. 48.01 (2):
	257	+	SECTION 11. 48.345 (3) (a) 1. of the statutes is amended to read:
	258	+	48.345 (3) (a) 1. The home of a parent or, other relative, or like-kin if the parent
	259	+	or, other relative, or like-kin has been convicted under s. 940.01 of the first-degree
	260	+	intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
	261	+	a parent of the child, and the conviction has not been reversed, set aside, or vacated.
	262	+	In determining whether a placement under this subdivision would be in the best
	263	+	interests of the child, the judge shall consider the wishes of the child.
	264	+	SECTION 12. 48.345 (3) (a) 2. of the statutes is amended to read:
	265	+	1
	266	+	2
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	268	+	4
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	270	+	6
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	291	+	SECTION 12
	292	+	SENATE BILL 520
	293	+	48.345 (3) (a) 2. The home of a relative other than the parent of a child or the
	294	+	home of like-kin if the judge finds that the relative or like-kin has been convicted
	295	+	of, has pleaded no contest to, or has had a charge dismissed or amended as a result
	296	+	of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5)
	297	+	(a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
	298	+	948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
174	299		law of another state.
175		-	SECTION 13. 48.345 (4) (a) of the statutes is amended
176		-	to read:
177		-	48.345 (4) (a) A relative or like−kin of the child.
178		-	SECTION 14. 48.355 (4) (b) (intro.) of the statutes is
179		-	amended to read:
180		-	48.355 (4) (b) (intro.) Except as provided under s.
181		-	48.368, an order under this section or s. 48.357 or 48.365
182		-	made before the child reaches 18 years of age that places
183		-	or continues the placement of the child in a foster home,
184		-	group home, or residential care center for children and
185		-	youth, in the home of a relative other than a parent, in the
186		-	home of like−kin, or in a supervised independent living
187		-	arrangement shall terminate on the latest of the following
188		-	dates, unless the judge specifies a shorter period or the
189		-	judge terminates the order sooner:
190		-	SECTION 15. 48.366 (1) (a) of the statutes is amended
191		-	to read:
192		-	48.366 (1) (a) The person is placed in a foster home,
193		-	group home, or residential care center for children and
194		-	youth, in the home of a relative other than a parent, in the
195		-	home of like−kin, or in a supervised independent living
196		-	arrangement under an order under s. 48.355, 48.357, or
197		-	48.365 that terminates as provided in s. 48.355 (4) (b) 1.,
198		-	2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1.,
199		-	2., or 3. on or after the person attains 18 years of age.
200		-	SECTION 16. 48.371 (1) (intro.) of the statutes is
201		-	amended to read:
202		-	48.371 (1) (intro.) If a child is placed in a foster home,
203		-	group home, or residential care center for children and
204		-	youth or in the home of a relative other than a parent or
205		-	in the home of like−kin, including a placement under s.
206		-	48.205 or 48.21, the agency, as defined in s. 48.38 (1) (a),
207		-	that placed the child or arranged for the placement of the
208		-	child shall provide the following information to the foster
209		-	parent, relative, like−kin, or operator of the group home
210		-	or residential care center for children and youth at the
211		-	time of placement or, if the information has not been pro-
212		-	vided to the agency by that time, as soon as possible after
213		-	the date on which the agency receives that information,
214		-	but not more than 2 working days after that date:
215		-	SECTION 17. 48.371 (1) (a) of the statutes is amended
216		-	to read:
217		-	48.371 (1) (a) Results of an HIV test, as defined in s.
218		-	252.01 (2m), of the child, as provided under s. 252.15
219		-	(3m) (d) 15., including results included in a court report
220		-	or permanency plan. At the time that the HIV test results
221		-	are provided, the agency shall notify the foster parent,
222		-	relative, like−kin, or operator of the group home or resi-
223		-	dential care center for children and youth of the confiden-
224		-	tiality requirements under s. 252.15 (6).
225		-	SECTION 18. 48.371 (3) (intro.) of the statutes is
226		-	amended to read:
227		-	48.371 (3) (intro.) At the time of placement of a child
228		-	in a foster home, group home, or residential care center
229		-	for children and youth or in the home of a relative other
230		-	than a parent or in the home of like−kin or, if the informa-
231		-	tion is not available at that time, as soon as possible after
232		-	the date on which the court report or permanency plan has
233		-	been submitted, but no later than 7 days after that date, the
234		-	agency, as defined in s. 48.38 (1) (a), responsible for pre-
235		-	paring the child’s permanency plan shall provide to the
236		-	foster parent, relative, like−kin, or operator of the group
237		-	home or residential care center for children and youth
238		-	information contained in the court report submitted
239		-	under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or
240		-	48.837 (4) (c) or permanency plan submitted under s.
241		-	48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or
242		-	(5) (c), or 48.831 (4) (e) relating to findings or opinions
243		-	of the court or agency that prepared the court report or
244		-	permanency plan relating to any of the following:
245		-	SECTION 19. 48.371 (3) (d) of the statutes is amended
246		-	to read:
247		-	48.371 (3) (d) Any involvement of the child, whether
248		-	as victim or perpetrator, in sexual intercourse or sexual
249		-	contact in violation of s. 940.225, 948.02, 948.025, or
250		-	948.085, prostitution in violation of s. 944.30 (1m), traf-
251		-	ficking in violation of s. 940.302 (2) if s. 940.302 (2) (a)
252		-	1. b. applies, sexual exploitation of a child in violation of
253		-	s. 948.05, trafficking of a child in violation of s. 948.051,
254		-	or causing a child to view or listen to sexual activity in
255		-	violation of s. 948.055, if the information is necessary for
256		-	the care of the child or for the protection of any person liv-
257		-	ing in the foster home, group home, or residential care
258		-	center for children and youth or in the home of the rela-
259		-	tive or like−kin.
260		-	SECTION 20. 48.371 (5) of the statutes is amended to
261		-	read:
262		-	48.371 (5) Except as permitted under s. 252.15 (6),
263		-	a foster parent, relative, like−kin, or operator of a group − 4 −2023 Wisconsin Act 119 2023 Senate Bill 520
264		-	home or residential care center for children and youth
265		-	that receives any information under sub. (1) or (3), other
266		-	than the information described in sub. (3) (e), shall keep
267		-	the information confidential and may disclose that infor-
268		-	mation only for the purposes of providing care for the
269		-	child or participating in a court hearing or permanency
270		-	review concerning the child.
271		-	SECTION 20m. 48.38 (1) (ap) of the statutes is
272		-	repealed.
273		-	SECTION 21. 48.38 (2) (intro.) of the statutes is
274		-	amended to read:
275		-	48.38 (2) PERMANENCY PLAN REQUIRED. (intro.)
276		-	Except as provided in sub. (3), for each child living in a
277		-	foster home, group home, residential care center for chil-
278		-	dren and youth, juvenile detention facility, shelter care
279		-	facility, qualifying residential family−based treatment
280		-	facility with a parent, or supervised independent living
281		-	arrangement, the agency that placed the child or arranged
282		-	the placement or the agency assigned primary responsi-
283		-	bility for providing services to the child under s. 48.355
284		-	(2) (b) 6g. shall prepare a written permanency plan, if any
285		-	of the following conditions exists, and, for each child liv-
286		-	ing in the home of a guardian or, a relative other than a
287		-	parent, or like−kin, that agency shall prepare a written
288		-	permanency plan, if any of the conditions specified in
289		-	pars. (a) to (e) exists:
290		-	SECTION 22. 48.38 (3m) (a) of the statutes is amended
291		-	to read:
292		-	48.38 (3m) (a) All appropriate biological family
293		-	members, relatives, and like−kin of the child, as
294		-	determined by the agency. Notwithstanding s. 48.02
295		-	(12c), in this paragraph, “like−kin” may include an indi-
296		-	vidual who is or previously was the child’s licensed foster
297		-	parent.
298		-	SECTION 23. 48.38 (4) (f) (intro.) of the statutes is
299		-	amended to read:
300		-	48.38 (4) (f) (intro.) A description of the services that
301		-	will be provided to the child, the child’s family, and the
302		-	child’s foster parent, the operator of the facility where the
303		-	child is living, or the relative or like−kin with whom the
304		-	child is living to carry out the dispositional order, includ-
305		-	ing services planned to accomplish all of the following:
306		-	SECTION 24. 48.38 (4m) (b) of the statutes is
307		-	amended to read:
308		-	48.38 (4m) (b) At least 10 days before the date of the
309		-	hearing the court shall notify the child; any parent,
310		-	guardian, and legal custodian of the child; any foster par-
311		-	ent, or other physical custodian described in s. 48.62 (2)
312		-	of the child, the operator of the facility in which the child
313		-	is living, or the relative or like−kin with whom the child
314		-	is living; and, if the child is an Indian child, the Indian
315		-	child’s Indian custodian and tribe of the time, place, and
316		-	purpose of the hearing, of the issues to be determined at
317		-	the hearing, and of the fact that they shall have a right to
318		-	be heard at the hearing.
319		-	SECTION 25. 48.38 (4m) (d) of the statutes is
320		-	amended to read:
321		-	48.38 (4m) (d) The court shall give a foster parent,
322		-	other physical custodian described in s. 48.62 (2), opera-
323		-	tor of a facility, or relative, or like−kin who is notified of
324		-	a hearing under par. (b) a right to be heard at the hearing
325		-	by permitting the foster parent, other physical custodian,
326		-	operator, or relative, or like−kin to make a written or oral
327		-	statement during the hearing, or to submit a written state-
328		-	ment prior to the hearing, relevant to the issues to be
329		-	determined at the hearing. The foster parent, other physi-
330		-	cal custodian, operator of a facility, or relative, or like−
331		-	kin does not become a party to the proceeding on which
332		-	the hearing is held solely on the basis of receiving that
333		-	notice and right to be heard.
334		-	SECTION 26. 48.38 (5) (b) of the statutes is amended
335		-	to read:
336		-	48.38 (5) (b) The court or the agency shall notify the
337		-	child; the child’s parent, guardian, and legal custodian;
338		-	the child’s foster parent, the operator of the facility in
339		-	which the child is living, or the relative or like−kin with
340		-	whom the child is living; and, if the child is an Indian
341		-	child who is placed outside the home of his or her parent
342		-	or Indian custodian, the Indian child’s Indian custodian
343		-	and tribe of the time, place, and purpose of the review, of
344		-	the issues to be determined as part of the review, and of
345		-	the fact that they shall have a right to be heard at the
346		-	review as provided in par. (bm) 1. The court or agency
347		-	shall notify the person representing the interests of the
348		-	public, the child’s counsel, the child’s guardian ad litem,
349		-	the child’s court−appointed special advocate, and the
350		-	child’s school of the time, place, and purpose of the
351		-	review, of the issues to be determined as part of the
352		-	review, and of the fact that they may have an opportunity
353		-	to be heard at the review as provided in par. (bm) 1. The
354		-	notices under this paragraph shall be provided in writing
355		-	not less than 30 days before the review and copies of the
356		-	notices shall be filed in the child’s case record. The notice
357		-	to the child’s school shall also include the name and con-
358		-	tact information for the caseworker or social worker
359		-	assigned to the child’s case.
360		-	SECTION 27. 48.38 (5) (bm) 1. of the statutes is
361		-	amended to read:
362		-	48.38 (5) (bm) 1. A child, parent, guardian, legal cus-
363		-	todian, foster parent, operator of a facility, or relative, or
364		-	like−kin who is provided notice of the review under par.
365		-	(b) shall have a right to be heard at the review by submit-
366		-	ting written comments relevant to the determinations
367		-	specified in par. (c) not less than 10 working days before
368		-	the date of the review or by participating at the review.
369		-	A person representing the interests of the public, counsel,
370		-	guardian ad litem, court−appointed special advocate, or
371		-	school who is provided notice of the review under par. (b)
372		-	may have an opportunity to be heard at the review by sub-
373		-	mitting written comments relevant to the determinations − 5 − 2023 Wisconsin Act 119 2023 Senate Bill 520
374		-	specified in par. (c) not less than 10 working days before
375		-	the date of the review. A foster parent, operator of a facil-
376		-	ity, or relative, or like−kin who receives notice of a
377		-	review under par. (b) and a right to be heard under this
378		-	subdivision does not become a party to the proceeding on
379		-	which the review is held solely on the basis of receiving
380		-	that notice and right to be heard.
381		-	SECTION 28. 48.38 (5) (e) of the statutes is amended
382		-	to read:
383		-	48.38 (5) (e) Within 30 days, the agency shall prepare
384		-	a written summary of the determinations under par. (c)
385		-	and shall provide a copy to the court that entered the
386		-	order; the child or the child’s counsel or guardian ad
387		-	litem; the person representing the interests of the public;
388		-	the child’s parent, guardian, or legal custodian; the
389		-	child’s court−appointed special advocate; the child’s fos-
390		-	ter parent, the operator of the facility where the child is
391		-	living, or the relative or like−kin with whom the child is
392		-	living; and, if the child is an Indian child who is placed
393		-	outside the home of his or her parent or Indian custodian,
394		-	the Indian child’s Indian custodian and tribe.
395		-	SECTION 29. 48.38 (5m) (b) of the statutes is
396		-	amended to read:
397		-	48.38 (5m) (b) The court shall notify the child; the
398		-	child’s parent, guardian, and legal custodian; and the
399		-	child’s foster parent, the operator of the facility in which
400		-	the child is living, or the relative or like−kin with whom
401		-	the child is living of the time, place, and purpose of the
402		-	hearing, of the issues to be determined at the hearing, and
403		-	of the fact that they shall have a right to be heard at the
404		-	hearing as provided in par. (c) 1. The court shall notify
405		-	the child’s counsel, the child’s guardian ad litem, and the
406		-	child’s court−appointed special advocate; the agency that
407		-	prepared the permanency plan; the child’s school; the
408		-	person representing the interests of the public; and, if the
409		-	child is an Indian child who is placed outside the home of
410		-	his or her parent or Indian custodian, the Indian child’s
411		-	Indian custodian and tribe of the time, place, and purpose
412		-	of the hearing, of the issues to be determined at the hear-
413		-	ing, and of the fact that they may have an opportunity to
414		-	be heard at the hearing as provided in par. (c) 1. The
415		-	notices under this paragraph shall be provided in writing
416		-	not less than 30 days before the hearing. The notice to the
417		-	child’s school shall also include the name and contact
418		-	information for the caseworker or social worker assigned
419		-	to the child’s case.
420		-	SECTION 30. 48.38 (5m) (c) 1. of the statutes is
421		-	amended to read:
422		-	48.38 (5m) (c) 1. A child, parent, guardian, legal cus-
423		-	todian, foster parent, operator of a facility, or relative, or
424		-	like−kin who is provided notice of the hearing under par.
425		-	(b) shall have a right to be heard at the hearing by submit-
426		-	ting written comments relevant to the determinations
427		-	specified in sub. (5) (c) not less than 10 working days
428		-	before the date of the hearing or by participating at the
429		-	hearing. A counsel, guardian ad litem, court−appointed
430		-	special advocate, agency, school, or person representing
431		-	the interests of the public who is provided notice of the
432		-	hearing under par. (b) may have an opportunity to be
433		-	heard at the hearing by submitting written comments rel-
434		-	evant to the determinations specified in sub. (5) (c) not
435		-	less than 10 working days before the date of the hearing
436		-	or by participating at the hearing. A foster parent, opera-
437		-	tor of a facility, or relative, or like−kin who receives
438		-	notice of a hearing under par. (b) and a right to be heard
439		-	under this subdivision does not become a party to the pro-
440		-	ceeding on which the hearing is held solely on the basis
	300	+	SECTION 13. 48.345 (4) (a) of the statutes is amended to read:
	301	+	48.345 (4) (a) A relative or like-kin of the child.
	302	+	SECTION 14. 48.355 (4) (b) (intro.) of the statutes is amended to read:
	303	+	48.355 (4) (b) (intro.) Except as provided under s. 48.368, an order under this
	304	+	section or s. 48.357 or 48.365 made before the child reaches 18 years of age that places
	305	+	or continues the placement of the child in a foster home, group home, or residential
	306	+	care center for children and youth, in the home of a relative other than a parent, in
	307	+	the home of like-kin, or in a supervised independent living arrangement shall
	308	+	terminate on the latest of the following dates, unless the judge specifies a shorter
	309	+	period or the judge terminates the order sooner:
	310	+	SECTION 15. 48.366 (1) (a) of the statutes is amended to read:
	311	+	48.366 (1) (a) The person is placed in a foster home, group home, or residential
	312	+	care center for children and youth, in the home of a relative other than a parent, in
	313	+	the home of like-kin, or in a supervised independent living arrangement under an
	314	+	order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4)
	315	+	(b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the
	316	+	person attains 18 years of age.
	317	+	SECTION 16. 48.371 (1) (intro.) of the statutes is amended to read:
	318	+	1
	319	+	2
	320	+	3
	321	+	4
	322	+	5
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	343	+	EHS:wlj&amn
	344	+	SECTION 16 SENATE BILL 520
	345	+	48.371 (1) (intro.) If a child is placed in a foster home, group home, or
	346	+	residential care center for children and youth or in the home of a relative other than
	347	+	a parent or in the home of like-kin, including a placement under s. 48.205 or 48.21,
	348	+	the agency, as defined in s. 48.38 (1) (a), that placed the child or arranged for the
	349	+	placement of the child shall provide the following information to the foster parent,
	350	+	relative, like-kin, or operator of the group home or residential care center for
	351	+	children and youth at the time of placement or, if the information has not been
	352	+	provided to the agency by that time, as soon as possible after the date on which the
	353	+	agency receives that information, but not more than 2 working days after that date:
	354	+	SECTION 17. 48.371 (1) (a) of the statutes is amended to read:
	355	+	48.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the child,
	356	+	as provided under s. 252.15 (3m) (d) 15., including results included in a court report
	357	+	or permanency plan. At the time that the HIV test results are provided, the agency
	358	+	shall notify the foster parent, relative, like-kin, or operator of the group home or
	359	+	residential care center for children and youth of the confidentiality requirements
	360	+	under s. 252.15 (6).
	361	+	SECTION 18. 48.371 (3) (intro.) of the statutes is amended to read:
	362	+	48.371 (3) (intro.) At the time of placement of a child in a foster home, group
	363	+	home, or residential care center for children and youth or in the home of a relative
	364	+	other than a parent or in the home of like-kin or, if the information is not available
	365	+	at that time, as soon as possible after the date on which the court report or
	366	+	permanency plan has been submitted, but no later than 7 days after that date, the
	367	+	agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency
	368	+	plan shall provide to the foster parent, relative, like-kin, or operator of the group
	369	+	home or residential care center for children and youth information contained in the
	370	+	1
	371	+	2
	372	+	3
	373	+	4
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	395	+	LRB-4019/1
	396	+	EHS:wlj&amn
	397	+	SECTION 18
	398	+	SENATE BILL 520
	399	+	court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2), or 48.837
	400	+	(4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5)
	401	+	(c), 48.63 (4) or (5) (c), or 48.831 (4) (e) relating to findings or opinions of the court or
	402	+	agency that prepared the court report or permanency plan relating to any of the
	403	+	following:
	404	+	SECTION 19. 48.371 (3) (d) of the statutes is amended to read:
	405	+	48.371 (3) (d) Any involvement of the child, whether as victim or perpetrator,
	406	+	in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or
	407	+	948.085, prostitution in violation of s. 944.30 (1m), trafficking in violation of s.
	408	+	940.302 (2) if s. 940.302 (2) (a) 1. b. applies, sexual exploitation of a child in violation
	409	+	of s. 948.05, trafficking of a child in violation of s. 948.051, or causing a child to view
	410	+	or listen to sexual activity in violation of s. 948.055, if the information is necessary
	411	+	for the care of the child or for the protection of any person living in the foster home,
	412	+	group home, or residential care center for children and youth or in the home of the
	413	+	relative or like-kin.
	414	+	SECTION 20. 48.371 (5) of the statutes is amended to read:
	415	+	48.371 (5) Except as permitted under s. 252.15 (6), a foster parent, relative,
	416	+	like-kin, or operator of a group home or residential care center for children and youth
	417	+	that receives any information under sub. (1) or (3), other than the information
	418	+	described in sub. (3) (e), shall keep the information confidential and may disclose that
	419	+	information only for the purposes of providing care for the child or participating in
	420	+	a court hearing or permanency review concerning the child.
	421	+	SECTION 21. 48.38 (2) (intro.) of the statutes is amended to read:
	422	+	48.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3),
	423	+	for each child living in a foster home, group home, residential care center for children
	424	+	1
	425	+	2
	426	+	3
	427	+	4
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	449	+	EHS:wlj&amn
	450	+	SECTION 21 SENATE BILL 520
	451	+	and youth, juvenile detention facility, shelter care facility, qualifying residential
	452	+	family-based treatment facility with a parent, or supervised independent living
	453	+	arrangement, the agency that placed the child or arranged the placement or the
	454	+	agency assigned primary responsibility for providing services to the child under s.
