LRB-2107/3
GMM:emw&an
2015 - 2016 LEGISLATURE
October 13, 2015 - Introduced by Representatives Loudenbeck, Kleefisch,
Billings, Doyle, Edming, Johnson, Kulp, Skowronski, Spreitzer, Subeck,
Sinicki, A. Ott, Kitchens and Murphy, cosponsored by Senators Petrowski,
Moulton, Nass, Olsen and Lassa. Referred to Committee on Children and
Families.
AB407,1,10
1An Act to renumber 48.623 (6) and 48.977 (3r);
to amend 48.623 (1) (c), 48.623
2(2) (intro.), 48.623 (3) (c) 3., 48.623 (6) (title), 48.685 (1) (ag) 1. b., 48.685 (1) (b),
348.685 (2) (am) 5., 48.685 (2) (b) 1. e., 48.685 (3) (a), 48.685 (4m) (a) (intro.),
448.685 (4m) (ad), 48.685 (5) (bm) (intro.) and 48.977 (4) (b) 2.; and
to create
548.623 (6) (bm), 48.623 (7) (e), 48.977 (3r) (a) (title), 48.977 (3r) (b), 48.977 (4)
6(c) 1. gm. and 48.977 (5m) of the statutes;
relating to: appointment of a
7successor guardian for a child in need of protection or services and eligibility
8of a successor guardian for subsidized guardianship payments, providing an
9exemption from emergency rule procedures, and granting rule-making
10authority.
Analysis by the Legislative Reference Bureau
This bill permits the appointment of a successor guardian for a child in need of
protection or services to assume the duty and authority of guardianship on the death
or incapacity of the child's guardian. The bill also specifies the conditions that a
successor guardian must meet to be eligible for monthly subsidized guardianship
payments.
Under current law, a county department of human services or social services
(county department) or, in a county having a population of 750,000 or more, the
Department of Children and Families (DCF) must provide monthly subsidized
guardianship payments to the guardian of a child who has been adjudged to be in
need of protection or services if certain conditions have been met, including the
conditions that: 1) the child, if 14 years of age or over, has been consulted with
regarding the guardianship arrangement; 2) the guardian has a strong commitment
to caring for the child permanently; 3) the guardian is licensed as the child's foster
parent, which licensing includes an inspection of the guardian's home under rules
promulgated by DCF; 4) the guardian and all adult residents of the guardian's home
have passed a criminal background investigation; and 5) prior to being named as
guardian of the child, the guardian entered into a subsidized guardianship
agreement with the county department or DCF.
Current law also permits a county department or DCF to provide monthly
subsidized guardianship payments for a period of up to 12 months to an interim
caretaker on the death, incapacity, resignation, or removal of a subsidized guardian
if the interim caretaker meets certain conditions, including passing a home
inspection and a criminal background investigation.
This bill permits a subsidized guardianship agreement or an amended
subsidized guardianship agreement to also name a prospective successor guardian
to assume the duty and authority of guardianship on the death or incapacity of the
subsidized guardian. A person so named as a prospective successor guardian is
eligible for monthly subsidized guardianship payments only if the subsidized
guardianship agreement or amended subsidized guardianship agreement was
entered into before the death or incapacity of the subsidized guardian and if certain
other conditions are met, including the conditions that:
1. The county department or DCF determines that the child, if 14 years of age
or over, has been consulted with regarding the successor guardianship arrangement.
2. The county department or DCF determines that the person has a strong
commitment to caring for the child permanently.
3. The county department or DCF inspects the home of the person, interviews
the person, and determines that placement of the child with the person is in the best
interests of the child.
4. Prior to being appointed as successor guardian to assume the duty and
authority of guardianship, the person enters into a subsidized guardianship
agreement with the county department or DCF.
5. The person and all nonclient residents of the person's home have passed a
criminal background investigation conducted prior to the person entering into the
subsidized guardianship agreement.
6. The court assigned to exercise jurisdiction under the Children's Code
(juvenile court) confirms that the conditions required of a successor guardian have
been met, appoints the person as successor guardian to assume the duty and
authority of guardianship, and either terminates any juvenile court order placing the
child outside of the child's home or dismisses any juvenile court proceeding in which
the child has been adjudged to be in need of protection or services.
