The monthly rates that are paid for foster care; the levels of care that a foster home may provide; licensing of kinship care relatives to operate foster homes and, subject to certain exceptions, time limits on the receipt of kinship care payments; and licensing of foster homes across county lines

This bill makes various changes relating to: 1) the monthly rates that are paid for foster care and kinship care; 2) the levels of care that a foster home may provide;

3) licensing of kinship care relatives to operate foster homes and, subject to certain exceptions, time limits on kinship care payments; and 5) licensing of foster homes across county lines.

Monthly rates for foster care and kinship care.

Under current law, a foster parent who is a relative of the child who is receiving foster care is reimbursed for basic maintenance at the rate of $215 per month and, beginning on January 1, 2011, at the rate of $220 per month. Under current law, a foster parent who is a nonrelative of the child who is receiving foster care is reimbursed for basic maintenance according to age-related rates specified in the statutes and may receive supplemental payments that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child (supplemental payments) according to rules promulgated by DCF. Under current law, a kinship care relative who is providing care and maintenance for a child may receive payments in the amount of $215 per month for the care and maintenance provided for the child.

This bill provides that a foster parent who is licensed to provide the basic level of care under the rules promulgated by DCF is reimbursed at the rate of $215 per month and, beginning on January 1, 2011, at the rate of $220 per month, regardless of whether the foster parent is a relative or a nonrelative of the child who is receiving foster care. Similarly, the bill also provides that a foster parent who is licensed to provide care at a level of care that is higher than that basic level of care is reimbursed according to the current statutory age-related rates and may receive supplemental payments, regardless of whether the foster parent is a relative or a nonrelative of the child who is receiving foster care. In addition, beginning on January 1, 2011, the bill raises the amount paid to a kinship care relative for the care and maintenance of a child to $220 per month.

Levels of care that a foster home may provide.

Under current law, a foster home that is licensed to provide a given level of care may provide foster care for any child whose needs are assessed to be at or below the level of care that the foster home is licensed to provide. This bill also permits a foster home that is licensed to provide a given level of care to provide foster care for a child whose needs are assessed to be above that level of care, if support and services sufficient to meet those needs are provided.

Licensing of kinship care relatives to operate foster homes and time limits on kinship care payments.

The bill requires a kinship care relative who is providing care and maintenance for a child who is placed in the kinship care relative's home under an order of the court assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile court), as a condition for the receipt of kinship care payments, to apply for a license to operate a foster home and, subject to certain exceptions, places time limits on the receipt of kinship care payments.

Specifically, the bill permits a county department or, in Milwaukee County, DCF to make kinship care payments to a kinship care relative who is providing care and maintenance for a child who is placed in the home of the kinship care relative under a juvenile court order for no more than 60 days after the date on which the county department or DCF received the completed application of the kinship care relative for a license to operate a foster home or, if the application is approved or denied within those 60 days, until the date on which the application is approved or denied.

If the application is not approved or denied within those 60 days for any reason other than an act or omission of the kinship care relative, the county department or DCF may make kinship care payments for four months after the date on which the county department or DCF received the completed application or, if the application is approved or denied within those four months, until the date on which the application is approved or denied.

Notwithstanding that an application of a kinship care relative for a foster home license is denied, the county department or DCF may make kinship care payments to the kinship care relative for as long as the kinship care relative continues to meet the conditions for eligibility for those payments if the county department or DCF submits to the juvenile court information relating to the background investigation required when a kinship care relative applies for kinship care payments, an assessment of the safety of the kinship care relative's home and the ability of the kinship care relative to care for the child, and a recommendation that the child remain in the home of the kinship care relative, and the juvenile court, after considering that information, assessment, and recommendation, orders the child to remain in the kinship care relative's home.

Similarly, the bill requires a kinship care relative who on the day before the effective date of the bill is receiving kinship care payments for the care and maintenance of a child who is placed in the kinship care relative's home under a juvenile court order to obtain a license to operate a foster home by no later than six months after the date of the first annual review of the kinship care placement occurring after the effective date of the bill. If the kinship care relative refuses to obtain such a license or is unable to meet the minimum requirements for the issuance of such a license, at the first permanency plan review or permanency plan hearing occurring after the date by which the kinship care relative is required to obtain the license, the agency that prepared the child's permanency plan must make a recommendation, and the juvenile court or panel conducting the review or hearing must make a determination, regarding the continuing necessity for and safety and appropriateness of the placement. If the juvenile court or panel determines that the placement continues to be necessary, safe, and appropriate, the child may remain in the placement and the kinship care relative may continue to receive kinship care payments.

Licensing of foster homes across county lines.

Under current law, a county department or, in Milwaukee County, DCF (collectively "public licensing agency") may license a foster home that is located in another county if the person who will be licensed is a relative or guardian of the child, the foster parent moves with the child to the other county and the license will allow the foster parent to continue to care for the child, or the counties are contiguous. A public licensing agency, however, may not license a foster home in another county under those circumstances unless the public licensing agency issuing the license and the public licensing agency of the other county enter into a written agreement that includes: 1) a statement that the public licensing agency issuing the license has placement and care responsibility for the child and has primary responsibility for providing services to the child, as specified in the agreement; 2) a statement that the public licensing agency issuing the license is responsible for the costs of the placement and any related costs, as specified in the agreement; and 3) a description of the procedures to be followed in providing emergency services to the child and to the foster parent, as specified in the agreement.

This bill permits a public licensing agency to license a foster home in another county under those circumstances without entering into an agreement with the public licensing agency of the other county. The public licensing agency issuing the license, however, is still required to have placement and care responsibility for the child and primary responsibility for providing services to the child, is still responsible for the costs of the placement and any related costs, and must have in place procedures to be followed in providing emergency services to the child and to the foster parent.