	455	+	48.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following
	456	+	conditions exists, and, for each child living in the home of a guardian or, a relative
	457	+	other than a parent, or like-kin, that agency shall prepare a written permanency
	458	+	plan, if any of the conditions specified in pars. (a) to (e) exists:
	459	+	SECTION 22. 48.38 (3m) (a) of the statutes is amended to read:
	460	+	48.38 (3m) (a) All appropriate biological family members, relatives, and
	461	+	like-kin of the child, as determined by the agency. Notwithstanding s. 48.02 (12c),
	462	+	in this paragraph, “like-kin” may include an individual who is or previously was the
	463	+	child's licensed foster parent.
	464	+	SECTION 23. 48.38 (4) (f) (intro.) of the statutes is amended to read:
	465	+	48.38 (4) (f) (intro.) A description of the services that will be provided to the
	466	+	child, the child's family, and the child's foster parent, the operator of the facility
	467	+	where the child is living, or the relative or like-kin with whom the child is living to
	468	+	carry out the dispositional order, including services planned to accomplish all of the
	469	+	following:
	470	+	SECTION 24. 48.38 (4m) (b) of the statutes is amended to read:
	471	+	48.38 (4m) (b) At least 10 days before the date of the hearing the court shall
	472	+	notify the child; any parent, guardian, and legal custodian of the child; any foster
	473	+	parent, or other physical custodian described in s. 48.62 (2) of the child, the operator
	474	+	of the facility in which the child is living, or the relative or like-kin with whom the
	475	+	child is living; and, if the child is an Indian child, the Indian child's Indian custodian
	476	+	1
	477	+	2
	478	+	3
	479	+	4
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	501	+	LRB-4019/1
	502	+	EHS:wlj&amn
	503	+	SECTION 24
	504	+	SENATE BILL 520
	505	+	and tribe of the time, place, and purpose of the hearing, of the issues to be determined
	506	+	at the hearing, and of the fact that they shall have a right to be heard at the hearing.
	507	+	SECTION 25. 48.38 (4m) (d) of the statutes is amended to read:
	508	+	48.38 (4m) (d) The court shall give a foster parent, other physical custodian
	509	+	described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified
	510	+	of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
	511	+	parent, other physical custodian, operator, or relative, or like-kin to make a written
	512	+	or oral statement during the hearing, or to submit a written statement prior to the
	513	+	hearing, relevant to the issues to be determined at the hearing. The foster parent,
	514	+	other physical custodian, operator of a facility, or relative, or like-kin does not
	515	+	become a party to the proceeding on which the hearing is held solely on the basis of
	516	+	receiving that notice and right to be heard.
	517	+	SECTION 26. 48.38 (5) (b) of the statutes is amended to read:
	518	+	48.38 (5) (b) The court or the agency shall notify the child; the child's parent,
	519	+	guardian, and legal custodian; the child's foster parent, the operator of the facility
	520	+	in which the child is living, or the relative or like-kin with whom the child is living;
	521	+	and, if the child is an Indian child who is placed outside the home of his or her parent
	522	+	or Indian custodian, the Indian child's Indian custodian and tribe of the time, place,
	523	+	and purpose of the review, of the issues to be determined as part of the review, and
	524	+	of the fact that they shall have a right to be heard at the review as provided in par.
	525	+	(bm) 1. The court or agency shall notify the person representing the interests of the
	526	+	public, the child's counsel, the child's guardian ad litem, the child's court-appointed
	527	+	special advocate, and the child's school of the time, place, and purpose of the review,
	528	+	of the issues to be determined as part of the review, and of the fact that they may have
	529	+	an opportunity to be heard at the review as provided in par. (bm) 1. The notices under
	530	+	1
	531	+	2
	532	+	3
	533	+	4
	534	+	5
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	555	+	EHS:wlj&amn
	556	+	SECTION 26 SENATE BILL 520
	557	+	this paragraph shall be provided in writing not less than 30 days before the review
	558	+	and copies of the notices shall be filed in the child's case record. The notice to the
	559	+	child's school shall also include the name and contact information for the caseworker
	560	+	or social worker assigned to the child's case.
	561	+	SECTION 27. 48.38 (5) (bm) 1. of the statutes is amended to read:
	562	+	48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
	563	+	operator of a facility, or relative, or like-kin who is provided notice of the review
	564	+	under par. (b) shall have a right to be heard at the review by submitting written
	565	+	comments relevant to the determinations specified in par. (c) not less than 10
	566	+	working days before the date of the review or by participating at the review. A person
	567	+	representing the interests of the public, counsel, guardian ad litem, court-appointed
	568	+	special advocate, or school who is provided notice of the review under par. (b) may
	569	+	have an opportunity to be heard at the review by submitting written comments
	570	+	relevant to the determinations specified in par. (c) not less than 10 working days
	571	+	before the date of the review. A foster parent, operator of a facility, or relative, or
	572	+	like-kin who receives notice of a review under par. (b) and a right to be heard under
	573	+	this subdivision does not become a party to the proceeding on which the review is held
	574	+	solely on the basis of receiving that notice and right to be heard.
	575	+	SECTION 28. 48.38 (5) (e) of the statutes is amended to read:
	576	+	48.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
	577	+	the determinations under par. (c) and shall provide a copy to the court that entered
	578	+	the order; the child or the child's counsel or guardian ad litem; the person
	579	+	representing the interests of the public; the child's parent, guardian, or legal
	580	+	custodian; the child's court-appointed special advocate; the child's foster parent, the
	581	+	operator of the facility where the child is living, or the relative or like-kin with whom
	582	+	1
	583	+	2
	584	+	3
	585	+	4
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	607	+	LRB-4019/1
	608	+	EHS:wlj&amn
	609	+	SECTION 28
	610	+	SENATE BILL 520
	611	+	the child is living; and, if the child is an Indian child who is placed outside the home
	612	+	of his or her parent or Indian custodian, the Indian child's Indian custodian and tribe.
	613	+	SECTION 29. 48.38 (5m) (b) of the statutes is amended to read:
	614	+	48.38 (5m) (b) The court shall notify the child; the child's parent, guardian, and
	615	+	legal custodian; and the child's foster parent, the operator of the facility in which the
	616	+	child is living, or the relative or like-kin with whom the child is living of the time,
	617	+	place, and purpose of the hearing, of the issues to be determined at the hearing, and
	618	+	of the fact that they shall have a right to be heard at the hearing as provided in par.
	619	+	(c) 1. The court shall notify the child's counsel, the child's guardian ad litem, and the
	620	+	child's court-appointed special advocate; the agency that prepared the permanency
	621	+	plan; the child's school; the person representing the interests of the public; and, if the
	622	+	child is an Indian child who is placed outside the home of his or her parent or Indian
	623	+	custodian, the Indian child's Indian custodian and tribe of the time, place, and
	624	+	purpose of the hearing, of the issues to be determined at the hearing, and of the fact
	625	+	that they may have an opportunity to be heard at the hearing as provided in par. (c)
	626	+	1. The notices under this paragraph shall be provided in writing not less than 30
	627	+	days before the hearing. The notice to the child's school shall also include the name
	628	+	and contact information for the caseworker or social worker assigned to the child's
	629	+	case.
	630	+	SECTION 30. 48.38 (5m) (c) 1. of the statutes is amended to read:
	631	+	48.38 (5m) (c) 1. A child, parent, guardian, legal custodian, foster parent,
	632	+	operator of a facility, or relative, or like-kin who is provided notice of the hearing
	633	+	under par. (b) shall have a right to be heard at the hearing by submitting written
	634	+	comments relevant to the determinations specified in sub. (5) (c) not less than 10
	635	+	working days before the date of the hearing or by participating at the hearing. A
	636	+	1
	637	+	2
	638	+	3
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	661	+	EHS:wlj&amn
	662	+	SECTION 30 SENATE BILL 520
	663	+	counsel, guardian ad litem, court-appointed special advocate, agency, school, or
	664	+	person representing the interests of the public who is provided notice of the hearing
	665	+	under par. (b) may have an opportunity to be heard at the hearing by submitting
	666	+	written comments relevant to the determinations specified in sub. (5) (c) not less
	667	+	than 10 working days before the date of the hearing or by participating at the
	668	+	hearing. A foster parent, operator of a facility, or relative, or like-kin who receives
	669	+	notice of a hearing under par. (b) and a right to be heard under this subdivision does
	670	+	not become a party to the proceeding on which the hearing is held solely on the basis
441	671		of receiving that notice and right to be heard.
442		-	SECTION 31. 48.38 (5m) (e) of the statutes is amended
443		-	to read:
444		-	48.38 (5m) (e) After the hearing, the court shall make
445		-	written findings of fact and conclusions of law relating to
446		-	the determinations under sub. (5) (c) and shall provide a
447		-	copy of those findings of fact and conclusions of law to
448		-	the child; the child’s parent, guardian, and legal custo-
449		-	dian; the child’s foster parent, the operator of the facility
450		-	in which the child is living, or the relative or like−kin with
451		-	whom the child is living; the child’s court−appointed spe-
452		-	cial advocate; the agency that prepared the permanency
453		-	plan; the person representing the interests of the public;
454		-	and, if the child is an Indian child who is placed outside
455		-	the home of his or her parent or Indian custodian, the
456		-	Indian child’s Indian custodian and tribe. The court shall
457		-	make the findings specified in sub. (5) (c) 7. on a case−
458		-	by−case basis based on circumstances specific to the
459		-	child and shall document or reference the specific infor-
460		-	mation on which those findings are based in the findings
461		-	of fact and conclusions of law prepared under this para-
462		-	graph. Findings of fact and conclusions of law that
463		-	merely reference sub. (5) (c) 7. without documenting or
464		-	referencing that specific information in the findings of
465		-	fact and conclusions of law or amended findings of fact
466		-	and conclusions of law that retroactively correct earlier
467		-	findings of fact and conclusions of law that do not comply
468		-	with this paragraph are not sufficient to comply with this
469		-	paragraph.
470		-	SECTION 32. 48.385 (intro.) of the statutes is
471		-	amended to read:
472		-	48.385 Plan for transition to independent living.
473		-	(intro.) During the 90 days immediately before a child
474		-	who is placed in a foster home, group home, or residential
475		-	care center for children and youth, in the home of a rela-
476		-	tive other than a parent, in the home of like−kin, or in a
477		-	supervised independent living arrangement attains 18
478		-	years of age or, if the child is placed in such a placement
479		-	under an order under s. 48.355, 48.357, or 48.365 that ter-
480		-	minates under s. 48.355 (4) (b) after the child attains 18
481		-	years of age or under a voluntary transition−to−indepen-
482		-	dent−living agreement under s. 48.366 (3) that terminates
483		-	under s. 48.366 (3) (a) after the child attains 18 years of
484		-	age, during the 90 days immediately before the termina-
485		-	tion of the order or agreement, the agency primarily − 6 −2023 Wisconsin Act 119 2023 Senate Bill 520
486		-	responsible for providing services to the child under the
487		-	order or agreement shall do all of the following:
488		-	SECTION 33. 48.40 (1m) of the statutes is amended to
489		-	read:
490		-	48.40 (1m) “Kinship care relative provider” means
491		-	a person receiving payments under s. 48.57 (3m) (am) for
492		-	providing care and maintenance for a child.
493		-	SECTION 34. 48.427 (3m) (a) 5. of the statutes is
494		-	amended to read:
495		-	48.427 (3m) (a) 5. A relative with whom the child
496		-	resides, if the relative has filed a petition to adopt the
497		-	child or if the relative is a kinship care relative provider
498		-	or is receiving payments under s. 48.62 (4) for providing
499		-	care and maintenance for the child.
500		-	SECTION 35. 48.43 (5) (b) 1. of the statutes is
501		-	amended to read:
502		-	48.43 (5) (b) 1. The court shall hold a hearing to
503		-	review the permanency plan within 30 days after receiv-
504		-	ing a report under par. (a). At least 10 days before the date
505		-	of the hearing, the court shall provide notice of the time,
506		-	place, and purpose of the hearing to the agency that pre-
507		-	pared the report, the child’s guardian, the child, and the
508		-	child’s foster parent, the operator of the facility in which
509		-	the child is living, or the relative or like−kin with whom
510		-	the child is living.
511		-	SECTION 36. 48.43 (5) (b) 3. of the statutes is
512		-	amended to read:
513		-	48.43 (5) (b) 3. The court shall give a foster parent,
514		-	operator of a facility, or relative or like−kin who is noti-
515		-	fied of a hearing under subd. 1. a right to be heard at the
516		-	hearing by permitting the foster parent, operator, or rela-
517		-	tive or like−kin to make a written or oral statement during
518		-	the hearing, or to submit a written statement prior to the
519		-	hearing, relevant to the issues to be determined at the
520		-	hearing. The foster parent, operator of a facility, or rela-
521		-	tive or like−kin does not become a party to the proceeding
522		-	on which the hearing is held solely on the basis of receiv-
523		-	ing that notice and right to be heard.
524		-	SECTION 37. 48.43 (5m) of the statutes is amended to
525		-	read:
526		-	48.43 (5m) Either the court or the agency that pre-
527		-	pared the permanency plan shall furnish a copy of the
528		-	original plan and each revised plan to the child, if he or
529		-	she is 12 years of age or over, to the child’s guardian, to
530		-	the child’s foster parent, the operator of the facility in
531		-	which the child is living, or the relative or like−kin with
532		-	whom the child is living, and, if the order under sub. (1)
533		-	involuntarily terminated parental rights to an Indian
534		-	child, to the Indian child’s tribe.
535		-	SECTION 38. 48.57 (3m) (a) 1. b. of the statutes is
536		-	amended to read:
537		-	48.57 (3m) (a) 1. b. The person is under 21 years of
538		-	age, the person is a full−time student in good academic
539		-	standing at a secondary school or its vocational or techni-
540		-	cal equivalent, an individualized education program
541		-	under s. 115.787 is in effect for the person, and the person
542		-	is placed in the home of the kinship care relative provider
543		-	under an order under s. 48.355, 48.357, 48.365, 938.355,
544		-	938.357, or 938.365 that terminates under s. 48.355 (4)
545		-	(b) or 938.355 (4) (am) after the person attains 18 years
546		-	of age or under a voluntary transition−to−independent−
547		-	living agreement under s. 48.366 (3) or 938.366 (3).
548		-	SECTION 39. 48.57 (3m) (a) 2. of the statutes is
549		-	amended to read:
550		-	48.57 (3m) (a) 2. “Kinship care relative provider”
551		-	means a relative other than a parent, an extended family
552		-	member, as defined in s. 48.028 (2) (am), or like−kin.
553		-	SECTION 40. 48.57 (3m) (am) (intro.) of the statutes,
554		-	as affected by Wisconsin Act 19, is amended to read:
555		-	48.57 (3m) (am) (intro.) From the appropriations
556		-	under s. 20.437 (2) (dz), (md), (me), and (s), the depart-
557		-	ment shall reimburse counties having populations of less
558		-	than 750,000 for payments made under this subsection
559		-	and shall make payments under this subsection in a
560		-	county having a population of 750,000 or more. Subject
561		-	to par. (ap), a county department and, in a county having
562		-	a population of 750,000 or more, the department shall
563		-	make payments per month in the amount of $375 begin-
564		-	ning on January 1, 2024, to a kinship care relative
565		-	provider who is providing care and maintenance for a
566		-	child if all of the following conditions are met:
567		-	SECTION 41. 48.57 (3m) (am) 1. of the statutes is
568		-	amended to read:
569		-	48.57 (3m) (am) 1. The kinship care relative provider
570		-	applies to the county department or department for pay-
571		-	ments under this subsection and, if the child is placed in
572		-	the home of the kinship care relative provider under a
573		-	court order, other than a court order under s. 48.9795 or
574		-	ch. 54, 2017 stats., for a license to operate a foster home.
575		-	SECTION 42. 48.57 (3m) (am) 1m. of the statutes is
576		-	amended to read:
577		-	48.57 (3m) (am) 1m. The county department or
578		-	department determines that there is a need for the child
579		-	to be placed with the kinship care relative provider and
580		-	that the placement with the kinship care relative provider
581		-	is in the best interests of the child.
582		-	SECTION 43. 48.57 (3m) (am) 4. of the statutes is
583		-	amended to read:
584		-	48.57 (3m) (am) 4. The county department or depart-
585		-	ment conducts a background investigation under sub.
586		-	(3p) of the kinship care relative provider, any employee
587		-	and prospective employee of the kinship care relative
588		-	provider who has or would have regular contact with the
589		-	child for whom the payments would be made and any
590		-	other adult resident of the kinship care relative’s
591		-	provider’s home to determine if the kinship care relative
592		-	provider, employee, prospective employee or adult resi-
593		-	dent has any arrests or convictions that could adversely
594		-	affect the child or the kinship care relative’s provider’s
595		-	ability to care for the child.
596		-	SECTION 44. 48.57 (3m) (am) 4m. of the statutes is
597		-	amended to read: − 7 − 2023 Wisconsin Act 119 2023 Senate Bill 520
598		-	48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and
599		-	2., the kinship care relative provider states that he or she
600		-	does not have any arrests or convictions that could
601		-	adversely affect the child or the kinship care relative’s
602		-	provider’s ability to care for the child and that no adult
603		-	resident, as defined in sub. (3p) (a), and no employee or
604		-	prospective employee of the kinship care relative
605		-	provider who would have regular contact with the child
606		-	has any arrests or convictions that could adversely affect
607		-	the child or the kinship care relative’s provider’s ability
608		-	to care for the child.
609		-	SECTION 45. 48.57 (3m) (am) 5. of the statutes is
610		-	amended to read:
611		-	48.57 (3m) (am) 5. The kinship care relative provider
612		-	cooperates with the county department or department in
613		-	the application process, including applying for other
614		-	forms of assistance for which the child may be eligible.
615		-	SECTION 46. 48.57 (3m) (am) 5m. of the statutes is
616		-	amended to read:
617		-	48.57 (3m) (am) 5m. The kinship care relative
618		-	provider is not receiving payments under sub. (3n) with
619		-	respect to the child.
620		-	SECTION 47. 48.57 (3m) (am) 6. of the statutes is
621		-	amended to read:
622		-	48.57 (3m) (am) 6. The child for whom the kinship
623		-	care relative provider is providing care and maintenance
624		-	is not receiving supplemental security income under 42
625		-	USC 1381 to 1383c or state supplemental payments
626		-	under s. 49.77.
627		-	SECTION 48. 48.57 (3m) (ap) 1. of the statutes is
628		-	amended to read:
629		-	48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the
630		-	county department or, in a county having a population of
631		-	750,000 or more, the department may make payments
632		-	under par. (am) to a kinship care relative provider who is
633		-	providing care and maintenance for a child who is placed
634		-	in the home of the kinship care relative provider under a
635		-	court order for no more than 60 days after the date on
636		-	which the county department or department received
637		-	under par. (am) 1. the completed application of the kin-
638		-	ship care relative provider for a license to operate a foster
639		-	home or, if the application is approved or denied or the
640		-	kinship care relative provider is otherwise determined to
641		-	be ineligible for licensure within those 60 days, until the
642		-	date on which the application is approved or denied or the
643		-	kinship care relative provider is otherwise determined to
644		-	be ineligible for licensure.
645		-	SECTION 49. 48.57 (3m) (ap) 2. of the statutes is
646		-	amended to read:
647		-	48.57 (3m) (ap) 2. If the application specified in
648		-	subd. 1. is not approved or denied or the kinship care rela-
649		-	tive provider is not otherwise determined to be ineligible
650		-	for licensure within 60 days after the date on which the
651		-	county department or department received the completed
652		-	application for any reason other than an act or omission
653		-	of the kinship care relative provider, the county depart-
654		-	ment or department may make payments under par. (am)
655		-	for 4 months after the date on which the county depart-
656		-	ment or department received the completed application
657		-	or, if the application is approved or denied or the kinship
658		-	care relative provider is otherwise determined to be ineli-
659		-	gible for licensure within those 4 months, until the date
660		-	on which the application is approved or denied or the kin-
661		-	ship care relative provider is otherwise determined to be
662		-	ineligible for licensure.
663		-	SECTION 50. 48.57 (3m) (ap) 3. of the statutes is
664		-	amended to read:
665		-	48.57 (3m) (ap) 3. Notwithstanding that an applica-
666		-	tion of a kinship care relative provider specified in subd.
667		-	1. is denied or the kinship care relative provider is other-
668		-	wise determined to be ineligible for licensure, the county
669		-	department or, in a county having a population of
670		-	750,000 or more, the department may make payments
671		-	under par. (am) to the kinship care relative provider for
672		-	as long as the conditions specified in par. (am) 1. to 6.
673		-	continue to apply if the county department or department
674		-	submits to the court information relating to the back-
675		-	ground investigation specified in par. (am) 4., an assess-
676		-	ment of the safety of the kinship care relative’s provider’s
677		-	home and the ability of the kinship care relative provider
678		-	to care for the child, and a recommendation that the child
679		-	remain in the home of the kinship care relative provider
680		-	and the court, after considering that information, assess-
681		-	ment, and recommendation, orders the child to remain in
682		-	the kinship care relative’s provider’s home. If the court
683		-	does not order the child to remain in the kinship care rela-
684		-	tive’s provider’s home, the court shall order the county
685		-	department or department to request a change in place-
686		-	ment under s. 48.357 (1) (am) or 938.357 (1) (am). Any
687		-	person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a)
688		-	may also request a change in placement.
689		-	SECTION 51. 48.57 (3m) (b) 2. of the statutes is
690		-	amended to read:
691		-	48.57 (3m) (b) 2. When any kinship care relative
692		-	provider of a child applies for or receives payments under
693		-	this subsection, any right of the child or the child’s parent
694		-	to support or maintenance from any other person accru-
695		-	ing during the time that payments are made under this
696		-	subsection is assigned to the state. If a child who is the
697		-	beneficiary of a payment under this subsection is also the
698		-	beneficiary of support under a judgment or order that
699		-	includes support for one or more children who are not the
700		-	beneficiaries of payments under this subsection, any sup-
701		-	port payment made under the judgment or order is
702		-	assigned to the state in the amount that is the proportion-
703		-	ate share of the child who is the beneficiary of the pay-
704		-	ment made under this subsection, except as otherwise
705		-	ordered by the court on the motion of a party.
706		-	SECTION 52. 48.57 (3m) (cm) of the statutes is
707		-	amended to read:
708		-	48.57 (3m) (cm) A kinship care relative provider
709		-	who receives a payment under par. (am) for providing − 8 −2023 Wisconsin Act 119 2023 Senate Bill 520
710		-	care and maintenance for a child is not eligible to receive
711		-	a payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or
712		-	(6) for that child.
713		-	SECTION 53. 48.57 (3m) (h) of the statutes is
714		-	amended to read:
715		-	48.57 (3m) (h) A county department or, in a county
716		-	having a population of 750,000 or more, the department
717		-	may recover an overpayment made under par. (am) from
718		-	a kinship care relative provider who continues to receive
719		-	payments under par. (am) by reducing the amount of the
720		-	kinship care relative’s provider’s monthly payment. The
721		-	department may by rule specify other methods for recov-
722		-	ering overpayments made under par. (am). A county
723		-	department that recovers an overpayment under this
724		-	paragraph due to the efforts of its officers and employees
725		-	may retain a portion of the amount recovered, as provided
726		-	by the department by rule.
727		-	SECTION 54. 48.57 (3m) (i) 1. of the statutes is
728		-	amended to read:
729		-	48.57 (3m) (i) 1. Rules to provide assessment criteria
730		-	for determining whether a kinship care relative provider
731		-	who is providing care and maintenance for a child is eligi-
732		-	ble to receive payments under par. (am). The rules shall
733		-	also provide that any criteria established under the rules
734		-	shall first apply to applications for payments under par.
735		-	(am) received, and to reviews under par. (d) conducted,
736		-	on the effective date of those rules.
737		-	SECTION 55. 48.57 (3n) (a) 1. b. of the statutes is
738		-	amended to read:
739		-	48.57 (3n) (a) 1. b. The person is under 21 years of
740		-	age, the person is a full−time student in good academic
741		-	standing at a secondary school or its vocational or techni-
742		-	cal equivalent, an individualized education program
743		-	under s. 115.787 is in effect for the person, and the person
744		-	is placed in the home of the long−term kinship care rela-
745		-	tive provider under an order under s. 48.355, 48.357,
746		-	48.365, 938.355, 938.357, or 938.365 that terminates
747		-	under s. 48.355 (4) (b) or 938.355 (4) (am) after the per-
748		-	son attains 18 years of age or under a voluntary transi-
749		-	tion−to−independent−living agreement under s. 48.366
750		-	(3) or 938.366 (3).
751		-	SECTION 56. 48.57 (3n) (a) 2. of the statutes is
752		-	amended to read:
753		-	48.57 (3n) (a) 2. “Long−term kinship care relative
754		-	provider” means a relative other than a parent, an
755		-	extended family member, as defined in s. 48.028 (2)
756		-	(am), or like−kin.
757		-	SECTION 57. 48.57 (3n) (am) (intro.) of the statutes,
758		-	as affected by Wisconsin Act 19, is amended to read:
759		-	48.57 (3n) (am) (intro.) From the appropriations
760		-	under s. 20.437 (2) (dz), (md), (me), and (s), the depart-
761		-	ment shall reimburse counties having populations of less
762		-	than 750,000 for payments made under this subsection
763		-	and shall make payments under this subsection in a
764		-	county having a population of 750,000 or more. Subject
765		-	to par. (ap), a county department and, in a county having
766		-	a population of 750,000 or more, the department shall
767		-	make monthly payments for each child per month in the
768		-	amount of $375 beginning on January 1, 2024, to a long−
769		-	term kinship care relative provider who is providing care
770		-	and maintenance for that child if all of the following con-
771		-	ditions are met:
772		-	SECTION 58. 48.57 (3n) (am) 1. of the statutes is
773		-	amended to read:
774		-	48.57 (3n) (am) 1. The long−term kinship care rela-
775		-	tive provider applies to the county department or depart-
776		-	ment for payments under this subsection, provides proof
777		-	that he or she has been appointed as the guardian of the
778		-	child, and, if the child is placed in the home of the long−
779		-	term kinship care relative provider under a court order,
780		-	other than a court order under s. 48.9795 or ch. 54, 2017
781		-	stats., applies to the county department or department for
782		-	a license to operate a foster home.
783		-	SECTION 59. 48.57 (3n) (am) 2. of the statutes is
784		-	amended to read:
785		-	48.57 (3n) (am) 2. The county department or depart-
786		-	ment inspects the long−term kinship care relative’s
787		-	provider’s home, interviews the long−term kinship care
788		-	relative provider and determines that long−term place-
789		-	ment with the long−term kinship care relative provider is
790		-	in the best interests of the child.
791		-	SECTION 60. 48.57 (3n) (am) 4. of the statutes is
792		-	amended to read:
793		-	48.57 (3n) (am) 4. The county department or depart-
794		-	ment conducts a background investigation under sub.
795		-	(3p) of the long−term kinship care relative provider, the
796		-	employees and prospective employees of the long−term
797		-	kinship care relative provider who have or would have
798		-	regular contact with the child for whom the payments
799		-	would be made and any other adult resident, as defined
800		-	in sub. (3p) (a), of the long−term kinship care relative’s
801		-	provider’s home to determine if the long−term kinship
802		-	care relative provider, employee, prospective employee
803		-	or adult resident has any arrests or convictions that are
804		-	likely to adversely affect the child or the long−term kin-
805		-	ship care relative’s provider’s ability to care for the child.
806		-	SECTION 61. 48.57 (3n) (am) 4m. of the statutes is
807		-	amended to read:
808		-	48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and
809		-	2m., the long−term kinship care relative provider states
810		-	that he or she does not have any arrests or convictions that
811		-	could adversely affect the child or the long−term kinship
812		-	care relative’s provider’s ability to care for the child and
813		-	that, to the best of the long−term kinship care relative’s
814		-	provider’s knowledge, no adult resident, as defined in
815		-	sub. (3p) (a), and no employee or prospective employee
816		-	of the long−term kinship care relative provider who
817		-	would have regular contact with the child has any arrests
818		-	or convictions that could adversely affect the child or the
819		-	long−term kinship care relative’s provider’s ability to
820		-	care for the child. − 9 − 2023 Wisconsin Act 119 2023 Senate Bill 520
821		-	SECTION 62. 48.57 (3n) (am) 5. of the statutes is
822		-	amended to read:
823		-	48.57 (3n) (am) 5. The long−term kinship care rela-
824		-	tive provider cooperates with the county department or
825		-	department in the application process, including apply-
826		-	ing for other forms of assistance for which the child may
827		-	be eligible.
828		-	SECTION 63. 48.57 (3n) (am) 5m. of the statutes is
829		-	amended to read:
830		-	48.57 (3n) (am) 5m. The long−term kinship care rela-
831		-	tive provider is not receiving payments under sub. (3m)
832		-	with respect to the child.
833		-	SECTION 64. 48.57 (3n) (am) 5r. of the statutes is
834		-	amended to read:
835		-	48.57 (3n) (am) 5r. The child for whom the long−
836		-	term kinship care relative provider is providing care and
837		-	maintenance is not receiving supplemental security
838		-	income under 42 USC 1381 to 1383c or state supplemen-
839		-	tal payments under s. 49.77.
840		-	SECTION 65. 48.57 (3n) (am) 6. (intro.) of the statutes
841		-	is amended to read:
842		-	48.57 (3n) (am) 6. (intro.) The long−term kinship
843		-	care relative provider and the county department or
844		-	department enter into a written agreement under which
845		-	the long−term kinship care relative provider agrees to
846		-	provide care and maintenance for the child and the
847		-	county department or department agrees, subject to sub.
848		-	(3p) (hm), to make monthly payments to the long−term
849		-	kinship care relative provider at the rate specified in sub.
850		-	(3m) (am) (intro.) until the earliest of the following:
851		-	SECTION 66. 48.57 (3n) (am) 6. c. of the statutes is
852		-	amended to read:
853		-	48.57 (3n) (am) 6. c. The date on which the child is
854		-	placed outside the long−term kinship care relative’s
855		-	provider’s home under a court order or under a voluntary
	672	+	SECTION 31. 48.38 (5m) (e) of the statutes is amended to read:
	673	+	48.38 (5m) (e) After the hearing, the court shall make written findings of fact
	674	+	and conclusions of law relating to the determinations under sub. (5) (c) and shall
	675	+	provide a copy of those findings of fact and conclusions of law to the child; the child's
	676	+	parent, guardian, and legal custodian; the child's foster parent, the operator of the
	677	+	facility in which the child is living, or the relative or like-kin with whom the child
	678	+	is living; the child's court-appointed special advocate; the agency that prepared the
	679	+	permanency plan; the person representing the interests of the public; and, if the child
	680	+	is an Indian child who is placed outside the home of his or her parent or Indian
	681	+	custodian, the Indian child's Indian custodian and tribe. The court shall make the
	682	+	findings specified in sub. (5) (c) 7. on a case-by-case basis based on circumstances
	683	+	specific to the child and shall document or reference the specific information on
	684	+	which those findings are based in the findings of fact and conclusions of law prepared
	685	+	under this paragraph. Findings of fact and conclusions of law that merely reference
	686	+	sub. (5) (c) 7. without documenting or referencing that specific information in the
	687	+	findings of fact and conclusions of law or amended findings of fact and conclusions
	688	+	1
	689	+	2
	690	+	3
	691	+	4
	692	+	5
	693	+	6
	694	+	7
	695	+	8
	696	+	9
	697	+	10
	698	+	11
	699	+	12
	700	+	13
	701	+	14
	702	+	15
	703	+	16
	704	+	17
	705	+	18
	706	+	19
	707	+	20
	708	+	21
	709	+	22
	710	+	23
	711	+	24
	712	+	25 - 15 -2023 - 2024 Legislature
	713	+	LRB-4019/1
	714	+	EHS:wlj&amn
	715	+	SECTION 31
	716	+	SENATE BILL 520
	717	+	of law that retroactively correct earlier findings of fact and conclusions of law that
	718	+	do not comply with this paragraph are not sufficient to comply with this paragraph.
	719	+	SECTION 32. 48.385 (intro.) of the statutes is amended to read:
	720	+	48.385 Plan for transition to independent living. (intro.) During the 90
	721	+	days immediately before a child who is placed in a foster home, group home, or
	722	+	residential care center for children and youth, in the home of a relative other than
	723	+	a parent, in the home of like-kin, or in a supervised independent living arrangement
	724	+	attains 18 years of age or, if the child is placed in such a placement under an order
	725	+	under s. 48.355, 48.357, or 48.365 that terminates under s. 48.355 (4) (b) after the
	726	+	child attains 18 years of age or under a voluntary transition-to-independent-living
	727	+	agreement under s. 48.366 (3) that terminates under s. 48.366 (3) (a) after the child
	728	+	attains 18 years of age, during the 90 days immediately before the termination of the
	729	+	order or agreement, the agency primarily responsible for providing services to the
	730	+	child under the order or agreement shall do all of the following:
	731	+	SECTION 33. 48.40 (1m) of the statutes is amended to read:
	732	+	48.40 (1m) “Kinship care relative provider" means a person receiving
	733	+	payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.
	734	+	SECTION 34. 48.427 (3m) (a) 5. of the statutes is amended to read:
	735	+	48.427 (3m) (a) 5. A relative with whom the child resides, if the relative has
	736	+	filed a petition to adopt the child or if the relative is a kinship care relative provider
	737	+	or is receiving payments under s. 48.62 (4) for providing care and maintenance for
	738	+	the child.
	739	+	SECTION 35. 48.43 (5) (b) 1. of the statutes is amended to read:
	740	+	48.43 (5) (b) 1. The court shall hold a hearing to review the permanency plan
	741	+	within 30 days after receiving a report under par. (a). At least 10 days before the date
	742	+	1
	743	+	2
	744	+	3
	745	+	4
	746	+	5
	747	+	6
	748	+	7
	749	+	8
	750	+	9
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	767	+	EHS:wlj&amn
	768	+	SECTION 35 SENATE BILL 520
	769	+	of the hearing, the court shall provide notice of the time, place, and purpose of the
	770	+	hearing to the agency that prepared the report, the child's guardian, the child, and
	771	+	the child's foster parent, the operator of the facility in which the child is living, or the
	772	+	relative or like-kin with whom the child is living.
	773	+	SECTION 36. 48.43 (5) (b) 3. of the statutes is amended to read:
	774	+	48.43 (5) (b) 3. The court shall give a foster parent, operator of a facility, or
	775	+	relative or like-kin who is notified of a hearing under subd. 1. a right to be heard at
	776	+	the hearing by permitting the foster parent, operator, or relative or like-kin to make
	777	+	a written or oral statement during the hearing, or to submit a written statement
	778	+	prior to the hearing, relevant to the issues to be determined at the hearing. The foster
	779	+	parent, operator of a facility, or relative or like-kin does not become a party to the
	780	+	proceeding on which the hearing is held solely on the basis of receiving that notice
	781	+	and right to be heard.
	782	+	SECTION 37. 48.43 (5m) of the statutes is amended to read:
	783	+	48.43 (5m) Either the court or the agency that prepared the permanency plan
	784	+	shall furnish a copy of the original plan and each revised plan to the child, if he or
	785	+	she is 12 years of age or over, to the child's guardian, to the child's foster parent, the
	786	+	operator of the facility in which the child is living, or the relative or like-kin with
	787	+	whom the child is living, and, if the order under sub. (1) involuntarily terminated
	788	+	parental rights to an Indian child, to the Indian child's tribe.
	789	+	SECTION 38. 48.57 (3m) (a) 1. b. of the statutes is amended to read:
	790	+	48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time
	791	+	student in good academic standing at a secondary school or its vocational or technical
	792	+	equivalent, an individualized education program under s. 115.787 is in effect for the
	793	+	person, and the person is placed in the home of the kinship care relative provider
	794	+	1
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	820	+	EHS:wlj&amn
	821	+	SECTION 38
	822	+	SENATE BILL 520
	823	+	under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that
	824	+	terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years
	825	+	of age or under a voluntary transition-to-independent-living agreement under s.
	826	+	48.366 (3) or 938.366 (3).
	827	+	SECTION 39. 48.57 (3m) (a) 2. of the statutes is amended to read:
	828	+	48.57 (3m) (a) 2. “Kinship care relative provider" means a relative other than
	829	+	a parent, an extended family member, as defined in s. 48.028 (2) (am), or like-kin.
	830	+	SECTION 40. 48.57 (3m) (am) (intro.) of the statutes, as affected by Wisconsin
	831	+	Act 19, is amended to read:
	832	+	48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
	833	+	(me), and (s), the department shall reimburse counties having populations of less
	834	+	than 750,000 for payments made under this subsection and shall make payments
	835	+	under this subsection in a county having a population of 750,000 or more. Subject
	836	+	to par. (ap), a county department and, in a county having a population of 750,000 or
	837	+	more, the department shall make payments per month in the amount of $375
	838	+	beginning on January 1, 2024, to a kinship care relative provider who is providing
	839	+	care and maintenance for a child if all of the following conditions are met:
	840	+	SECTION 41. 48.57 (3m) (am) 1. of the statutes is amended to read:
	841	+	48.57 (3m) (am) 1. The kinship care relative provider applies to the county
	842	+	department or department for payments under this subsection and, if the child is
	843	+	placed in the home of the kinship care relative provider under a court order, other
	844	+	than a court order under s. 48.9795 or ch. 54, 2017 stats., for a license to operate a
	845	+	foster home.
	846	+	SECTION 42. 48.57 (3m) (am) 1m. of the statutes is amended to read:
	847	+	1
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	872	+	SECTION 42 SENATE BILL 520
	873	+	48.57 (3m) (am) 1m. The county department or department determines that
	874	+	there is a need for the child to be placed with the kinship care relative provider and
	875	+	that the placement with the kinship care relative provider is in the best interests of
	876	+	the child.
	877	+	SECTION 43. 48.57 (3m) (am) 4. of the statutes is amended to read:
	878	+	48.57 (3m) (am) 4. The county department or department conducts a
	879	+	background investigation under sub. (3p) of the kinship care relative provider, any
	880	+	employee and prospective employee of the kinship care relative provider who has or
	881	+	would have regular contact with the child for whom the payments would be made and
	882	+	any other adult resident of the kinship care relative's provider's home to determine
	883	+	if the kinship care relative provider, employee, prospective employee or adult
	884	+	resident has any arrests or convictions that could adversely affect the child or the
	885	+	kinship care relative's provider's ability to care for the child.
	886	+	SECTION 44. 48.57 (3m) (am) 4m. of the statutes is amended to read:
	887	+	48.57 (3m) (am) 4m. Subject to sub. (3p) (fm) 1. and 2., the kinship care relative
	888	+	provider states that he or she does not have any arrests or convictions that could
	889	+	adversely affect the child or the kinship care relative's provider's ability to care for
	890	+	the child and that no adult resident, as defined in sub. (3p) (a), and no employee or
	891	+	prospective employee of the kinship care relative provider who would have regular
	892	+	contact with the child has any arrests or convictions that could adversely affect the
	893	+	child or the kinship care relative's provider's ability to care for the child.
	894	+	SECTION 45. 48.57 (3m) (am) 5. of the statutes is amended to read:
	895	+	48.57 (3m) (am) 5. The kinship care relative provider cooperates with the
	896	+	county department or department in the application process, including applying for
	897	+	other forms of assistance for which the child may be eligible.
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	925	+	SECTION 46
	926	+	SENATE BILL 520
	927	+	SECTION 46. 48.57 (3m) (am) 5m. of the statutes is amended to read:
	928	+	48.57 (3m) (am) 5m. The kinship care relative provider is not receiving
	929	+	payments under sub. (3n) with respect to the child.
	930	+	SECTION 47. 48.57 (3m) (am) 6. of the statutes is amended to read:
	931	+	48.57 (3m) (am) 6. The child for whom the kinship care relative provider is
	932	+	providing care and maintenance is not receiving supplemental security income
	933	+	under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
	934	+	SECTION 48. 48.57 (3m) (ap) 1. of the statutes is amended to read:
	935	+	48.57 (3m) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
	936	+	county having a population of 750,000 or more, the department may make payments
	937	+	under par. (am) to a kinship care relative provider who is providing care and
	938	+	maintenance for a child who is placed in the home of the kinship care relative
	939	+	provider under a court order for no more than 60 days after the date on which the
	940	+	county department or department received under par. (am) 1. the completed
	941	+	application of the kinship care relative provider for a license to operate a foster home
	942	+	or, if the application is approved or denied or the kinship care relative provider is
	943	+	otherwise determined to be ineligible for licensure within those 60 days, until the
	944	+	date on which the application is approved or denied or the kinship care relative
	945	+	provider is otherwise determined to be ineligible for licensure.
	946	+	SECTION 49. 48.57 (3m) (ap) 2. of the statutes is amended to read:
	947	+	48.57 (3m) (ap) 2. If the application specified in subd. 1. is not approved or
	948	+	denied or the kinship care relative provider is not otherwise determined to be
	949	+	ineligible for licensure within 60 days after the date on which the county department
	950	+	or department received the completed application for any reason other than an act
	951	+	or omission of the kinship care relative provider, the county department or
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	978	+	SECTION 49 SENATE BILL 520
	979	+	department may make payments under par. (am) for 4 months after the date on
	980	+	which the county department or department received the completed application or,
	981	+	if the application is approved or denied or the kinship care relative provider is
	982	+	otherwise determined to be ineligible for licensure within those 4 months, until the
	983	+	date on which the application is approved or denied or the kinship care relative
	984	+	provider is otherwise determined to be ineligible for licensure.
	985	+	SECTION 50. 48.57 (3m) (ap) 3. of the statutes is amended to read:
	986	+	48.57 (3m) (ap) 3. Notwithstanding that an application of a kinship care
	987	+	relative provider specified in subd. 1. is denied or the kinship care relative provider
	988	+	is otherwise determined to be ineligible for licensure, the county department or, in
	989	+	a county having a population of 750,000 or more, the department may make
	990	+	payments under par. (am) to the kinship care relative provider for as long as the
	991	+	conditions specified in par. (am) 1. to 6. continue to apply if the county department
	992	+	or department submits to the court information relating to the background
	993	+	investigation specified in par. (am) 4., an assessment of the safety of the kinship care
	994	+	relative's provider's home and the ability of the kinship care relative provider to care
	995	+	for the child, and a recommendation that the child remain in the home of the kinship
	996	+	care relative provider and the court, after considering that information, assessment,
	997	+	and recommendation, orders the child to remain in the kinship care relative's
	998	+	provider's home. If the court does not order the child to remain in the kinship care
	999	+	relative's provider's home, the court shall order the county department or
	1000	+	department to request a change in placement under s. 48.357 (1) (am) or 938.357 (1)
	1001	+	(am). Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a) may also request
	1002	+	a change in placement.
	1003	+	SECTION 51. 48.57 (3m) (b) 2. of the statutes is amended to read:
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	1031	+	SECTION 51
	1032	+	SENATE BILL 520
	1033	+	48.57 (3m) (b) 2. When any kinship care relative provider of a child applies for
	1034	+	or receives payments under this subsection, any right of the child or the child's parent
	1035	+	to support or maintenance from any other person accruing during the time that
	1036	+	payments are made under this subsection is assigned to the state. If a child who is
	1037	+	the beneficiary of a payment under this subsection is also the beneficiary of support
	1038	+	under a judgment or order that includes support for one or more children who are not
	1039	+	the beneficiaries of payments under this subsection, any support payment made
	1040	+	under the judgment or order is assigned to the state in the amount that is the
	1041	+	proportionate share of the child who is the beneficiary of the payment made under
	1042	+	this subsection, except as otherwise ordered by the court on the motion of a party.
	1043	+	SECTION 52. 48.57 (3m) (cm) of the statutes is amended to read:
	1044	+	48.57 (3m) (cm) A kinship care relative provider who receives a payment under
	1045	+	par. (am) for providing care and maintenance for a child is not eligible to receive a
	1046	+	payment under sub. (3n) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
	1047	+	SECTION 53. 48.57 (3m) (h) of the statutes is amended to read:
	1048	+	48.57 (3m) (h) A county department or, in a county having a population of
	1049	+	750,000 or more, the department may recover an overpayment made under par. (am)
	1050	+	from a kinship care relative provider who continues to receive payments under par.
	1051	+	(am) by reducing the amount of the kinship care relative's provider's monthly
	1052	+	payment. The department may by rule specify other methods for recovering
	1053	+	overpayments made under par. (am). A county department that recovers an
	1054	+	overpayment under this paragraph due to the efforts of its officers and employees
	1055	+	may retain a portion of the amount recovered, as provided by the department by rule.
	1056	+	SECTION 54. 48.57 (3m) (i) 1. of the statutes is amended to read:
	1057	+	1
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	1082	+	SECTION 54 SENATE BILL 520
	1083	+	48.57 (3m) (i) 1. Rules to provide assessment criteria for determining whether
	1084	+	a kinship care relative provider who is providing care and maintenance for a child
	1085	+	is eligible to receive payments under par. (am). The rules shall also provide that any
	1086	+	criteria established under the rules shall first apply to applications for payments
	1087	+	under par. (am) received, and to reviews under par. (d) conducted, on the effective
	1088	+	date of those rules.
	1089	+	SECTION 55. 48.57 (3n) (a) 1. b. of the statutes is amended to read:
	1090	+	48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time
	1091	+	student in good academic standing at a secondary school or its vocational or technical
	1092	+	equivalent, an individualized education program under s. 115.787 is in effect for the
	1093	+	person, and the person is placed in the home of the long-term kinship care relative
	1094	+	provider under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365
	1095	+	that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains
	1096	+	18 years of age or under a voluntary transition-to-independent-living agreement
	1097	+	under s. 48.366 (3) or 938.366 (3).
	1098	+	SECTION 56. 48.57 (3n) (a) 2. of the statutes is amended to read:
	1099	+	48.57 (3n) (a) 2. “Long-term kinship care relative provider" means a relative
	1100	+	other than a parent, an extended family member, as defined in s. 48.028 (2) (am), or
	1101	+	like-kin.
	1102	+	SECTION 57. 48.57 (3n) (am) (intro.) of the statutes, as affected by Wisconsin
	1103	+	Act 19, is amended to read:
	1104	+	48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md),
	1105	+	(me), and (s), the department shall reimburse counties having populations of less
	1106	+	than 750,000 for payments made under this subsection and shall make payments
	1107	+	under this subsection in a county having a population of 750,000 or more. Subject
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	1135	+	SECTION 57
	1136	+	SENATE BILL 520
	1137	+	to par. (ap), a county department and, in a county having a population of 750,000 or
	1138	+	more, the department shall make monthly payments for each child per month in the
	1139	+	amount of $375 beginning on January 1, 2024, to a long-term kinship care relative
	1140	+	provider who is providing care and maintenance for that child if all of the following
	1141	+	conditions are met:
	1142	+	SECTION 58. 48.57 (3n) (am) 1. of the statutes is amended to read:
	1143	+	48.57 (3n) (am) 1. The long-term kinship care relative provider applies to the
	1144	+	county department or department for payments under this subsection, provides
	1145	+	proof that he or she has been appointed as the guardian of the child, and, if the child
	1146	+	is placed in the home of the long-term kinship care relative provider under a court
	1147	+	order, other than a court order under s. 48.9795 or ch. 54, 2017 stats., applies to the
	1148	+	county department or department for a license to operate a foster home.
	1149	+	SECTION 59. 48.57 (3n) (am) 2. of the statutes is amended to read:
	1150	+	48.57 (3n) (am) 2. The county department or department inspects the
	1151	+	long-term kinship care relative's provider's home, interviews the long-term kinship
	1152	+	care relative provider and determines that long-term placement with the long-term
	1153	+	kinship care relative provider is in the best interests of the child.
	1154	+	SECTION 60. 48.57 (3n) (am) 4. of the statutes is amended to read:
	1155	+	48.57 (3n) (am) 4. The county department or department conducts a
	1156	+	background investigation under sub. (3p) of the long-term kinship care relative
	1157	+	provider, the employees and prospective employees of the long-term kinship care
	1158	+	relative provider who have or would have regular contact with the child for whom the
	1159	+	payments would be made and any other adult resident, as defined in sub. (3p) (a),
	1160	+	of the long-term kinship care relative's provider's home to determine if the
	1161	+	long-term kinship care relative provider, employee, prospective employee or adult
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	1187	+	EHS:wlj&amn
	1188	+	SECTION 60 SENATE BILL 520
	1189	+	resident has any arrests or convictions that are likely to adversely affect the child or
	1190	+	the long-term kinship care relative's provider's ability to care for the child.
	1191	+	SECTION 61. 48.57 (3n) (am) 4m. of the statutes is amended to read:
	1192	+	48.57 (3n) (am) 4m. Subject to sub. (3p) (fm) 1m. and 2m., the long-term
	1193	+	kinship care relative provider states that he or she does not have any arrests or
	1194	+	convictions that could adversely affect the child or the long-term kinship care
	1195	+	relative's provider's ability to care for the child and that, to the best of the long-term
	1196	+	kinship care relative's provider's knowledge, no adult resident, as defined in sub. (3p)
	1197	+	(a), and no employee or prospective employee of the long-term kinship care relative
	1198	+	provider who would have regular contact with the child has any arrests or
	1199	+	convictions that could adversely affect the child or the long-term kinship care
	1200	+	relative's provider's ability to care for the child.
	1201	+	SECTION 62. 48.57 (3n) (am) 5. of the statutes is amended to read:
	1202	+	48.57 (3n) (am) 5. The long-term kinship care relative provider cooperates
	1203	+	with the county department or department in the application process, including
	1204	+	applying for other forms of assistance for which the child may be eligible.
	1205	+	SECTION 63. 48.57 (3n) (am) 5m. of the statutes is amended to read:
	1206	+	48.57 (3n) (am) 5m. The long-term kinship care relative provider is not
	1207	+	receiving payments under sub. (3m) with respect to the child.
	1208	+	SECTION 64. 48.57 (3n) (am) 5r. of the statutes is amended to read:
	1209	+	48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative
	1210	+	provider is providing care and maintenance is not receiving supplemental security
	1211	+	income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.
	1212	+	SECTION 65. 48.57 (3n) (am) 6. (intro.) of the statutes is amended to read:
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	1237	+	LRB-4019/1
	1238	+	EHS:wlj&amn
	1239	+	SECTION 65
	1240	+	SENATE BILL 520
	1241	+	48.57 (3n) (am) 6. (intro.) The long-term kinship care relative provider and the
	1242	+	county department or department enter into a written agreement under which the
	1243	+	long-term kinship care relative provider agrees to provide care and maintenance for
	1244	+	the child and the county department or department agrees, subject to sub. (3p) (hm),
	1245	+	to make monthly payments to the long-term kinship care relative provider at the
	1246	+	rate specified in sub. (3m) (am) (intro.) until the earliest of the following:
	1247	+	SECTION 66. 48.57 (3n) (am) 6. c. of the statutes is amended to read:
	1248	+	48.57 (3n) (am) 6. c. The date on which the child is placed outside the long-term
	1249	+	kinship care relative's provider's home under a court order or under a voluntary
856	1250		agreement under s. 48.63 (1) (a) or (b) or (5) (b).
857		-	SECTION 67. 48.57 (3n) (am) 6. d. of the statutes is
858		-	amended to read:
859		-	48.57 (3n) (am) 6. d. The date on which the child
860		-	ceases to reside with the long−term kinship care relative
	1251	+	SECTION 67. 48.57 (3n) (am) 6. d. of the statutes is amended to read:
	1252	+	48.57 (3n) (am) 6. d. The date on which the child ceases to reside with the
	1253	+	long-term kinship care relative provider.
	1254	+	SECTION 68. 48.57 (3n) (am) 6. e. of the statutes is amended to read:
	1255	+	48.57 (3n) (am) 6. e. The date on which the long-term kinship care's care
	1256	+	provider's guardianship under s. 48.977 terminates.
	1257	+	SECTION 69. 48.57 (3n) (ap) 1. of the statutes is amended to read:
	1258	+	48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the county department or, in a
	1259	+	county having a population of 750,000 or more, the department may make payments
	1260	+	under par. (am) to a long-term kinship care relative provider who is providing care
	1261	+	and maintenance for a child who is placed in the home of the long-term kinship care
	1262	+	relative provider for no more than 60 days after the date on which the county
	1263	+	department or department received under par. (am) 1. the completed application of
	1264	+	the long-term kinship care relative provider for a license to operate a foster home or,
	1265	+	if the application is approved or denied or the long-term kinship care relative
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	1291	+	EHS:wlj&amn
	1292	+	SECTION 69 SENATE BILL 520
	1293	+	provider is otherwise determined to be ineligible for licensure within those 60 days,
	1294	+	until the date on which the application is approved or denied or the long-term
	1295	+	kinship care relative provider is otherwise determined to be ineligible for licensure.
	1296	+	SECTION 70. 48.57 (3n) (ap) 2. of the statutes is amended to read:
	1297	+	48.57 (3n) (ap) 2. If the application specified in subd. 1. is not approved or
	1298	+	denied or the long-term kinship care relative provider is not otherwise determined
	1299	+	to be ineligible for licensure within 60 days after the date on which the county
	1300	+	department or department received the completed application for any reason other
	1301	+	than an act or omission of the long-term kinship care relative provider, the county
	1302	+	department or department may make payments under par. (am) for 4 months after
	1303	+	the date on which the county department or department received the completed
	1304	+	application or, if the application is approved or denied or the long-term kinship care
	1305	+	relative provider is otherwise determined to be ineligible for licensure within those
	1306	+	4 months, until the date on which the application is approved or denied or the
	1307	+	long-term kinship care relative provider is otherwise determined to be ineligible for
	1308	+	licensure.
	1309	+	SECTION 71. 48.57 (3n) (ap) 3. of the statutes is amended to read:
	1310	+	48.57 (3n) (ap) 3. Notwithstanding that an application of a long-term kinship
	1311	+	care relative provider specified in subd. 1. is denied or the long-term kinship care
	1312	+	relative provider is otherwise determined to be ineligible for licensure, the county
	1313	+	department or, in a county having a population of 750,000 or more, the department
	1314	+	may make payments under par. (am) to the long-term kinship care relative provider
	1315	+	until an event specified in par. (am) 6. a. to f. occurs if the county department or
	1316	+	department submits to the court information relating to the background
	1317	+	investigation specified in par. (am) 4., an assessment of the safety of the long-term
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	1343	+	LRB-4019/1
	1344	+	EHS:wlj&amn
	1345	+	SECTION 71
	1346	+	SENATE BILL 520
	1347	+	kinship care relative's provider's home and the ability of the long-term kinship care
	1348	+	relative provider to care for the child, and a recommendation that the child remain
	1349	+	in the home of the long-term kinship care relative provider and the court, after
	1350	+	considering that information, assessment, and recommendation, orders the child to
	1351	+	remain in the long-term kinship care relative's provider's home. If the court does not
	1352	+	order the child to remain in the kinship care relative's provider's home, the court
	1353	+	shall order the county department or department to request a change in placement
	1354	+	under s. 48.357 (1) (am) or 938.357 (1) (am) or to request a termination of the
	1355	+	guardianship order under s. 48.977 (7). Any person specified in s. 48.357 (2m) (a) or
	1356	+	938.357 (2m) (a) may also request a change in placement and any person who is
	1357	+	authorized to file a petition for the appointment of a guardian for the child may also
	1358	+	request a termination of the guardianship order.
	1359	+	SECTION 72. 48.57 (3n) (b) 2. of the statutes is amended to read:
	1360	+	48.57 (3n) (b) 2. When any long-term kinship care relative provider of a child
	1361	+	applies for or receives payments under this subsection, any right of the child or the
	1362	+	child's parent to support or maintenance from any other person accruing during the
	1363	+	time that payments are made under this subsection is assigned to the state. If a child
	1364	+	is the beneficiary of support under a judgment or order that includes support for one
	1365	+	or more children who are not the beneficiaries of payments under this subsection,
	1366	+	any support payment made under the judgment or order is assigned to the state in
	1367	+	the amount that is the proportionate share of the child who is the beneficiary of the
	1368	+	payment made under this subsection, except as otherwise ordered by the court on the
	1369	+	motion of a party.
	1370	+	SECTION 73. 48.57 (3n) (cm) of the statutes is amended to read:
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	1395	+	EHS:wlj&amn
	1396	+	SECTION 73 SENATE BILL 520
	1397	+	48.57 (3n) (cm) A long-term kinship care relative provider who receives a
	1398	+	payment under par. (am) for providing care and maintenance for a child is not eligible
	1399	+	to receive a payment under sub. (3m) or s. 48.62 (4) or 48.623 (1) or (6) for that child.
	1400	+	SECTION 74. 48.57 (3n) (h) of the statutes is amended to read:
	1401	+	48.57 (3n) (h) A county department or, in a county having a population of
	1402	+	750,000 or more, the department may recover an overpayment made under par. (am)
	1403	+	from a long-term kinship care relative provider who continues to receive payments
	1404	+	under par. (am) by reducing the amount of the long-term kinship care relative's
	1405	+	provider's monthly payment. The department may by rule specify other methods for
	1406	+	recovering overpayments made under par. (am). A county department that recovers
	1407	+	an overpayment under this paragraph due to the efforts of its officers and employees
	1408	+	may retain a portion of the amount recovered, as provided by the department by rule.
	1409	+	SECTION 75. 48.57 (3p) (h) 3. (intro.) of the statutes is amended to read:
	1410	+	48.57 (3p) (h) 3. (intro.) The director of the county department, the person
	1411	+	designated by the governing body of an Indian tribe or, in a county having a
	1412	+	population of 750,000 or more, the person designated by the secretary shall review
	1413	+	the denial of payments or the prohibition on employment or being an adult resident
	1414	+	to determine if the conviction record on which the denial or prohibition is based
	1415	+	includes any arrests, convictions, or penalties that are likely to adversely affect the
	1416	+	child or the ability of the kinship care relative provider to care for the child. In
	1417	+	reviewing the denial or prohibition, the director of the county department, the person
	1418	+	designated by the governing body of the Indian tribe or the person designated by the
	1419	+	secretary shall consider all of the following factors:
	1420	+	SECTION 76. 48.57 (3p) (h) 3. b. of the statutes is amended to read:
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	1445	+	LRB-4019/1
	1446	+	EHS:wlj&amn
	1447	+	SECTION 76
	1448	+	SENATE BILL 520
	1449	+	48.57 (3p) (h) 3. b. The nature of the violation or penalty and how that violation
	1450	+	or penalty affects the ability of the kinship care relative provider to care for the child.
	1451	+	SECTION 77. 48.57 (3p) (h) 4. of the statutes is amended to read:
	1452	+	48.57 (3p) (h) 4. If the director of the county department, the person designated
	1453	+	by the governing body of the Indian tribe or, in a county having a population of
	1454	+	750,000 or more, the person designated by the secretary determines that the
	1455	+	conviction record on which the denial of payments or the prohibition on employment
	1456	+	or being an adult resident is based does not include any arrests, convictions, or
	1457	+	penalties that are likely to adversely affect the child or the ability of the kinship care
	1458	+	relative provider to care for the child, the director of the county department, the
	1459	+	person designated by the governing body of the Indian tribe, or the person designated
	1460	+	by the secretary may approve the making of payments under sub. (3m) or may permit
	1461	+	a person receiving payments under sub. (3m) to employ a person in a position in
	1462	+	which that person would have regular contact with the child for whom payments are
	1463	+	being made or permit a person to be an adult resident.
	1464	+	SECTION 78. 48.60 (2) (a) of the statutes is amended to read:
	1465	+	48.60 (2) (a) A relative or like-kin, guardian, or person delegated care and
	1466	+	custody of a child under s. 48.979 who provides care and maintenance for such
	1467	+	children.
	1468	+	SECTION 79. 48.62 (2) of the statutes is amended to read:
	1469	+	48.62 (2) A relative or like-kin, a guardian of a child, or a person delegated care
	1470	+	and custody of a child under s. 48.979 who provides care and maintenance for the
	1471	+	child is not required to obtain the license specified in this section. The department,
	1472	+	county department, or licensed child welfare agency as provided in s. 48.75 may issue
	1473	+	a license to operate a foster home to a relative or like-kin who has no duty of support
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	1499	+	EHS:wlj&amn
	1500	+	SECTION 79 SENATE BILL 520
	1501	+	under s. 49.90 (1) (a) and who requests a license to operate a foster home for a specific
	1502	+	child who is either placed by court order or who is the subject of a voluntary
	1503	+	placement agreement under s. 48.63. The department, a county department, or a
	1504	+	licensed child welfare agency may, at the request of a guardian appointed under s.
	1505	+	48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
	1506	+	guardian's home as a foster home for the guardian's minor ward who is living in the
	1507	+	home and who is placed in the home by court order. Relatives and like-kin with no
	1508	+	duty of support and guardians appointed under s. 48.977, 48.978, or 48.9795, ch. 54,
	1509	+	2017 stats., or ch. 880, 2003 stats., who are licensed to operate foster homes are
	1510	+	subject to the department's licensing rules.
	1511	+	SECTION 80. 48.64 (1) of the statutes is amended to read:
	1512	+	48.64 (1) DEFINITION. In this section, “agency" means the department, the
	1513	+	department of corrections, a county department under s. 46.215, 46.22, or 46.23, or
	1514	+	a licensed child welfare agency authorized to place children in foster homes, group
	1515	+	homes, or shelter care facilities approved under s. 938.22 (2) (c) or, in the homes of
	1516	+	relatives other than a parent, or in the homes of like-kin.
	1517	+	SECTION 81. 48.64 (1m) of the statutes is amended to read:
	1518	+	48.64 (1m) OUT-OF-HOME CARE AGREEMENTS. If an agency places a child in a
	1519	+	foster home or group home or in the home of a relative other than a parent or in the
	1520	+	home of like-kin under a court order or places a child in a foster home, group home,
	1521	+	or shelter care facility approved under s. 938.22 (2) (c) under a voluntary agreement
	1522	+	under s. 48.63, the agency shall enter into a written agreement with the head of the
	1523	+	home or facility. The agreement shall provide that the agency shall have access at
	1524	+	all times to the child and the home or facility, and that the child will be released to
	1525	+	the agency whenever, in the opinion of the agency placing the child or the
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	1551	+	LRB-4019/1
	1552	+	EHS:wlj&amn
	1553	+	SECTION 81
	1554	+	SENATE BILL 520
	1555	+	department, the best interests of the child require release to the agency. If a child
	1556	+	has been in a foster home or group home or in the home of a relative other than a
	1557	+	parent or in the home of like-kin for 6 months or more, the agency shall give the head
	1558	+	of the home written notice of intent to remove the child, stating the reasons for the
	1559	+	removal. The child may not be removed from a foster home, group home, or home of
	1560	+	a relative other than a parent or the home of like-kin before completion of the
	1561	+	hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice,
	1562	+	whichever is later, unless the safety of the child requires it or, in a case in which the
	1563	+	reason for removal is to place the child for adoption under s. 48.833, unless all of the
	1564	+	persons who have the right to request a hearing under sub. (4) (a) or (c) sign written
	1565	+	waivers of objection to the proposed removal. If the safety of the child requires earlier
	1566	+	removal, s. 48.19 applies. If an agency removes a child from an adoptive placement,
	1567	+	the head of the home shall have no claim against the placing agency for the expense
	1568	+	of care, clothing, or medical treatment.
	1569	+	SECTION 82. 48.64 (2) of the statutes is amended to read:
	1570	+	48.64 (2) SUPERVISION OF OUT-OF-HOME CARE PLACEMENTS. Every child who is
	1571	+	placed in a foster home, group home, or shelter care facility approved under s. 938.22
	1572	+	(2) (c) shall be under the supervision of an agency. Every child who is placed in the
	1573	+	home of a relative other than a parent or in the home of like-kin under a court order
	1574	+	shall be under the supervision of an agency.
	1575	+	SECTION 83. 48.64 (4) (a) of the statutes is amended to read:
	1576	+	48.64 (4) (a) Except as provided in par. (d), any decision or order issued by an
	1577	+	agency that affects the head of a foster home or group home, the head of the home
	1578	+	of a relative other than a parent or the home of like-kin in which a child is placed,
	1579	+	or the child involved may be appealed to the department under fair hearing
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	1605	+	EHS:wlj&amn
	1606	+	SECTION 83 SENATE BILL 520
	1607	+	procedures established under rules promulgated by the department. Upon receipt
	1608	+	of an appeal, the department shall give the head of the home reasonable notice and
	1609	+	an opportunity for a fair hearing. The department may make any additional
	1610	+	investigation that the department considers necessary. The department shall give
	1611	+	notice of the hearing to the head of the home and to the departmental subunit, county
	1612	+	department, or child welfare agency that issued the decision or order. Each person
	1613	+	receiving notice is entitled to be represented at the hearing. At all hearings
	1614	+	conducted under this paragraph, the head of the home, or a representative of the
	1615	+	head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2)
	1616	+	(a), to examine all documents and records to be used at the hearing at a reasonable
	1617	+	time before the date of the hearing as well as during the hearing, to bring witnesses,
	1618	+	to establish all pertinent facts and circumstances, and to question or refute any
	1619	+	testimony or evidence, including an opportunity to confront and cross-examine
	1620	+	adverse witnesses. The department shall grant a continuance for a reasonable
	1621	+	period of time when an issue is raised for the first time during a hearing. This
	1622	+	requirement may be waived with the consent of the parties. The decision of the
	1623	+	department shall be based exclusively on evidence introduced at the hearing. A
	1624	+	transcript of testimony and exhibits, or an official report containing the substance
	1625	+	of what transpired at the hearing, together with all papers and requests filed in the
	1626	+	proceeding, and the findings of the hearing examiner shall constitute the exclusive
	1627	+	record for decision by the department. The department shall make the record
	1628	+	available at any reasonable time and at an accessible place to the head of the home
	1629	+	or his or her representative. Decisions by the department shall specify the reasons
	1630	+	for the decision and identify the supporting evidence. No person participating in an
	1631	+	agency action being appealed may participate in the final administrative decision on
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	1657	+	LRB-4019/1
	1658	+	EHS:wlj&amn
	1659	+	SECTION 83
	1660	+	SENATE BILL 520
	1661	+	that action. The department shall render its decision as soon as possible after the
	1662	+	hearing and shall send a certified copy of its decision to the head of the home and to
	1663	+	the departmental subunit, county department, or child welfare agency that issued
	1664	+	the decision or order. The decision shall be binding on all parties concerned.
	1665	+	SECTION 84. 48.64 (4) (c) of the statutes is amended to read:
	1666	+	48.64 (4) (c) Except as provided in par. (d), the circuit court for the county where
	1667	+	the dispositional order placing a child in a foster home or group home or in the home
	1668	+	of a relative other than a parent or in the home of like-kin was entered or the
	1669	+	voluntary agreement under s. 48.63 placing a child in a foster home or group home
	1670	+	was made has jurisdiction upon petition of any interested party over the child who
	1671	+	is placed in the foster home, group home, or home of the relative or like-kin. The
	1672	+	circuit court may call a hearing, at which the head of the home and the supervising
	1673	+	agency under sub. (2) shall be present, for the purpose of reviewing any decision or
	1674	+	order of that agency involving the placement and care of the child. If the child has
	1675	+	been placed in a foster home or in the home of a relative other than a parent or in the
	1676	+	home of like-kin, the foster parent or, relative, or like-kin may present relevant
	1677	+	evidence at the hearing. The petitioner has the burden of proving by clear and
	1678	+	convincing evidence that the decision or order issued by the agency is not in the best
	1679	+	interests of the child.
	1680	+	SECTION 85. 48.67 (4) (b) of the statutes is amended to read:
	1681	+	48.67 (4) (b) The training under par. (a) shall be available to a kinship care
	1682	+	relative provider, as defined in s. 48.40 (1m), upon request of the kinship care relative
861	1683		provider.
862		-	SECTION 68. 48.57 (3n) (am) 6. e. of the statutes is
863		-	amended to read:
864		-	48.57 (3n) (am) 6. e. The date on which the long−
865		-	term kinship care’s care provider’s guardianship under s.
866		-	48.977 terminates.
867		-	SECTION 69. 48.57 (3n) (ap) 1. of the statutes is
868		-	amended to read:
869		-	48.57 (3n) (ap) 1. Subject to subds. 2. and 3., the
870		-	county department or, in a county having a population of
871		-	750,000 or more, the department may make payments
872		-	under par. (am) to a long−term kinship care relative
873		-	provider who is providing care and maintenance for a
874		-	child who is placed in the home of the long−term kinship
875		-	care relative provider for no more than 60 days after the
876		-	date on which the county department or department
877		-	received under par. (am) 1. the completed application of
878		-	the long−term kinship care relative provider for a license
879		-	to operate a foster home or, if the application is approved
880		-	or denied or the long−term kinship care relative provider
881		-	is otherwise determined to be ineligible for licensure
882		-	within those 60 days, until the date on which the applica-
883		-	tion is approved or denied or the long−term kinship care
884		-	relative provider is otherwise determined to be ineligible
885		-	for licensure.
886		-	SECTION 70. 48.57 (3n) (ap) 2. of the statutes is
887		-	amended to read:
888		-	48.57 (3n) (ap) 2. If the application specified in subd.
889		-	1. is not approved or denied or the long−term kinship care
890		-	relative provider is not otherwise determined to be ineli-
891		-	gible for licensure within 60 days after the date on which
892		-	the county department or department received the com-
893		-	pleted application for any reason other than an act or
894		-	omission of the long−term kinship care relative provider,
895		-	the county department or department may make pay-
896		-	ments under par. (am) for 4 months after the date on
897		-	which the county department or department received the
898		-	completed application or, if the application is approved
899		-	or denied or the long−term kinship care relative provider
900		-	is otherwise determined to be ineligible for licensure
901		-	within those 4 months, until the date on which the appli-
902		-	cation is approved or denied or the long−term kinship
903		-	care relative provider is otherwise determined to be ineli-
904		-	gible for licensure.
905		-	SECTION 71. 48.57 (3n) (ap) 3. of the statutes is
906		-	amended to read:
907		-	48.57 (3n) (ap) 3. Notwithstanding that an applica-
908		-	tion of a long−term kinship care relative provider speci-
909		-	fied in subd. 1. is denied or the long−term kinship care
910		-	relative provider is otherwise determined to be ineligible
911		-	for licensure, the county department or, in a county hav-
912		-	ing a population of 750,000 or more, the department may
913		-	make payments under par. (am) to the long−term kinship
914		-	care relative provider until an event specified in par. (am)
915		-	6. a. to f. occurs if the county department or department
916		-	submits to the court information relating to the back-
917		-	ground investigation specified in par. (am) 4., an assess-
918		-	ment of the safety of the long−term kinship care relative’s
919		-	provider’s home and the ability of the long−term kinship
920		-	care relative provider to care for the child, and a recom-
921		-	mendation that the child remain in the home of the long−
922		-	term kinship care relative provider and the court, after
923		-	considering that information, assessment, and recom-
924		-	mendation, orders the child to remain in the long−term
925		-	kinship care relative’s provider’s home. If the court does
926		-	not order the child to remain in the kinship care relative’s
927		-	provider’s home, the court shall order the county depart-
928		-	ment or department to request a change in placement
929		-	under s. 48.357 (1) (am) or 938.357 (1) (am) or to request
930		-	a termination of the guardianship order under s. 48.977
931		-	(7). Any person specified in s. 48.357 (2m) (a) or
932		-	938.357 (2m) (a) may also request a change in placement − 10 −2023 Wisconsin Act 119 2023 Senate Bill 520
933		-	and any person who is authorized to file a petition for the
934		-	appointment of a guardian for the child may also request
935		-	a termination of the guardianship order.
936		-	SECTION 72. 48.57 (3n) (b) 2. of the statutes is
937		-	amended to read:
938		-	48.57 (3n) (b) 2. When any long−term kinship care
939		-	relative provider of a child applies for or receives pay-
940		-	ments under this subsection, any right of the child or the
941		-	child’s parent to support or maintenance from any other
942		-	person accruing during the time that payments are made
943		-	under this subsection is assigned to the state. If a child is
944		-	the beneficiary of support under a judgment or order that
945		-	includes support for one or more children who are not the
946		-	beneficiaries of payments under this subsection, any sup-
947		-	port payment made under the judgment or order is
948		-	assigned to the state in the amount that is the proportion-
949		-	ate share of the child who is the beneficiary of the pay-
950		-	ment made under this subsection, except as otherwise
951		-	ordered by the court on the motion of a party.
952		-	SECTION 73. 48.57 (3n) (cm) of the statutes is
953		-	amended to read:
954		-	48.57 (3n) (cm) A long−term kinship care relative
955		-	provider who receives a payment under par. (am) for pro-
956		-	viding care and maintenance for a child is not eligible to
957		-	receive a payment under sub. (3m) or s. 48.62 (4) or
958		-	48.623 (1) or (6) for that child.
959		-	SECTION 74. 48.57 (3n) (h) of the statutes is amended
960		-	to read:
961		-	48.57 (3n) (h) A county department or, in a county
962		-	having a population of 750,000 or more, the department
963		-	may recover an overpayment made under par. (am) from
964		-	a long−term kinship care relative provider who continues
965		-	to receive payments under par. (am) by reducing the
966		-	amount of the long−term kinship care relative’s
967		-	provider’s monthly payment. The department may by
968		-	rule specify other methods for recovering overpayments
969		-	made under par. (am). A county department that recovers
970		-	an overpayment under this paragraph due to the efforts of
971		-	its officers and employees may retain a portion of the
972		-	amount recovered, as provided by the department by rule.
973		-	SECTION 75. 48.57 (3p) (h) 3. (intro.) of the statutes
974		-	is amended to read:
975		-	48.57 (3p) (h) 3. (intro.) The director of the county
976		-	department, the person designated by the governing body
977		-	of an Indian tribe or, in a county having a population of
978		-	750,000 or more, the person designated by the secretary
979		-	shall review the denial of payments or the prohibition on
980		-	employment or being an adult resident to determine if the
981		-	conviction record on which the denial or prohibition is
982		-	based includes any arrests, convictions, or penalties that
983		-	are likely to adversely affect the child or the ability of the
984		-	kinship care relative provider to care for the child. In
985		-	reviewing the denial or prohibition, the director of the
986		-	county department, the person designated by the govern-
987		-	ing body of the Indian tribe or the person designated by
988		-	the secretary shall consider all of the following factors:
989		-	SECTION 76. 48.57 (3p) (h) 3. b. of the statutes is
990		-	amended to read:
991		-	48.57 (3p) (h) 3. b. The nature of the violation or
992		-	penalty and how that violation or penalty affects the abil-
993		-	ity of the kinship care relative provider to care for the
994		-	child.
995		-	SECTION 77. 48.57 (3p) (h) 4. of the statutes is
996		-	amended to read:
997		-	48.57 (3p) (h) 4. If the director of the county depart-
998		-	ment, the person designated by the governing body of the
999		-	Indian tribe or, in a county having a population of
1000		-	750,000 or more, the person designated by the secretary
1001		-	determines that the conviction record on which the denial
1002		-	of payments or the prohibition on employment or being
1003		-	an adult resident is based does not include any arrests,
1004		-	convictions, or penalties that are likely to adversely affect
1005		-	the child or the ability of the kinship care relative
1006		-	provider to care for the child, the director of the county
1007		-	department, the person designated by the governing body
1008		-	of the Indian tribe, or the person designated by the secre-
1009		-	tary may approve the making of payments under sub.
1010		-	(3m) or may permit a person receiving payments under
1011		-	sub. (3m) to employ a person in a position in which that
1012		-	person would have regular contact with the child for
1013		-	whom payments are being made or permit a person to be
1014		-	an adult resident.
1015		-	SECTION 78. 48.60 (2) (a) of the statutes is amended
1016		-	to read:
1017		-	48.60 (2) (a) A relative or like−kin, guardian, or per-
1018		-	son delegated care and custody of a child under s. 48.979
1019		-	who provides care and maintenance for such children.
1020		-	SECTION 79. 48.62 (2) of the statutes is amended to
1021		-	read:
1022		-	48.62 (2) A relative or like−kin, a guardian of a child,
1023		-	or a person delegated care and custody of a child under
1024		-	s. 48.979 who provides care and maintenance for the
1025		-	child is not required to obtain the license specified in this
1026		-	section. The department, county department, or licensed
1027		-	child welfare agency as provided in s. 48.75 may issue a
1028		-	license to operate a foster home to a relative or like−kin
1029		-	who has no duty of support under s. 49.90 (1) (a) and who
1030		-	requests a license to operate a foster home for a specific
1031		-	child who is either placed by court order or who is the
1032		-	subject of a voluntary placement agreement under s.
1033		-	48.63. The department, a county department, or a
1034		-	licensed child welfare agency may, at the request of a
1035		-	guardian appointed under s. 48.977, 48.978, or 48.9795,
1036		-	ch. 54, 2017 stats., or ch. 880, 2003 stats., license the
1037		-	guardian’s home as a foster home for the guardian’s
1038		-	minor ward who is living in the home and who is placed
1039		-	in the home by court order. Relatives and like−kin with
1040		-	no duty of support and guardians appointed under s.
1041		-	48.977, 48.978, or 48.9795, ch. 54, 2017 stats., or ch. 880,
1042		-	2003 stats., who are licensed to operate foster homes are
1043		-	subject to the department’s licensing rules. − 11 − 2023 Wisconsin Act 119 2023 Senate Bill 520
1044		-	SECTION 80. 48.64 (1) of the statutes is amended to
1045		-	read:
1046		-	48.64 (1) DEFINITION. In this section, “agency”
1047		-	means the department, the department of corrections, a
1048		-	county department under s. 46.215, 46.22, or 46.23, or a
1049		-	licensed child welfare agency authorized to place chil-
1050		-	dren in foster homes, group homes, or shelter care facili-
1051		-	ties approved under s. 938.22 (2) (c) or, in the homes of
1052		-	relatives other than a parent, or in the homes of like−kin.
1053		-	SECTION 81. 48.64 (1m) of the statutes is amended to
1054		-	read:
1055		-	48.64 (1m) OUT−OF−HOME CARE AGREEMENTS. If an
1056		-	agency places a child in a foster home or group home or
1057		-	in the home of a relative other than a parent or in the home
1058		-	of like−kin under a court order or places a child in a foster
1059		-	home, group home, or shelter care facility approved
1060		-	under s. 938.22 (2) (c) under a voluntary agreement under
1061		-	s. 48.63, the agency shall enter into a written agreement
1062		-	with the head of the home or facility. The agreement shall
1063		-	provide that the agency shall have access at all times to
1064		-	the child and the home or facility, and that the child will
1065		-	be released to the agency whenever, in the opinion of the
1066		-	agency placing the child or the department, the best inter-
1067		-	ests of the child require release to the agency. If a child
1068		-	has been in a foster home or group home or in the home
1069		-	of a relative other than a parent or in the home of like−kin
1070		-	for 6 months or more, the agency shall give the head of
1071		-	the home written notice of intent to remove the child, stat-
1072		-	ing the reasons for the removal. The child may not be
1073		-	removed from a foster home, group home, or home of a
1074		-	relative other than a parent or the home of like−kin before
1075		-	completion of the hearing under sub. (4) (a) or (c), if
1076		-	requested, or 30 days after the receipt of the notice,
1077		-	whichever is later, unless the safety of the child requires
1078		-	it or, in a case in which the reason for removal is to place
1079		-	the child for adoption under s. 48.833, unless all of the
1080		-	persons who have the right to request a hearing under sub.
1081		-	(4) (a) or (c) sign written waivers of objection to the pro-
1082		-	posed removal. If the safety of the child requires earlier
1083		-	removal, s. 48.19 applies. If an agency removes a child
1084		-	from an adoptive placement, the head of the home shall
1085		-	have no claim against the placing agency for the expense
1086		-	of care, clothing, or medical treatment.
1087		-	SECTION 82. 48.64 (2) of the statutes is amended to
1088		-	read:
1089		-	48.64 (2) SUPERVISION OF OUT−OF−HOME CARE PLACE-
1090		-	MENTS. Every child who is placed in a foster home, group
1091		-	home, or shelter care facility approved under s. 938.22
1092		-	(2) (c) shall be under the supervision of an agency. Every
1093		-	child who is placed in the home of a relative other than
1094		-	a parent or in the home of like−kin under a court order
1095		-	shall be under the supervision of an agency.
1096		-	SECTION 83. 48.64 (4) (a) of the statutes is amended
1097		-	to read:
1098		-	48.64 (4) (a) Except as provided in par. (d), any deci-
1099		-	sion or order issued by an agency that affects the head of
1100		-	a foster home or group home, the head of the home of a
1101		-	relative other than a parent or the home of like−kin in
1102		-	which a child is placed, or the child involved may be
1103		-	appealed to the department under fair hearing procedures
1104		-	established under rules promulgated by the department.
1105		-	Upon receipt of an appeal, the department shall give the
1106		-	head of the home reasonable notice and an opportunity
1107		-	for a fair hearing. The department may make any addi-
1108		-	tional investigation that the department considers neces-
1109		-	sary. The department shall give notice of the hearing to
1110		-	the head of the home and to the departmental subunit,
1111		-	county department, or child welfare agency that issued
1112		-	the decision or order. Each person receiving notice is
1113		-	entitled to be represented at the hearing. At all hearings
1114		-	conducted under this paragraph, the head of the home, or
1115		-	a representative of the head of the home, shall have an
1116		-	adequate opportunity, notwithstanding s. 48.78 (2) (a), to
1117		-	examine all documents and records to be used at the hear-
1118		-	ing at a reasonable time before the date of the hearing as
1119		-	well as during the hearing, to bring witnesses, to establish
1120		-	all pertinent facts and circumstances, and to question or
1121		-	refute any testimony or evidence, including an opportu-
1122		-	nity to confront and cross−examine adverse witnesses.
1123		-	The department shall grant a continuance for a reason-
1124		-	able period of time when an issue is raised for the first
1125		-	time during a hearing. This requirement may be waived
1126		-	with the consent of the parties. The decision of the
1127		-	department shall be based exclusively on evidence intro-
1128		-	duced at the hearing. A transcript of testimony and
1129		-	exhibits, or an official report containing the substance of
1130		-	what transpired at the hearing, together with all papers
1131		-	and requests filed in the proceeding, and the findings of
1132		-	the hearing examiner shall constitute the exclusive record
1133		-	for decision by the department. The department shall
1134		-	make the record available at any reasonable time and at
1135		-	an accessible place to the head of the home or his or her
1136		-	representative. Decisions by the department shall spec-
1137		-	ify the reasons for the decision and identify the support-
1138		-	ing evidence. No person participating in an agency
1139		-	action being appealed may participate in the final admin-
1140		-	istrative decision on that action. The department shall
1141		-	render its decision as soon as possible after the hearing
1142		-	and shall send a certified copy of its decision to the head
1143		-	of the home and to the departmental subunit, county
1144		-	department, or child welfare agency that issued the deci-
1145		-	sion or order. The decision shall be binding on all parties
1146		-	concerned.
1147		-	SECTION 84. 48.64 (4) (c) of the statutes is amended
1148		-	to read:
1149		-	48.64 (4) (c) Except as provided in par. (d), the circuit
1150		-	court for the county where the dispositional order placing
1151		-	a child in a foster home or group home or in the home of
1152		-	a relative other than a parent or in the home of like−kin
1153		-	was entered or the voluntary agreement under s. 48.63
1154		-	placing a child in a foster home or group home was made
1155		-	has jurisdiction upon petition of any interested party over − 12 −2023 Wisconsin Act 119 2023 Senate Bill 520
1156		-	the child who is placed in the foster home, group home,
1157		-	or home of the relative or like−kin. The circuit court may
1158		-	call a hearing, at which the head of the home and the
1159		-	supervising agency under sub. (2) shall be present, for the
1160		-	purpose of reviewing any decision or order of that agency
1161		-	involving the placement and care of the child. If the child
1162		-	has been placed in a foster home or in the home of a rela-
1163		-	tive other than a parent or in the home of like−kin, the fos-
1164		-	ter parent or, relative, or like−kin may present relevant
1165		-	evidence at the hearing. The petitioner has the burden of
1166		-	proving by clear and convincing evidence that the deci-
1167		-	sion or order issued by the agency is not in the best inter-
1168		-	ests of the child.
1169		-	SECTION 85. 48.67 (4) (b) of the statutes is amended
1170		-	to read:
1171		-	48.67 (4) (b) The training under par. (a) shall be avail-
1172		-	able to a kinship care relative provider, as defined in s.
1173		-	48.40 (1m), upon request of the kinship care relative
1174		-	provider.
1175		-	SECTION 86. 49.155 (1m) (a) 1m. b. of the statutes is
1176		-	amended to read:
1177		-	49.155 (1m) (a) 1m. b. The individual has not yet
1178		-	attained the age of 18 years and the individual resides
1179		-	with his or her custodial parent or with a kinship care rela-
1180		-	tive provider under s. 48.57 (3m) or with a long−term kin-
1181		-	ship care relative provider under s. 48.57 (3n) or is in a
1182		-	foster home licensed under s. 48.62, a subsidized
1183		-	guardianship home under s. 48.623, a group home, or an
1184		-	independent living arrangement supervised by an adult.
1185		-	SECTION 87. 118.175 (1) of the statutes is amended
1186		-	to read:
1187		-	118.175 (1) This section does not apply to a pupil
1188		-	who has a legal custodian, as defined in s. 48.02 (11) or
1189		-	938.02 (11), or who is cared for by a kinship care relative
	1684	+	SECTION 86. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
	1685	+	1
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	1687	+	3
	1688	+	4
	1689	+	5
	1690	+	6
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	1708	+	24 - 34 -2023 - 2024 Legislature LRB-4019/1
	1709	+	EHS:wlj&amn
	1710	+	SECTION 86 SENATE BILL 520
	1711	+	49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
	1712	+	and the individual resides with his or her custodial parent or with a kinship care
	1713	+	relative provider under s. 48.57 (3m) or with a long-term kinship care relative
	1714	+	provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized
	1715	+	guardianship home under s. 48.623, a group home, or an independent living
	1716	+	arrangement supervised by an adult.
	1717	+	SECTION 87. 118.175 (1) of the statutes is amended to read:
	1718	+	118.175 (1) This section does not apply to a pupil who has a legal custodian, as
	1719	+	defined in s. 48.02 (11) or 938.02 (11), or who is cared for by a kinship care relative
1190	1720		provider, as defined in s. 48.57 (3m) (a) 2.
1191		-	SECTION 88. 767.57 (1m) (cm) of the statutes is
1192		-	amended to read:
1193		-	767.57 (1m) (cm) A kinship care relative provider or
1194		-	a long−term kinship care relative provider of the child
1195		-	who is entitled to the support money has applied for or is
1196		-	receiving kinship care payments or long−term kinship
1197		-	care payments for that child and there is an assignment to
1198		-	the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the
1199		-	child’s right to the support money.
1200		-	SECTION 89. 767.57 (2) of the statutes is amended to
1201		-	read:
1202		-	767.57 (2) PROCEDURE IF RECIPIENT ON PUBLIC ASSIST-
1203		-	ANCE. If a party entitled to maintenance or support, or
1204		-	both, is receiving public assistance under ch. 49, the party
1205		-	may assign the party’s right to support or maintenance to
1206		-	the county department under s. 46.215, 46.22, or 46.23
1207		-	granting the assistance. The assignment shall be
1208		-	approved by order of the court granting the maintenance
1209		-	or support. The assignment may not be terminated if
1210		-	there is a delinquency in the amount to be paid to the
1211		-	assignee of maintenance and support previously ordered
1212		-	without the written consent of the assignee or upon notice
1213		-	to the assignee and a hearing. When an assignment of
1214		-	maintenance or support, or both, has been approved by
1215		-	the order, the assignee shall be deemed a real party in
1216		-	interest within s. 803.01 solely for the purpose of secur-
1217		-	ing payment of unpaid maintenance or support ordered to
1218		-	be paid, by participating in proceedings to secure the pay-
1219		-	ment of unpaid amounts. Notwithstanding assignment
1220		-	under this subsection, and without further order of the
1221		-	court, the department or its designee, upon receiving
1222		-	notice that a party or a minor child of the parties is receiv-
1223		-	ing aid under s. 48.645 or public assistance under ch. 49
1224		-	or that a kinship care relative provider or long−term kin-
1225		-	ship care relative provider of the minor child is receiving
1226		-	kinship care payments or long−term kinship care pay-
1227		-	ments for the minor child, shall forward all support
1228		-	assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645
1229		-	(3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under
1230		-	s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4)
1231		-	(h) 1., or 49.45 (19).
1232		-	SECTION 90. 938.02 (12c) of the statutes is created to
1233		-	read:
1234		-	938.02 (12c) “Like−kin” means an individual who
1235		-	has a significant emotional relationship with a child or
1236		-	the child’s family that is similar to a familial relationship
1237		-	and who is not and has not previously been the child’s
1238		-	licensed foster parent. For an Indian child, “like−kin”
1239		-	includes individuals identified by the child’s tribe
1240		-	according to tribal tradition, custom or resolution, code,
1241		-	or law.
1242		-	SECTION 91. 938.02 (15) of the statutes is amended
1243		-	to read:
1244		-	938.02 (15) “Relative” means a parent, stepparent,
1245		-	brother, sister, stepbrother, stepsister, half brother, half
1246		-	sister, brother−in−law, sister−in−law, first cousin, 2nd
1247		-	cousin, first cousin once removed, nephew, niece, uncle,
1248		-	aunt, stepuncle, stepaunt, or any person of a preceding
1249		-	generation as denoted by the prefix of grand, great, or
1250		-	great−great, whether by blood, marriage, or legal adop-
1251		-	tion, or the spouse of any person named in this subsec-
1252		-	tion, even if the marriage is terminated by death or
1253		-	divorce. For purposes of the application of s. 938.028
1254		-	and the federal Indian Child Welfare Act, 25 USC 1901
1255		-	to 1963, “relative” includes an extended family member,
1256		-	as defined in s. 938.028 (2) (a), whether by blood, mar-
1257		-	riage, or adoption, including adoption under tribal law or
1258		-	custom. For purposes of placement of a juvenile, “rela-
1259		-	tive” also includes a parent of a sibling of the juvenile
1260		-	who has legal custody of that sibling.
1261		-	SECTION 92. 938.028 (2) (c) of the statutes is
1262		-	amended to read:
1263		-	938.028 (2) (c) “Out−of−home care placement”
1264		-	means the removal of an Indian juvenile from the home
1265		-	of his or her parent or Indian custodian for temporary
1266		-	placement in a foster home, group home, residential care
1267		-	center for children and youth, or shelter care facility, in − 13 − 2023 Wisconsin Act 119 2023 Senate Bill 520
1268		-	the home of a relative other than a parent, in the home of
1269		-	like−kin, or in the home of a guardian, from which place-
1270		-	ment the parent or Indian custodian cannot have the juve-
1271		-	nile returned upon demand. “Out−of−home care place-
1272		-	ment” does not include an emergency change in
1273		-	placement under s. 938.357 (2) (b) or holding an Indian
1274		-	juvenile in custody under ss. 938.19 to 938.21.
1275		-	SECTION 93. 938.207 (1) (b) of the statutes is
1276		-	amended to read:
1277		-	938.207 (1) (b) The home of a relative or like−kin,
1278		-	except that a juvenile may not be held in the home of a
1279		-	relative if the relative person who has been convicted
1280		-	under s. 940.01 of the first−degree intentional homicide,
1281		-	or under s. 940.05 of the 2nd−degree intentional homi-
1282		-	cide, of a parent of the juvenile, and the conviction has
1283		-	not been reversed, set aside or vacated, unless the person
1284		-	making the custody decision determines by clear and
1285		-	convincing evidence that the placement would be in the
1286		-	best interests of the juvenile. The person making the cus-
1287		-	tody decision shall consider the wishes of the juvenile in
1288		-	making that determination.
1289		-	SECTION 94. 938.207 (1) (f) of the statutes is
1290		-	amended to read:
1291		-	938.207 (1) (f) The home of a person not a relative
1292		-	or like−kin if the person has not had a license under s.
1293		-	48.62 refused, revoked, or suspended within the previous
1294		-	2 years. A placement under this paragraph may not
1295		-	exceed 30 days, unless the placement is extended by the
1296		-	court for cause for an additional 30 days.
1297		-	SECTION 95. 938.33 (4) (intro.) of the statutes is
1298		-	amended to read:
1299		-	938.33 (4) OTHER OUT−OF−HOME PLACEMENTS.
1300		-	(intro.) A report recommending placement in a foster
1301		-	home, group home, or nonsecured residential care center
1302		-	for children and youth, in the home of a relative other than
1303		-	a parent, in the home of like−kin, in the home of a
1304		-	guardian under s. 48.977 (2), or in a supervised indepen-
1305		-	dent living arrangement shall be in writing, except that
1306		-	the report may be presented orally at the dispositional
1307		-	hearing if all parties consent. A report that is presented
1308		-	orally shall be transcribed and made a part of the court
1309		-	record. The report shall include all of the following:
1310		-	SECTION 96. 938.335 (3g) (intro.) of the statutes is
1311		-	amended to read:
1312		-	938.335 (3g) REASONABLE EFFORTS FINDING. (intro.)
1313		-	At hearings under this section, if the agency, as defined
1314		-	in s. 938.38 (1) (a), is recommending placement of the
1315		-	juvenile in a foster home, group home, or residential care
1316		-	center for children and youth, in the home of a relative
1317		-	other than a parent, in the home of like−kin, in the home
1318		-	of a guardian under s. 48.977 (2), or in a supervised inde-
1319		-	pendent living arrangement, the agency shall present as
1320		-	evidence specific information showing all of the follow-
1321		-	ing:
1322		-	SECTION 97. 938.335 (3j) (intro.) of the statutes is
1323		-	amended to read:
1324		-	938.335 (3j) INDIAN JUVENILE; ACTIVE EFFORTS FIND-
1325		-	ING. (intro.) At hearings under this section involving an
1326		-	Indian juvenile who is the subject of a proceeding under
1327		-	s. 938.13 (4), (6), (6m), or (7), if the agency, as defined
1328		-	in s. 938.38 (1) (a), is recommending removal of the
1329		-	Indian juvenile from the home of his or her parent or
1330		-	Indian custodian and placement of the Indian juvenile in
1331		-	a foster home, group home, or residential care center for
1332		-	children and youth or, in the home of a relative other than
1333		-	a parent, or in the home of like−kin, the agency shall
1334		-	present as evidence specific information showing all of
1335		-	the following:
1336		-	SECTION 98. 938.34 (3) (a) (intro.) of the statutes is
1337		-	amended to read:
1338		-	938.34 (3) (a) (intro.) The home of a parent or, other
1339		-	relative, or like−kin of the juvenile, except that the court
1340		-	may not designate any of the following as the juvenile’s
1341		-	placement, unless the court determines by clear and con-
1342		-	vincing evidence that the placement would be in the best
1343		-	interests of the juvenile or, in the case of an Indian juve-
1344		-	nile, the best interests of the Indian juvenile as described
1345		-	in s. 938.01 (3):
1346		-	SECTION 99. 938.34 (3) (a) 1. of the statutes is
1347		-	amended to read:
1348		-	938.34 (3) (a) 1. The home of a parent or, other rela-
1349		-	tive, or like−kin of the juvenile if the parent or, other rela-
1350		-	tive, or like−kin has been convicted of the homicide of a
1351		-	parent of the juvenile under s. 940.01 or 940.05, and the
1352		-	conviction has not been reversed, set aside, or vacated.
1353		-	In determining whether a placement under this subdivi-
1354		-	sion would be in the best interests of the juvenile, the
1355		-	court shall consider the wishes of the juvenile.
1356		-	SECTION 100. 938.34 (3) (a) 2. of the statutes is
1357		-	amended to read:
1358		-	938.34 (3) (a) 2. The home of a relative other than the
1359		-	parent of the juvenile or the home of like−kin if the court
1360		-	finds that the relative or like−kin has been convicted of,
1361		-	has pleaded no contest to, or has had a charge dismissed
1362		-	or amended as a result of a plea agreement for a crime
1363		-	under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a)
1364		-	1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07,
1365		-	948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
1366		-	948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
1367		-	law of another state.
1368		-	SECTION 101. 938.355 (4) (am) (intro.) of the statutes
1369		-	is amended to read:
1370		-	938.355 (4) (am) (intro.) Except as provided in par.
1371		-	(b) or s. 938.368, an order under this section or s. 938.357
1372		-	or 938.365 made before the juvenile attains 18 years of
1373		-	age that places or continues the placement of the juvenile
1374		-	in a foster home, group home, or residential care center
1375		-	for children and youth, in the home of a relative other than
1376		-	a parent, in the home of like−kin, or in a supervised inde-
1377		-	pendent living arrangement shall terminate on the latest
1378		-	of the following dates, unless the court specifies a shorter
1379		-	period or the court terminates the order sooner: − 14 −2023 Wisconsin Act 119 2023 Senate Bill 520
1380		-	SECTION 102. 938.357 (6) (a) (intro.) of the statutes
1381		-	is amended to read:
1382		-	938.357 (6) (a) (intro.) No change in placement may
1383		-	extend the expiration date of the original dispositional
1384		-	order, except that if the change in placement is from a
1385		-	placement in the juvenile’s home to a placement in a fos-
1386		-	ter home, group home, or residential care center for chil-
1387		-	dren and youth, in the home of a relative who is not a par-
1388		-	ent, in the home of like−kin, or in a supervised
1389		-	independent living arrangement, the court may extend
1390		-	the expiration date of the original dispositional order to
1391		-	the latest of the following dates, unless the court specifies
1392		-	a shorter period:
1393		-	SECTION 103. 938.357 (6) (b) of the statutes is
1394		-	amended to read:
1395		-	938.357 (6) (b) If the change in placement is from a
1396		-	placement in a foster home, group home, or residential
1397		-	care center for children and youth or in the home of a rela-
1398		-	tive or like−kin to a placement in the juvenile’s home and
1399		-	if the expiration date of the original dispositional order is
1400		-	more than one year after the date on which the change−
1401		-	in−placement order is granted, the court shall shorten the
1402		-	expiration date of the original dispositional order to the
1403		-	date that is one year after the date on which the change−
1404		-	in−placement order is granted or to an earlier date as
1405		-	specified by the court.
1406		-	SECTION 104. 938.365 (5) (b) (intro.) of the statutes
1407		-	is amended to read:
1408		-	938.365 (5) (b) (intro.) Except as provided in s.
1409		-	938.368, an order under this section that continues the
1410		-	placement of a juvenile in a foster home, group home, or
1411		-	residential care center for children and youth, in the home
1412		-	of a relative other than a parent, in the home of like−kin,
1413		-	or in a supervised independent living arrangement shall
1414		-	be for a specified length of time not to exceed the latest
1415		-	of the following dates:
1416		-	SECTION 105. 938.366 (1) (a) of the statutes is
1417		-	amended to read:
1418		-	938.366 (1) (a) The person is placed in a foster home,
1419		-	group home, or residential care center for children and
1420		-	youth, in the home of a relative other than a parent, in the
1421		-	home of like−kin, or in a supervised independent living
1422		-	arrangement under an order under s. 938.355, 938.357, or
1423		-	938.365 that terminates as provided in s. 938.355 (4)
1424		-	(am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365
1425		-	(5) (b) 1., 2., or 3. on or after the person attains 18 years
1426		-	of age.
1427		-	SECTION 106. 938.371 (1) (intro.) of the statutes is
1428		-	amended to read:
1429		-	938.371 (1) MEDICAL INFORMATION. (intro.) If a juve-
1430		-	nile is placed in a foster home, group home, residential
1431		-	care center for children and youth, or juvenile correc-
1432		-	tional facility or, in the home of a relative other than a par-
1433		-	ent, or in the home of like−kin, including a placement
1434		-	under s. 938.205 or 938.21, the agency, as defined in s.
1435		-	938.38 (1) (a), that placed the juvenile or arranged for the
1436		-	placement of the juvenile shall provide the following
1437		-	information to the foster parent, relative, like−kin, or
1438		-	operator of the group home, residential care center for
1439		-	children and youth, or juvenile correctional facility at the
1440		-	time of placement or, if the information has not been pro-
1441		-	vided to the agency by that time, as soon as possible after
1442		-	the date on which the agency receives that information,
1443		-	but not more than 2 working days after that date:
1444		-	SECTION 107. 938.371 (1) (a) of the statutes is
1445		-	amended to read:
1446		-	938.371 (1) (a) Results of an HIV test, as defined in
1447		-	s. 252.01 (2m), of the juvenile as provided under s.
1448		-	252.15 (3m) (d) 15., including results included in a court
1449		-	report or permanency plan. At the time that the test
1450		-	results are provided, the agency shall notify the foster
1451		-	parent, relative, like−kin, or operator of the group home,
1452		-	residential care center for children and youth, or juvenile
1453		-	correctional facility of the confidentiality requirements
1454		-	under s. 252.15 (6).
1455		-	SECTION 108. 938.371 (3) (intro.) of the statutes is
1456		-	amended to read:
1457		-	938.371 (3) OTHER INFORMATION. (intro.) At the time
1458		-	of placement of a juvenile in a foster home, group home,
1459		-	residential care center for children and youth, or juvenile
1460		-	correctional facility or in the home of a relative other than
1461		-	a parent or in the home of like−kin or, if the information
1462		-	is not available at that time, as soon as possible after the
1463		-	date on which the court report or permanency plan has
1464		-	been submitted, but no later than 7 days after that date, the
1465		-	agency, as defined in s. 938.38 (1) (a), responsible for
1466		-	preparing the juvenile’s permanency plan shall provide
1467		-	to the foster parent, relative, like−kin, or operator of the
1468		-	group home, residential care center for children and
1469		-	youth, or juvenile correctional facility information con-
1470		-	tained in the court report submitted under s. 938.33 (1) or
1471		-	938.365 (2g) or permanency plan submitted under s.
1472		-	938.355 (2e) or 938.38 relating to findings or opinions of
1473		-	the court or agency that prepared the court report or per-
1474		-	manency plan relating to any of the following:
1475		-	SECTION 109. 938.371 (5) of the statutes is amended
1476		-	to read:
1477		-	938.371 (5) CONFIDENTIALITY OF INFORMATION.
1478		-	Except as permitted under s. 252.15 (6), a foster parent,
1479		-	treatment foster parent, relative, like−kin, or operator of
1480		-	a group home, residential care center for children and
1481		-	youth, or juvenile correctional facility that receives any
1482		-	information under sub. (1) or (3), other than the informa-
1483		-	tion described in sub. (3) (e), shall keep the information
1484		-	confidential and may disclose that information only for
1485		-	the purposes of providing care for the juvenile or partici-
1486		-	pating in a court hearing or permanency review concern-
1487		-	ing the juvenile.
1488		-	SECTION 109m. 938.38 (1) (as) of the statutes is
1489		-	repealed.