The bill also creates a procedure for the nomination and appointment of a
successor guardian for a child in need of protection or services. Under that
procedure, a person authorized to file a petition for the original appointment of a
guardian for a child in need of protection or services, upon the death or incapacity
of the initially appointed guardian, may file a petition for the appointment of a
person named as a prospective successor guardian of the child in a subsidized
guardianship agreement or amended subsidized guardianship agreement that was
entered into before the death or incapacity of the guardian as successor guardian to
assume the duty and authority of guardianship, and the juvenile court, after
hearing, may appoint that person as successor guardian to assume that duty and
authority.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB407,1
1Section
1. 48.623 (1) (c) of the statutes is amended to read:
AB407,3,62
48.623
(1) (c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345,
3938.357, 938.363, or 938.365 placing the child, or continuing the placement of the
4child, outside of the child's home has been terminated, or any proceeding in which
5the child has been adjudged to be in need of protection or services specified in s.
648.977 (2) (a) has been dismissed, as provided in s. 48.977 (3r)
(a).
AB407,2
7Section
2. 48.623 (2) (intro.) of the statutes is amended to read:
AB407,4,88
48.623
(2) Subsidized guardianship agreement. (intro.) Before a county
9department or the department may approve the provision of subsidized
10guardianship payments under sub. (1) to a proposed guardian, the county
11department or department shall negotiate and enter into a written, binding
12subsidized guardianship agreement with the proposed guardian and provide the
13proposed guardian with a copy of the agreement.
A subsidized guardianship
14agreement or an amended subsidized guardianship agreement may also name a
15prospective successor guardian of the child to assume the duty and authority of
1guardianship on the death or incapacity of the guardian. A successor guardian is
2eligible for monthly subsidized guardianship payments under this section only if the
3successor guardian is named as a prospective successor guardian of the child in a
4subsidized guardianship agreement or amended subsidized guardianship
5agreement that was entered into before the death or incapacity of the guardian, the
6conditions specified in sub. (6) (bm) are met, and the court appoints the successor
7guardian to assume the duty and authority of guardianship as provided in s. 48.977
8(5m). A subsidized guardianship agreement shall specify all of the following:
AB407,3
9Section
3. 48.623 (3) (c) 3. of the statutes is amended to read:
AB407,4,1510
48.623
(3) (c) 3. A county department or the department may propose to a
11person receiving monthly subsidized guardianship payments that the agreement
12under sub. (2)
(b) be amended to adjust the amount of those payments. If an
13adjustment in the amount of those payments is agreed to by the person receiving
14those payments, the agreement shall be amended in writing to specify the adjusted
15amount of those payments.
AB407,4
16Section
4. 48.623 (6) (title) of the statutes is amended to read:
AB407,4,1717
48.623
(6) (title)
Interim caretaker
; successor guardian.
AB407,5
18Section
5. 48.623 (6) of the statutes is renumbered 48.623 (6) (am).
AB407,6
19Section
6. 48.623 (6) (bm) of the statutes is created to read:
AB407,5,320
48.623
(6) (bm) On the death or incapacity of a guardian receiving payments
21under sub. (1), the county department or the department providing those payments
22shall provide monthly subsidized guardianship payments in the amount specified in
23sub. (3) (b) to a person named as a prospective successor guardian of the child in a
24subsidized guardianship agreement or amended subsidized guardianship
25agreement that was entered into before the death or incapacity of the guardian if all
1of the following conditions are met and the court appoints the person as successor
2guardian to assume the duty and authority of guardianship as provided in s. 48.977
3(5m):
AB407,5,64
1. The county department or department determines that the child, if 14 years
5of age or over, has been consulted with regarding the successor guardianship
6arrangement.
AB407,5,87
2. The county department or department determines that the person has a
8strong commitment to caring permanently for the child.
AB407,5,129
3. The county department or department inspects the home of the person,
10interviews the person, and determines that placement of the child with the person
11is in the best interests of the child. In the case of an Indian child, the best interests
12of the Indian child shall be determined in accordance with s. 48.01 (2).
AB407,5,1513
4. Prior to being appointed as successor guardian to assume the duty and
14authority of guardianship, the person enters into a subsidized guardianship
15agreement under sub. (2) with the county department or department.
AB407,5,2416
5. Prior to the person entering into the subsidized guardianship agreement, the
17county department or department conducts a background investigation under s.
