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AB1053: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6216/1
EHS:cdc
2025 ASSEMBLY BILL 1053
February 26, 2026 - Introduced by Representatives
Kaufert
,
Behnke
,
Knodl
,
Maxey
,
Melotik
,
Murphy
,
O'Connor
,
Sinicki
and
Wichgers
, cosponsored by Senator
Jacque
. Referred to Committee on Children and Families.
AB1053,1,2
1
An Act
to create
48.49 of the statutes;
relating to:
the state or federal benefits
2
of a child in out-of-home care.
Analysis by the Legislative Reference Bureau
Under this bill, if the Department of Children and Families or a county department of human services or social services (collectively, the department) is appointed as representative payee for a child in out-of-home care who is receiving state or federal benefits, the department must conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs, consistent with the best interests of the child; provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department’s care; and work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits the department’s care. Under the bill, the department may contract with a public or private agency to fulfill the requirements of the bill. The bill prohibits the department from using benefits received on behalf of a child to pay for the costs of caring for the child in out-of-home care.
For further information see the state and local 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:
AB1053,1
1
Section
1
.
48.49 of the statutes is created to read:
AB1053,2,5
2
48.49
State or federal benefits of a child in out-of-home care.
(1)
If the
3
department or county department is appointed as representative payee for a child
4
in out-of-home care who receives state or federal benefits, the department or county
5
department shall do all the following:
AB1053,2,7
6
(a) Consistent with the best interests of the child, conserve the child’s benefits
7
in protected accounts that avoid asset limitations for federal and state programs.
AB1053,2,11
8
(b) Provide a periodic accounting to the child, the child’s attorney or guardian
9
ad litem, and the child’s parent, guardian, or Indian custodian regarding the
10
conservation and use of the child’s benefits while the child is in the department or
11
county department’s care.
AB1053,2,14
12
(c) Work with the child and the appropriate federal agency to return
13
remaining funds to the child or another fiduciary once the child exits out-of-home
14
care.
AB1053,2,16
15
(
2
) The department may take any necessary steps to facilitate statewide
16
compliance with this section.
AB1053,2,20
17
(
3
) The department or a county department may contract with a public or
18
private agency to fulfill the requirements of this section. The department may
19
contract with a public or private agency to fulfill the requirements of this section on
20
behalf of a county department.
AB1053,3,2
21
(
4
) State or federal benefits received by the department or a county
1
department on behalf of a child may not be used by the department or a county
2
department to pay for the costs of caring for the child in out-of-home care.
AB1053,3,3
3
(end)
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