1490		-	SECTION 110. 938.38 (2) (intro.) of the statutes is
1491		-	amended to read: − 15 − 2023 Wisconsin Act 119 2023 Senate Bill 520
1492		-	938.38 (2) PERMANENCY PLAN REQUIRED. (intro.)
1493		-	Except as provided in sub. (3), for each juvenile living in
1494		-	a foster home, group home, residential care center for
1495		-	children and youth, juvenile detention facility, shelter
1496		-	care facility, or supervised independent living arrange-
1497		-	ment, the agency that placed the juvenile or arranged the
1498		-	placement or the agency assigned primary responsibility
1499		-	for providing services to the juvenile under s. 938.355 (2)
1500		-	(b) 6g. shall prepare a written permanency plan, if any of
1501		-	the following conditions exists, and, for each juvenile liv-
1502		-	ing in the home of a guardian or a relative other than a par-
1503		-	ent or in the home of like−kin, that agency shall prepare
1504		-	a written permanency plan, if any of the conditions under
1505		-	pars. (a) to (e) exists:
1506		-	SECTION 111. 938.38 (3m) (a) of the statutes is
1507		-	amended to read:
1508		-	938.38 (3m) (a) All appropriate biological family
1509		-	members, relatives, and like−kin of the juvenile, as
1510		-	determined by the agency. Notwithstanding s. 938.02
1511		-	(12c), in this paragraph, “like−kin” may include an indi-
1512		-	vidual who is or previously was the child’s licensed foster
1513		-	parent.
1514		-	SECTION 112. 938.38 (4) (f) (intro.) of the statutes is
1515		-	amended to read:
1516		-	938.38 (4) (f) (intro.) A description of the services
1517		-	that will be provided to the juvenile, the juvenile’s family,
1518		-	and the juvenile’s foster parent, the operator of the facil-
1519		-	ity where the juvenile is living, or the relative or like−kin
1520		-	with whom the juvenile is living to carry out the disposi-
1521		-	tional order, including services planned to accomplish all
	1721	+	SECTION 88. 767.57 (1m) (cm) of the statutes is amended to read:
	1722	+	767.57 (1m) (cm) A kinship care relative provider or a long-term kinship care
	1723	+	relative provider of the child who is entitled to the support money has applied for or
	1724	+	is receiving kinship care payments or long-term kinship care payments for that child
	1725	+	and there is an assignment to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the
	1726	+	child's right to the support money.
	1727	+	SECTION 89. 767.57 (2) of the statutes is amended to read:
	1728	+	767.57 (2) PROCEDURE IF RECIPIENT ON PUBLIC ASSISTANCE. If a party entitled to
	1729	+	maintenance or support, or both, is receiving public assistance under ch. 49, the
	1730	+	party may assign the party's right to support or maintenance to the county
	1731	+	department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment
	1732	+	shall be approved by order of the court granting the maintenance or support. The
	1733	+	assignment may not be terminated if there is a delinquency in the amount to be paid
	1734	+	to the assignee of maintenance and support previously ordered without the written
	1735	+	consent of the assignee or upon notice to the assignee and a hearing. When an
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	1750	+	15
	1751	+	16
	1752	+	17
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	1760	+	25 - 35 -2023 - 2024 Legislature
	1761	+	LRB-4019/1
	1762	+	EHS:wlj&amn
	1763	+	SECTION 89
	1764	+	SENATE BILL 520
	1765	+	assignment of maintenance or support, or both, has been approved by the order, the
	1766	+	assignee shall be deemed a real party in interest within s. 803.01 solely for the
	1767	+	purpose of securing payment of unpaid maintenance or support ordered to be paid,
	1768	+	by participating in proceedings to secure the payment of unpaid amounts.
	1769	+	Notwithstanding assignment under this subsection, and without further order of the
	1770	+	court, the department or its designee, upon receiving notice that a party or a minor
	1771	+	child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49
	1772	+	or that a kinship care relative provider or long-term kinship care relative provider
	1773	+	of the minor child is receiving kinship care payments or long-term kinship care
	1774	+	payments for the minor child, shall forward all support assigned under s. 48.57 (3m)
	1775	+	(b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s.
	1776	+	48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).
	1777	+	SECTION 90. 938.02 (12c) of the statutes is created to read:
	1778	+	938.02 (12c) “Like-kin” means an individual who has a significant emotional
	1779	+	relationship with a child or the child's family that is similar to a familial relationship
	1780	+	and who is not and has not previously been the child's licensed foster parent. For an
	1781	+	Indian child, “like-kin” includes individuals identified by the child's tribe according
	1782	+	to tribal tradition, custom or resolution, code, or law.
	1783	+	SECTION 91. 938.02 (15) of the statutes is amended to read:
	1784	+	938.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
	1785	+	stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
	1786	+	cousin, first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
	1787	+	or any person of a preceding generation as denoted by the prefix of grand, great, or
	1788	+	great-great, whether by blood, marriage, or legal adoption, or the spouse of any
	1789	+	person named in this subsection, even if the marriage is terminated by death or
	1790	+	1
	1791	+	2
	1792	+	3
	1793	+	4
	1794	+	5
	1795	+	6
	1796	+	7
	1797	+	8
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	1800	+	11
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	1804	+	15
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	1808	+	19
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	1815	+	EHS:wlj&amn
	1816	+	SECTION 91 SENATE BILL 520
	1817	+	divorce. For purposes of the application of s. 938.028 and the federal Indian Child
	1818	+	Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member,
	1819	+	as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
	1820	+	adoption under tribal law or custom. For purposes of placement of a juvenile,
	1821	+	“relative" also includes a parent of a sibling of the juvenile who has legal custody of
	1822	+	that sibling.
	1823	+	SECTION 92. 938.028 (2) (c) of the statutes is amended to read:
	1824	+	938.028 (2) (c) “Out-of-home care placement" means the removal of an Indian
	1825	+	juvenile from the home of his or her parent or Indian custodian for temporary
	1826	+	placement in a foster home, group home, residential care center for children and
	1827	+	youth, or shelter care facility, in the home of a relative other than a parent, in the
	1828	+	home of like-kin, or in the home of a guardian, from which placement the parent or
	1829	+	Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
	1830	+	care placement" does not include an emergency change in placement under s.
	1831	+	938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
	1832	+	SECTION 93. 938.207 (1) (b) of the statutes is amended to read:
	1833	+	938.207 (1) (b) The home of a relative or like-kin, except that a juvenile may
	1834	+	not be held in the home of a relative if the relative person who has been convicted
	1835	+	under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
	1836	+	2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
	1837	+	not been reversed, set aside or vacated, unless the person making the custody
	1838	+	decision determines by clear and convincing evidence that the placement would be
	1839	+	in the best interests of the juvenile. The person making the custody decision shall
	1840	+	consider the wishes of the juvenile in making that determination.
	1841	+	SECTION 94. 938.207 (1) (f) of the statutes is amended to read:
	1842	+	1
	1843	+	2
	1844	+	3
	1845	+	4
	1846	+	5
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	1866	+	25 - 37 -2023 - 2024 Legislature
	1867	+	LRB-4019/1
	1868	+	EHS:wlj&amn
	1869	+	SECTION 94
	1870	+	SENATE BILL 520
	1871	+	938.207 (1) (f) The home of a person not a relative or like-kin if the person has
	1872	+	not had a license under s. 48.62 refused, revoked, or suspended within the previous
	1873	+	2 years. A placement under this paragraph may not exceed 30 days, unless the
	1874	+	placement is extended by the court for cause for an additional 30 days.
	1875	+	SECTION 95. 938.33 (4) (intro.) of the statutes is amended to read:
	1876	+	938.33 (4) OTHER OUT-OF-HOME PLACEMENTS. (intro.) A report recommending
	1877	+	placement in a foster home, group home, or nonsecured residential care center for
	1878	+	children and youth, in the home of a relative other than a parent, in the home of
	1879	+	like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised
	1880	+	independent living arrangement shall be in writing, except that the report may be
	1881	+	presented orally at the dispositional hearing if all parties consent. A report that is
	1882	+	presented orally shall be transcribed and made a part of the court record. The report
	1883	+	shall include all of the following:
	1884	+	SECTION 96. 938.335 (3g) (intro.) of the statutes is amended to read:
	1885	+	938.335 (3g) REASONABLE EFFORTS FINDING. (intro.) At hearings under this
	1886	+	section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
	1887	+	the juvenile in a foster home, group home, or residential care center for children and
	1888	+	youth, in the home of a relative other than a parent, in the home of like-kin, in the
	1889	+	home of a guardian under s. 48.977 (2), or in a supervised independent living
	1890	+	arrangement, the agency shall present as evidence specific information showing all
1522	1891		of the following:
1523		-	SECTION 113. 938.38 (4m) (b) of the statutes is
1524		-	amended to read:
1525		-	938.38 (4m) (b) At least 10 days before the date of
1526		-	the hearing the court shall notify the juvenile; any parent,
1527		-	guardian, and legal custodian of the juvenile; any foster
1528		-	parent, or other physical custodian described in s. 48.62
1529		-	(2) of the juvenile, the operator of the facility in which the
1530		-	juvenile is living, or the relative or like−kin with whom
1531		-	the juvenile is living; and, if the juvenile is an Indian juve-
1532		-	nile who is or is alleged to be in need of protection or ser-
1533		-	vices under s. 938.13 (4), (6), (6m), or (7), the Indian
1534		-	juvenile’s Indian custodian and tribe of the time, place,
1535		-	and purpose of the hearing, of the issues to be determined
1536		-	at the hearing, and of the fact that they shall have a right
1537		-	to be heard at the hearing.
1538		-	SECTION 114. 938.38 (4m) (d) of the statutes is
1539		-	amended to read:
1540		-	938.38 (4m) (d) The court shall give a foster parent,
1541		-	other physical custodian described in s. 48.62 (2), opera-
1542		-	tor of a facility, or relative, or like−kin who is notified of
1543		-	a hearing under par. (b) a right to be heard at the hearing
1544		-	by permitting the foster parent, other physical custodian,
1545		-	operator, or relative, or like−kin to make a written or oral
1546		-	statement during the hearing, or to submit a written state-
1547		-	ment prior to the hearing, relevant to the issues to be
1548		-	determined at the hearing. The foster parent, other physi-
1549		-	cal custodian, operator of a facility, or relative, or like−
1550		-	kin does not become a party to the proceeding on which
1551		-	the hearing is held solely on the basis of receiving that
1552		-	notice and right to be heard.
1553		-	SECTION 115. 938.38 (5) (b) of the statutes is
1554		-	amended to read:
1555		-	938.38 (5) (b) The court or the agency shall notify the
1556		-	juvenile; the juvenile’s parent, guardian, and legal custo-
1557		-	dian; the juvenile’s foster parent, the operator of the facil-
1558		-	ity in which the juvenile is living, or the relative or like−
1559		-	kin with whom the juvenile is living; and, if the juvenile
1560		-	is an Indian juvenile who is placed outside the home of
1561		-	his or her parent or Indian custodian under s. 938.13 (4),
1562		-	(6), (6m), or (7), the Indian juvenile’s Indian custodian
1563		-	and tribe of the time, place, and purpose of the review, of
1564		-	the issues to be determined as part of the review, and of
1565		-	the fact that they shall have a right to be heard at the
1566		-	review as provided in par. (bm) 1. The court or agency
1567		-	shall notify the person representing the interests of the
1568		-	public, the juvenile’s counsel, the juvenile’s guardian ad
1569		-	litem, and the juvenile’s school of the time, place, and
1570		-	purpose of the review, of the issues to be determined as
1571		-	part of the review, and of the fact that they may have an
1572		-	opportunity to be heard at the review as provided in par.
1573		-	(bm) 1. The notices under this paragraph shall be pro-
1574		-	vided in writing not less than 30 days before the review
1575		-	and copies of the notices shall be filed in the juvenile’s
1576		-	case record. The notice to the juvenile’s school shall also
1577		-	include the name and contact information for the case-
1578		-	worker or social worker assigned to the juvenile’s case.
1579		-	SECTION 116. 938.38 (5) (bm) 1. of the statutes is
1580		-	amended to read:
1581		-	938.38 (5) (bm) 1. A juvenile, parent, guardian, legal
1582		-	custodian, foster parent, operator of a facility, or relative,
1583		-	or like−kin who is provided notice of the review under
1584		-	par. (b) shall have a right to be heard at the review by sub-
1585		-	mitting written comments relevant to the determinations
1586		-	specified in par. (c) not less than 10 working days before
1587		-	the date of the review or by participating at the review.
1588		-	A person representing the interests of the public, counsel,
1589		-	guardian ad litem, or school who is provided notice of the
1590		-	review under par. (b) may have an opportunity to be heard
1591		-	at the review by submitting written comments relevant to
1592		-	the determinations specified in par. (c) not less than 10
1593		-	working days before the date of the review. A foster par-
1594		-	ent, operator of a facility, or relative, or like−kin who
1595		-	receives notice of a review under par. (b) and a right to be
1596		-	heard under this subdivision does not become a party to
1597		-	the proceeding on which the review is held solely on the
1598		-	basis of receiving that notice and right to be heard.
1599		-	SECTION 117. 938.38 (5) (e) of the statutes is
1600		-	amended to read:
1601		-	938.38 (5) (e) Within 30 days, the agency shall pre-
1602		-	pare a written summary of the determinations under par.
1603		-	(c) and shall provide a copy to the court that entered the − 16 −2023 Wisconsin Act 119 2023 Senate Bill 520
1604		-	order; the juvenile or the juvenile’s counsel or guardian
1605		-	ad litem; the person representing the interests of the pub-
1606		-	lic; the juvenile’s parent, guardian, or legal custodian; the
1607		-	juvenile’s foster parent, the operator of the facility where
1608		-	the juvenile is living, or the relative or like−kin with
1609		-	whom the juvenile is living; and, if the juvenile is an
1610		-	Indian juvenile who is placed outside the home of his or
1611		-	her parent or Indian custodian under s. 938.13 (4), (6),
1612		-	(6m), or (7), the Indian juvenile’s Indian custodian and
1613		-	tribe.
1614		-	SECTION 118. 938.38 (5m) (b) of the statutes is
1615		-	amended to read:
1616		-	938.38 (5m) (b) The court shall notify the juvenile;
1617		-	the juvenile’s parent, guardian, and legal custodian; and
1618		-	the juvenile’s foster parent, the operator of the facility in
1619		-	which the juvenile is living, or the relative or like−kin
1620		-	with whom the juvenile is living of the time, place, and
1621		-	purpose of the hearing, of the issues to be determined at
1622		-	the hearing, and of the fact that they shall have a right to
1623		-	be heard at the hearing as provided in par. (c) 1. The court
1624		-	shall notify the juvenile’s counsel and the juvenile’s
1625		-	guardian ad litem; the agency that prepared the perma-
1626		-	nency plan; the juvenile’s school; the person representing
1627		-	the interests of the public; and, if the juvenile is an Indian
1628		-	juvenile who is placed outside the home of his or her par-
1629		-	ent or Indian custodian under s. 938.13 (4), (6), (6m), or
1630		-	(7), the Indian juvenile’s Indian custodian and tribe of the
1631		-	time, place, and purpose of the hearing, of the issues to
1632		-	be determined at the hearing, and of the fact that they may
1633		-	have an opportunity to be heard at the hearing as provided
1634		-	in par. (c) 1. The notices under this paragraph shall be
1635		-	provided in writing not less than 30 days before the hear-
1636		-	ing. The notice to the juvenile’s school shall also include
1637		-	the name and contact information for the caseworker or
1638		-	social worker assigned to the juvenile’s case.
1639		-	SECTION 119. 938.38 (5m) (c) 1. of the statutes is
1640		-	amended to read:
1641		-	938.38 (5m) (c) 1. A juvenile, parent, guardian, legal
1642		-	custodian, foster parent, operator of a facility, or relative,
1643		-	or like−kin who is provided notice of the hearing under
1644		-	par. (b) shall have a right to be heard at the hearing by sub-
1645		-	mitting written comments relevant to the determinations
1646		-	specified in sub. (5) (c) not less than 10 working days
1647		-	before the date of the hearing or by participating at the
1648		-	hearing. A counsel, guardian ad litem, agency, school, or
1649		-	person representing the interests of the public who is pro-
1650		-	vided notice of the hearing under par. (b) may have an
1651		-	opportunity to be heard at the hearing by submitting writ-
1652		-	ten comments relevant to the determinations specified in
1653		-	sub. (5) (c) not less than 10 working days before the date
1654		-	of the hearing or by participating at the hearing. A foster
1655		-	parent, operator of a facility, or relative, or like−kin who
1656		-	receives notice of a hearing under par. (b) and a right to
1657		-	be heard under this subdivision does not become a party
1658		-	to the proceeding on which the hearing is held solely on
1659		-	the basis of receiving that notice and right to be heard.
1660		-	SECTION 120. 938.38 (5m) (e) of the statutes is
1661		-	amended to read:
1662		-	938.38 (5m) (e) After the hearing, the court shall
1663		-	make written findings of fact and conclusions of law
1664		-	relating to the determinations under sub. (5) (c) and shall
1665		-	provide a copy of those findings of fact and conclusions
1666		-	of law to the juvenile; the juvenile’s parent, guardian, and
1667		-	legal custodian; the juvenile’s foster parent, the operator
1668		-	of the facility in which the juvenile is living, or the rela-
1669		-	tive or like−kin with whom the juvenile is living; the
1670		-	agency that prepared the permanency plan; the person
1671		-	representing the interests of the public; and, if the juve-
1672		-	nile is an Indian juvenile who is placed outside the home
1673		-	of his or her parent or Indian custodian under s. 938.13
1674		-	(4), (6), (6m), or (7), the Indian juvenile’s Indian custo-
1675		-	dian and tribe. The court shall make the findings speci-
1676		-	fied in sub. (5) (c) 7. on a case−by−case basis based on cir-
1677		-	cumstances specific to the juvenile and shall document or
1678		-	reference the specific information on which those find-
1679		-	ings are based in the findings of fact and conclusions of
1680		-	law prepared under this paragraph. Findings of fact and
1681		-	conclusions of law that merely reference sub. (5) (c) 7.
1682		-	without documenting or referencing that specific infor-
1683		-	mation in the findings of fact and conclusions of law or
1684		-	amended findings of fact and conclusions of law that
1685		-	retroactively correct earlier findings of fact and conclu-
1686		-	sions of law that do not comply with this paragraph are
1687		-	not sufficient to comply with this paragraph.
1688		-	SECTION 121. 938.385 (intro.) of the statutes is
1689		-	amended to read:
1690		-	938.385 Plan for transition to independent living.
1691		-	(intro.) During the 90 days immediately before a juvenile
1692		-	who is placed in a foster home, group home, or residential
1693		-	care center for children and youth, in the home of a rela-
1694		-	tive other than a parent, in the home of like−kin, or in a
1695		-	supervised independent living arrangement attains 18
1696		-	years of age or, if the juvenile is placed in such a place-
1697		-	ment under an order under s. 938.355, 938.357, or
1698		-	938.365 that terminates under s. 938.355 (4) (am) after
	1892	+	SECTION 97. 938.335 (3j) (intro.) of the statutes is amended to read:
	1893	+	938.335 (3j) INDIAN JUVENILE; ACTIVE EFFORTS FINDING. (intro.) At hearings
	1894	+	under this section involving an Indian juvenile who is the subject of a proceeding
	1895	+	under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is
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	1921	+	EHS:wlj&amn
	1922	+	SECTION 97 SENATE BILL 520
	1923	+	recommending removal of the Indian juvenile from the home of his or her parent or
	1924	+	Indian custodian and placement of the Indian juvenile in a foster home, group home,
	1925	+	or residential care center for children and youth or, in the home of a relative other
	1926	+	than a parent, or in the home of like-kin, the agency shall present as evidence
	1927	+	specific information showing all of the following:
	1928	+	SECTION 98. 938.34 (3) (a) (intro.) of the statutes is amended to read:
	1929	+	938.34 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the
	1930	+	juvenile, except that the court may not designate any of the following as the juvenile's
	1931	+	placement, unless the court determines by clear and convincing evidence that the
	1932	+	placement would be in the best interests of the juvenile or, in the case of an Indian
	1933	+	juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):
	1934	+	SECTION 99. 938.34 (3) (a) 1. of the statutes is amended to read:
	1935	+	938.34 (3) (a) 1. The home of a parent or, other relative, or like-kin of the
	1936	+	juvenile if the parent or, other relative, or like-kin has been convicted of the homicide
	1937	+	of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been
	1938	+	reversed, set aside, or vacated. In determining whether a placement under this
	1939	+	subdivision would be in the best interests of the juvenile, the court shall consider the
	1940	+	wishes of the juvenile.
	1941	+	SECTION 100. 938.34 (3) (a) 2. of the statutes is amended to read:
	1942	+	938.34 (3) (a) 2. The home of a relative other than the parent of the juvenile
	1943	+	or the home of like-kin if the court finds that the relative or like-kin has been
	1944	+	convicted of, has pleaded no contest to, or has had a charge dismissed or amended
	1945	+	as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03
	1946	+	(2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
	1947	+	1
	1948	+	2
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	1971	+	LRB-4019/1
	1972	+	EHS:wlj&amn
	1973	+	SECTION 100
	1974	+	SENATE BILL 520
	1975	+	948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or
	1976	+	a similar law of another state.
	1977	+	SECTION 101. 938.355 (4) (am) (intro.) of the statutes is amended to read:
	1978	+	938.355 (4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order
	1979	+	under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years
	1980	+	of age that places or continues the placement of the juvenile in a foster home, group
	1981	+	home, or residential care center for children and youth, in the home of a relative other
	1982	+	than a parent, in the home of like-kin, or in a supervised independent living
	1983	+	arrangement shall terminate on the latest of the following dates, unless the court
	1984	+	specifies a shorter period or the court terminates the order sooner:
	1985	+	SECTION 102. 938.357 (6) (a) (intro.) of the statutes is amended to read:
	1986	+	938.357 (6) (a) (intro.) No change in placement may extend the expiration date
	1987	+	of the original dispositional order, except that if the change in placement is from a
	1988	+	placement in the juvenile's home to a placement in a foster home, group home, or
	1989	+	residential care center for children and youth, in the home of a relative who is not
	1990	+	a parent, in the home of like-kin, or in a supervised independent living arrangement,
	1991	+	the court may extend the expiration date of the original dispositional order to the
	1992	+	latest of the following dates, unless the court specifies a shorter period:
	1993	+	SECTION 103. 938.357 (6) (b) of the statutes is amended to read:
	1994	+	938.357 (6) (b) If the change in placement is from a placement in a foster home,
	1995	+	group home, or residential care center for children and youth or in the home of a
	1996	+	relative or like-kin to a placement in the juvenile's home and if the expiration date
	1997	+	of the original dispositional order is more than one year after the date on which the
	1998	+	change-in-placement order is granted, the court shall shorten the expiration date
	1999	+	of the original dispositional order to the date that is one year after the date on which
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	2007	+	8
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	2012	+	13
	2013	+	14
	2014	+	15
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	2025	+	EHS:wlj&amn
	2026	+	SECTION 103 SENATE BILL 520
	2027	+	the change-in-placement order is granted or to an earlier date as specified by the
	2028	+	court.
	2029	+	SECTION 104. 938.365 (5) (b) (intro.) of the statutes is amended to read:
	2030	+	938.365 (5) (b) (intro.) Except as provided in s. 938.368, an order under this
	2031	+	section that continues the placement of a juvenile in a foster home, group home, or
	2032	+	residential care center for children and youth, in the home of a relative other than
	2033	+	a parent, in the home of like-kin, or in a supervised independent living arrangement
	2034	+	shall be for a specified length of time not to exceed the latest of the following dates:
	2035	+	SECTION 105. 938.366 (1) (a) of the statutes is amended to read:
	2036	+	938.366 (1) (a) The person is placed in a foster home, group home, or residential
	2037	+	care center for children and youth, in the home of a relative other than a parent, in
	2038	+	the home of like-kin, or in a supervised independent living arrangement under an
	2039	+	order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355
	2040	+	(4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after
	2041	+	the person attains 18 years of age.
	2042	+	SECTION 106. 938.371 (1) (intro.) of the statutes is amended to read:
	2043	+	938.371 (1) MEDICAL INFORMATION. (intro.) If a juvenile is placed in a foster
	2044	+	home, group home, residential care center for children and youth, or juvenile
	2045	+	correctional facility or, in the home of a relative other than a parent, or in the home
	2046	+	of like-kin, including a placement under s. 938.205 or 938.21, the agency, as defined
	2047	+	in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the
	2048	+	juvenile shall provide the following information to the foster parent, relative,
	2049	+	like-kin, or operator of the group home, residential care center for children and
	2050	+	youth, or juvenile correctional facility at the time of placement or, if the information
	2051	+	has not been provided to the agency by that time, as soon as possible after the date
	2052	+	1
	2053	+	2
	2054	+	3
	2055	+	4
	2056	+	5
	2057	+	6
	2058	+	7
	2059	+	8
	2060	+	9
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	2062	+	11
	2063	+	12
	2064	+	13
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	2066	+	15
	2067	+	16
	2068	+	17
	2069	+	18
	2070	+	19
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	2072	+	21
	2073	+	22
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	2076	+	25 - 41 -2023 - 2024 Legislature
	2077	+	LRB-4019/1
	2078	+	EHS:wlj&amn
	2079	+	SECTION 106
	2080	+	SENATE BILL 520
	2081	+	on which the agency receives that information, but not more than 2 working days
	2082	+	after that date:
	2083	+	SECTION 107. 938.371 (1) (a) of the statutes is amended to read:
	2084	+	938.371 (1) (a) Results of an HIV test, as defined in s. 252.01 (2m), of the
	2085	+	juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court
	2086	+	report or permanency plan. At the time that the test results are provided, the agency
	2087	+	shall notify the foster parent, relative, like-kin, or operator of the group home,
	2088	+	residential care center for children and youth, or juvenile correctional facility of the
	2089	+	confidentiality requirements under s. 252.15 (6).
	2090	+	SECTION 108. 938.371 (3) (intro.) of the statutes is amended to read:
	2091	+	938.371 (3) OTHER INFORMATION. (intro.) At the time of placement of a juvenile
	2092	+	in a foster home, group home, residential care center for children and youth, or
	2093	+	juvenile correctional facility or in the home of a relative other than a parent or in the
	2094	+	home of like-kin or, if the information is not available at that time, as soon as possible
	2095	+	after the date on which the court report or permanency plan has been submitted, but
	2096	+	no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
	2097	+	responsible for preparing the juvenile's permanency plan shall provide to the foster
	2098	+	parent, relative, like-kin, or operator of the group home, residential care center for
	2099	+	children and youth, or juvenile correctional facility information contained in the
	2100	+	court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan
	2101	+	submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court
	2102	+	or agency that prepared the court report or permanency plan relating to any of the
	2103	+	following:
	2104	+	SECTION 109. 938.371 (5) of the statutes is amended to read:
	2105	+	1
	2106	+	2
	2107	+	3
	2108	+	4
	2109	+	5
	2110	+	6
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	2120	+	16
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	2129	+	EHS:wlj&amn
	2130	+	SECTION 109 SENATE BILL 520
	2131	+	938.371 (5) CONFIDENTIALITY OF INFORMATION. Except as permitted under s.
	2132	+	252.15 (6), a foster parent, treatment foster parent, relative, like-kin, or operator of
	2133	+	a group home, residential care center for children and youth, or juvenile correctional
	2134	+	facility that receives any information under sub. (1) or (3), other than the information
	2135	+	described in sub. (3) (e), shall keep the information confidential and may disclose that
	2136	+	information only for the purposes of providing care for the juvenile or participating
	2137	+	in a court hearing or permanency review concerning the juvenile.
	2138	+	SECTION 110. 938.38 (2) (intro.) of the statutes is amended to read:
	2139	+	938.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3),
	2140	+	for each juvenile living in a foster home, group home, residential care center for
	2141	+	children and youth, juvenile detention facility, shelter care facility, or supervised
	2142	+	independent living arrangement, the agency that placed the juvenile or arranged the
	2143	+	placement or the agency assigned primary responsibility for providing services to the
	2144	+	juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any
	2145	+	of the following conditions exists, and, for each juvenile living in the home of a
	2146	+	guardian or a relative other than a parent or in the home of like-kin, that agency
	2147	+	shall prepare a written permanency plan, if any of the conditions under pars. (a) to
	2148	+	(e) exists:
	2149	+	SECTION 111. 938.38 (3m) (a) of the statutes is amended to read:
	2150	+	938.38 (3m) (a) All appropriate biological family members, relatives, and
	2151	+	like-kin of the juvenile, as determined by the agency. Notwithstanding s. 938.02
	2152	+	(12c), in this paragraph, “like-kin” may include an individual who is or previously
	2153	+	was the child's licensed foster parent.
	2154	+	SECTION 112. 938.38 (4) (f) (intro.) of the statutes is amended to read:
	2155	+	1
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	2157	+	3
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	2179	+	LRB-4019/1
	2180	+	EHS:wlj&amn
	2181	+	SECTION 112
	2182	+	SENATE BILL 520
	2183	+	938.38 (4) (f) (intro.) A description of the services that will be provided to the
	2184	+	juvenile, the juvenile's family, and the juvenile's foster parent, the operator of the
	2185	+	facility where the juvenile is living, or the relative or like-kin with whom the juvenile
	2186	+	is living to carry out the dispositional order, including services planned to accomplish
	2187	+	all of the following:
	2188	+	SECTION 113. 938.38 (4m) (b) of the statutes is amended to read:
	2189	+	938.38 (4m) (b) At least 10 days before the date of the hearing the court shall
	2190	+	notify the juvenile; any parent, guardian, and legal custodian of the juvenile; any
	2191	+	foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, the
	2192	+	operator of the facility in which the juvenile is living, or the relative or like-kin with
	2193	+	whom the juvenile is living; and, if the juvenile is an Indian juvenile who is or is
	2194	+	alleged to be in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the
	2195	+	Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
	2196	+	hearing, of the issues to be determined at the hearing, and of the fact that they shall
	2197	+	have a right to be heard at the hearing.
	2198	+	SECTION 114. 938.38 (4m) (d) of the statutes is amended to read:
	2199	+	938.38 (4m) (d) The court shall give a foster parent, other physical custodian
	2200	+	described in s. 48.62 (2), operator of a facility, or relative, or like-kin who is notified
	2201	+	of a hearing under par. (b) a right to be heard at the hearing by permitting the foster
	2202	+	parent, other physical custodian, operator, or relative, or like-kin to make a written
	2203	+	or oral statement during the hearing, or to submit a written statement prior to the
	2204	+	hearing, relevant to the issues to be determined at the hearing. The foster parent,
	2205	+	other physical custodian, operator of a facility, or relative, or like-kin does not
	2206	+	become a party to the proceeding on which the hearing is held solely on the basis of
	2207	+	receiving that notice and right to be heard.
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	2233	+	EHS:wlj&amn
	2234	+	SECTION 115 SENATE BILL 520
	2235	+	SECTION 115. 938.38 (5) (b) of the statutes is amended to read:
	2236	+	938.38 (5) (b) The court or the agency shall notify the juvenile; the juvenile's
	2237	+	parent, guardian, and legal custodian; the juvenile's foster parent, the operator of the
	2238	+	facility in which the juvenile is living, or the relative or like-kin with whom the
	2239	+	juvenile is living; and, if the juvenile is an Indian juvenile who is placed outside the
	2240	+	home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the
	2241	+	Indian juvenile's Indian custodian and tribe of the time, place, and purpose of the
	2242	+	review, of the issues to be determined as part of the review, and of the fact that they
	2243	+	shall have a right to be heard at the review as provided in par. (bm) 1. The court or
	2244	+	agency shall notify the person representing the interests of the public, the juvenile's
	2245	+	counsel, the juvenile's guardian ad litem, and the juvenile's school of the time, place,
	2246	+	and purpose of the review, of the issues to be determined as part of the review, and
	2247	+	of the fact that they may have an opportunity to be heard at the review as provided
	2248	+	in par. (bm) 1. The notices under this paragraph shall be provided in writing not less
	2249	+	than 30 days before the review and copies of the notices shall be filed in the juvenile's
	2250	+	case record. The notice to the juvenile's school shall also include the name and
	2251	+	contact information for the caseworker or social worker assigned to the juvenile's
	2252	+	case.
	2253	+	SECTION 116. 938.38 (5) (bm) 1. of the statutes is amended to read:
	2254	+	938.38 (5) (bm) 1. A juvenile, parent, guardian, legal custodian, foster parent,
	2255	+	operator of a facility, or relative, or like-kin who is provided notice of the review
	2256	+	under par. (b) shall have a right to be heard at the review by submitting written
	2257	+	comments relevant to the determinations specified in par. (c) not less than 10
	2258	+	working days before the date of the review or by participating at the review. A person
	2259	+	representing the interests of the public, counsel, guardian ad litem, or school who is
	2260	+	1
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	2284	+	25 - 45 -2023 - 2024 Legislature
	2285	+	LRB-4019/1
	2286	+	EHS:wlj&amn
	2287	+	SECTION 116
	2288	+	SENATE BILL 520
	2289	+	provided notice of the review under par. (b) may have an opportunity to be heard at
	2290	+	the review by submitting written comments relevant to the determinations specified
	2291	+	in par. (c) not less than 10 working days before the date of the review. A foster parent,
	2292	+	operator of a facility, or relative, or like-kin who receives notice of a review under par.
	2293	+	(b) and a right to be heard under this subdivision does not become a party to the
	2294	+	proceeding on which the review is held solely on the basis of receiving that notice and
	2295	+	right to be heard.
	2296	+	SECTION 117. 938.38 (5) (e) of the statutes is amended to read:
	2297	+	938.38 (5) (e) Within 30 days, the agency shall prepare a written summary of
	2298	+	the determinations under par. (c) and shall provide a copy to the court that entered
	2299	+	the order; the juvenile or the juvenile's counsel or guardian ad litem; the person
	2300	+	representing the interests of the public; the juvenile's parent, guardian, or legal
	2301	+	custodian; the juvenile's foster parent, the operator of the facility where the juvenile
	2302	+	is living, or the relative or like-kin with whom the juvenile is living; and, if the
	2303	+	juvenile is an Indian juvenile who is placed outside the home of his or her parent or
	2304	+	Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
	2305	+	custodian and tribe.
	2306	+	SECTION 118. 938.38 (5m) (b) of the statutes is amended to read:
	2307	+	938.38 (5m) (b) The court shall notify the juvenile; the juvenile's parent,
	2308	+	guardian, and legal custodian; and the juvenile's foster parent, the operator of the
	2309	+	facility in which the juvenile is living, or the relative or like-kin with whom the
	2310	+	juvenile is living of the time, place, and purpose of the hearing, of the issues to be
	2311	+	determined at the hearing, and of the fact that they shall have a right to be heard
	2312	+	at the hearing as provided in par. (c) 1. The court shall notify the juvenile's counsel
	2313	+	and the juvenile's guardian ad litem; the agency that prepared the permanency plan;
	2314	+	1
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	2338	+	25 - 46 -2023 - 2024 Legislature LRB-4019/1
	2339	+	EHS:wlj&amn
	2340	+	SECTION 118 SENATE BILL 520
	2341	+	the juvenile's school; the person representing the interests of the public; and, if the
	2342	+	juvenile is an Indian juvenile who is placed outside the home of his or her parent or
	2343	+	Indian custodian under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
	2344	+	custodian and tribe of the time, place, and purpose of the hearing, of the issues to be
	2345	+	determined at the hearing, and of the fact that they may have an opportunity to be
	2346	+	heard at the hearing as provided in par. (c) 1. The notices under this paragraph shall
	2347	+	be provided in writing not less than 30 days before the hearing. The notice to the
	2348	+	juvenile's school shall also include the name and contact information for the
	2349	+	caseworker or social worker assigned to the juvenile's case.
	2350	+	SECTION 119. 938.38 (5m) (c) 1. of the statutes is amended to read:
	2351	+	938.38 (5m) (c) 1. A juvenile, parent, guardian, legal custodian, foster parent,
	2352	+	operator of a facility, or relative, or like-kin who is provided notice of the hearing
	2353	+	under par. (b) shall have a right to be heard at the hearing by submitting written
	2354	+	comments relevant to the determinations specified in sub. (5) (c) not less than 10
	2355	+	working days before the date of the hearing or by participating at the hearing. A
	2356	+	counsel, guardian ad litem, agency, school, or person representing the interests of the
	2357	+	public who is provided notice of the hearing under par. (b) may have an opportunity
	2358	+	to be heard at the hearing by submitting written comments relevant to the
	2359	+	determinations specified in sub. (5) (c) not less than 10 working days before the date
	2360	+	of the hearing or by participating at the hearing. A foster parent, operator of a
	2361	+	facility, or relative, or like-kin who receives notice of a hearing under par. (b) and a
	2362	+	right to be heard under this subdivision does not become a party to the proceeding
	2363	+	on which the hearing is held solely on the basis of receiving that notice and right to
	2364	+	be heard.
	2365	+	SECTION 120. 938.38 (5m) (e) of the statutes is amended to read:
	2366	+	1
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	2390	+	25 - 47 -2023 - 2024 Legislature
	2391	+	LRB-4019/1
	2392	+	EHS:wlj&amn
	2393	+	SECTION 120
	2394	+	SENATE BILL 520
	2395	+	938.38 (5m) (e) After the hearing, the court shall make written findings of fact
	2396	+	and conclusions of law relating to the determinations under sub. (5) (c) and shall
	2397	+	provide a copy of those findings of fact and conclusions of law to the juvenile; the
	2398	+	juvenile's parent, guardian, and legal custodian; the juvenile's foster parent, the
	2399	+	operator of the facility in which the juvenile is living, or the relative or like-kin with
	2400	+	whom the juvenile is living; the agency that prepared the permanency plan; the
	2401	+	person representing the interests of the public; and, if the juvenile is an Indian
	2402	+	juvenile who is placed outside the home of his or her parent or Indian custodian
	2403	+	under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian custodian and tribe.
	2404	+	The court shall make the findings specified in sub. (5) (c) 7. on a case-by-case basis
	2405	+	based on circumstances specific to the juvenile and shall document or reference the
	2406	+	specific information on which those findings are based in the findings of fact and
	2407	+	conclusions of law prepared under this paragraph. Findings of fact and conclusions
	2408	+	of law that merely reference sub. (5) (c) 7. without documenting or referencing that
	2409	+	specific information in the findings of fact and conclusions of law or amended
	2410	+	findings of fact and conclusions of law that retroactively correct earlier findings of
	2411	+	fact and conclusions of law that do not comply with this paragraph are not sufficient
	2412	+	to comply with this paragraph.
	2413	+	SECTION 121. 938.385 (intro.) of the statutes is amended to read:
	2414	+	938.385 Plan for transition to independent living. (intro.) During the 90
	2415	+	days immediately before a juvenile who is placed in a foster home, group home, or
	2416	+	residential care center for children and youth, in the home of a relative other than
	2417	+	a parent, in the home of like-kin, or in a supervised independent living arrangement
	2418	+	attains 18 years of age or, if the juvenile is placed in such a placement under an order
	2419	+	under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after
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	2445	+	EHS:wlj&amn
	2446	+	SECTION 121 SENATE BILL 520
1699	2447		the juvenile attains 18 years of age or under a voluntary
1700		-	transition−to−independent−living agreement under s.
1701		-	938.366 (3) that terminates under s. 938.366 (3) (a) after
1702		-	the juvenile attains 18 years of age, during the 90 days
1703		-	immediately before the termination of the order or agree-
1704		-	ment, the agency primarily responsible for providing ser-
1705		-	vices to the juvenile under the order or agreement shall
	2448	+	transition-to-independent-living agreement under s. 938.366 (3) that terminates
	2449	+	under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days
	2450	+	immediately before the termination of the order or agreement, the agency primarily
	2451	+	responsible for providing services to the juvenile under the order or agreement shall
1706	2452		do all of the following:
1707	2453		SECTION 122.0Nonstatutory provisions.
1708		-	(1) If, prior to July 1, 2025, the department of chil-
1709		-	dren and families determines that there is sufficient fund-
1710		-	ing allocated under s. 49.175 (1) (s) to fund the expansion
1711		-	of the kinship care and long−term kinship care programs
1712		-	under this act, the department shall submit to the legisla-
1713		-	tive reference bureau for publication in the Wisconsin
1714		-	Administrative Register a notice specifying the date of
1715		-	that determination. − 17 − 2023 Wisconsin Act 119 2023 Senate Bill 520
	2454	+	(1) If, prior to July 1, 2024, the department of children and families determines
	2455	+	that there is sufficient funding allocated under s. 49.175 (1) (s) to fund the expansion
	2456	+	of the kinship care and long-term kinship care programs under this act, the
	2457	+	department shall submit to the legislative reference bureau for publication in the
	2458	+	Wisconsin Administrative Register a notice specifying the date of that
	2459	+	determination.
1716	2460		SECTION 123.0Effective date.
1717		-	(1) This act takes effect on the date specified in the
1718		-	notice published in the Wisconsin Administrative Regis-
1719		-	ter under SECTION 122 (1) of this act, or on July 1, 2025,
1720		-	whichever is earlier.
	2461	+	(1) This act takes effect on the date specified in the notice published in the
	2462	+	Wisconsin Administrative Register under SECTION 122 (1) of this act, or on July 1,
	2463	+	2025, whichever is earlier.
	2464	+	(END)
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