1848.685 of the person and any nonclient resident, as defined in s. 48.685 (1) (bm), of
19the home of the person and determines that those individuals meet the requirements
20specified in s. 48.685. The county department or department shall provide the
21department of health services with information about each person who is denied
22monthly subsidized guardianship payments or permission to reside in the home of
23a person receiving those payments for a reason specified in s. 48.685 (4m) (a) 1. to 5.
24or (b) 1. to 5.
AB407,6,5
16. Any order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363,
2or 938.365 placing the child, or continuing the placement of the child, outside of the
3child's home has been terminated, or any proceeding in which the child has been
4adjudged to be in need of protection or services specified in s. 48.977 (2) (a) has been
5dismissed, as provided in s. 48.977 (3r) (b).
AB407,6,126
7. If the county department or department knows or has reason to know that
7the child is an Indian child, the county department or department provides notice of
8the Indian child's placement in the home of the person to the Indian child's parent,
9Indian custodian, and tribe and determines that the home of the person complies
10with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s.
1148.028 (7) (c), unless the county department or department finds good cause, as
12described in s. 48.028 (7) (e), for departing from that order.
AB407,7
13Section
7. 48.623 (7) (e) of the statutes is created to read:
AB407,6,1514
48.623
(7) (e) Rules governing the payment of monthly subsidized
15guardianship payments to a successor guardian of a child.
AB407,8
16Section
8. 48.685 (1) (ag) 1. b. of the statutes is amended to read:
AB407,6,2017
48.685
(1) (ag) 1. b. A person who has, or is seeking, a license, certification or
18contract to operate an entity
or, who is receiving, or is seeking, payment under s.
1948.623 (6)
(am) for operating an entity
, or who is seeking payment under s. 48.623
20(6) (bm) for operating an entity.
AB407,9
21Section
9. 48.685 (1) (b) of the statutes is amended to read:
AB407,7,722
48.685
(1) (b) "Entity" means a child welfare agency that is licensed under s.
2348.60 to provide care and maintenance for children, to place children for adoption,
24or to license foster homes; a foster home that is licensed under s. 48.62; an interim
25caretaker to whom subsidized guardianship payments are made under s. 48.623 (6);
1a person who is proposed to be named as a successor guardian in a successor
2guardianship agreement under s. 48.623 (2); a group home that is licensed under s.
348.625; a shelter care facility that is licensed under s. 938.22; a child care center that
4is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child
5care provider that is certified under s. 48.651; an organization that facilitates
6delegations of the care and custody of children under s. 48.979; or a temporary
7employment agency that provides caregivers to another entity.
AB407,10
8Section
10. 48.685 (2) (am) 5. of the statutes is amended to read:
AB407,7,229
48.685
(2) (am) 5. Information maintained by the department of health services
10under this section and under ss. 48.623 (6)
(b) (am) 2. and (bm) 5., 48.651 (2m), 48.75
11(1m), 48.979 (1) (b), and 120.13 (14) regarding any denial to the person of a license,
12continuation or renewal of a license, certification, or a contract to operate an entity,
13or of payments under s. 48.623 (6) for operating an entity, for a reason specified in
14sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a
15contract with, or permission to reside at an entity or of permission to reside with a
16caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub. (4m) (b) 1. to
175. If the information obtained under this subdivision indicates that the person has
18been denied a license, continuation or renewal of a license, certification, a contract,
19payments, employment, or permission to reside as described in this subdivision, the
20department, a county department, an agency contracted with under s. 48.651 (2), a
21child welfare agency, or a school board need not obtain the information specified in
22subds. 1. to 4.
AB407,11
23Section
11. 48.685 (2) (b) 1. e. of the statutes is amended to read:
AB407,8,1024
48.685
(2) (b) 1. e. Information maintained by the department of health
25services under this section and under ss. 48.623 (6)
(b) (am) 2. and (bm) 5., 48.651
1(2m), 48.75 (1m), 48.979 (1) (b), and 120.13 (14) regarding any denial to the person
2of a license, continuation or renewal of a license, certification, or a contract to operate
3an entity, or of payments under s. 48.623 (6) for operating an entity, for a reason
4specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of
5employment at, a contract with, or permission to reside at an entity or of permission
6to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason specified in sub.
7(4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates that the
8person has been denied a license, continuation or renewal of a license, certification,
9a contract, payments, employment, or permission to reside as described in this subd.
101. e., the entity need not obtain the information specified in subd. 1. a. to d.
AB407,12
11Section
12. 48.685 (3) (a) of the statutes is amended to read:
