1997 Wisconsin Act 35

35,101 Section 101 . 48.44 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.44 (1) The court has jurisdiction over persons 17 years of age or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

Note: Adds “years of age" for clarity and consistency with current style.

35,102 Section 102 . 48.45 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

Note: Adds “years of age" for clarity and consistency with current style.

35,103 Section 103 . 48.45 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

48.45 (3) If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

Note: Adds “years of age" for clarity and consistency with current style.

35,104 Section 104 . 48.48 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2526 and 9126 (19), is amended to read:

48.48 (title) Authority of department of health and family services. (intro.) The department of health and family services shall have authority:

Note: Effective July 1, 1996, s. 48.02 (4) defines “department" to mean the department of health and family services when used in ch. 48.

35,105 Section 105 . 48.55 of the statutes, as affected by 1995 Wisconsin Act 266, is amended to read:

48.55 State adoption information exchange. The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes. The department shall adopt rules governing the adoption information exchange and, from the appropriation under s. 20.435 (6) (3) (dg), may provide not more than $75,000 in each fiscal year as grants to individuals and private agencies for adoption information exchange services.

Note: 1995 Wis. Act 27 renumbered s. 20.435 (6) (dg) to s. 20.435 (3) (dg).

35,106 Section 106 . 48.57 (3m) (am) 4. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3m) (am) 4. The county department conducts a background investigation under sub. (3p) of the kinship care relative, the employes any employe and prospective employes employe of the kinship care relative who have has or would have regular contact with the child for whom the payments would be made and any other adult resident of the kinship care relative's home to determine if the kinship care relative, employe, prospective employe or adult resident has any arrests or convictions that could adversely affect the child or the kinship care relative's ability to care for the child.

Note: Adds and amends language for internal consistency.

35,107 Section 107 . 48.57 (3m) (b) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3m) (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am).

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

35,108 Section 108 . 48.57 (3p) (c) 3. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3p) (c) 3. Before a person that who is receiving payments under sub. (3m) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

Note: Inserts correct word.

35,109 Section 109 . 48.57 (3p) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3p) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

35,110 Section 110 . 48.57 (3p) (g) 2. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the applicant or other person would be subject to a penalty specified in any of those sections if convicted in this state.

Note: Deletes unnecessary phrase. “Person" would include an applicant.

35,111 Section 111 . 48.57 (3p) (g) 3. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may employ in a position in which the person would have regular contact with the child for whom those payments are being made or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

Note: Amends provision consistent with the amendments to s. 48.57 (3m) and (3p) (g) (intro.) by 1995 Wis. Act 289 effective July 1, 1997.

35,112 Section 112 . 48.65 (1m) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.65 (1m) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

35,113 Section 113 . 48.651 (2) (g) 1. of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

48.651 (2) (g) 1. The person has been convicted of a violation of ch. 161 961 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 961 that is punishable as a felony if committed in this state.

Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961 by 1995 Wis. Act 448.

35,114 Section 114 . 48.675 (3) (intro.) of the statutes is amended to read:

48.675 (3)  Support services. (intro.) The department shall provide funds from the appropriations appropriation under s. 20.435 (3) (ho) and (6) (a) to enable foster parents and treatment foster parents to attend education programs approved under sub. (2) and shall promulgate rules concerning disbursement of the funds. Moneys disbursed under this subsection may be used for the following purposes:

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (ho) effective 7-1-96.

35,115 Section 115 . 48.92 (2) of the statutes is amended to read:

48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adoptive adopted person's birth parents, unless the birth parent is the spouse of the adoptive parent, shall be completely altered and all the rights, duties and other legal consequences of the relationship shall cease to exist. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.

Note: Corrects error in transcribing 1991 Wis. Act 316.

35,116 Section 116 . 48.977 (4) (cm) 2. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

48.977 (4) (cm) 2. If the petition is not contested and if the court accepts the plea of no contest, the court may immediately proceed to a dispositional hearing under par. (f) (fm), unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing.

Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional hearings are under s. 48.977 (4) (fm).

35,117 Section 117 . 48.977 (4) (cm) 3. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

48.977 (4) (cm) 3. If the petition is contested or if the court does not accept the plead plea of no contest, the court shall set a date for a fact-finding hearing under par. (d) which allows reasonable time for the parties to prepare but is not more than 30 days after the plea hearing.

Note: Inserts correct word.

35,118 Section 118 . 48.977 (4) (e) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

48.977 (4) (e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (f) (fm).

Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional hearings are under s. 48.977 (4) (fm).

35,119 Section 119 . 49.025 (3) of the statutes is amended to read:

49.025 (3) Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.

Note: Deletes language inadvertently inserted into the wrong provision.

35,120 Section 120 . 49.19 (11s) (d) of the statutes, as created by 1995 Wisconsin Act 12, is amended to read:

49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons who are subject to par. (b).

Note: 1995 Wis. Act 27 renumbered s. 20.435 (4) (a) to be s. 20.445 (3) (a) effective 7-1-96.

35,121 Section 121 . 49.193 (3m) (c) of the statutes, as created by 1995 Wisconsin Act 12, is amended to read:

49.193 (3m) (c) The department may require any adult applicant for aid under s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) 49.26 (1) (g) to attend an orientation session under this paragraph at a time that would conflict with school attendance.

Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) eff. 7-1-96.

35,122 Section 122 . 49.193 (3m) (d) of the statutes, as created by 1995 Wisconsin Act 12, is amended to read:

49.193 (3m) (d) The department may require any adult applicant for aid under s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) 49.26 (1) (g) to participate in any job search activity under this paragraph at a time that would conflict with school attendance.

Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) effective 7-1-96.

35,123 Section 123 . 49.197 (3) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under subch. IV, Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department shall fund the activities under this section from the appropriation under s. 20.445 (4) (3) (L).

NOTE: The stricken “(4)" was inserted by 1995 Wis. Act 289 without being underscored and underscored “(3)" was deleted without being stricken. No change was intended.

35,124 Section 124 . 49.27 (5) (d) of the statutes is amended to read:

49.27 (5) (d) Participation requirements. Within a 2-month period beginning on the work-not-welfare group's enrollment date, each member of the work-not-welfare group who is subject to the employment and training program described in this subsection shall participate in orientation activities under sub. (10) (d) 2. Beginning on the first day of the month following the completion of the orientation activities under sub. (10) (d) 2., each member of the work-not-welfare group who is subject to the employment and training program described in this subsection is required to participate in the employment and training program for a specified number of hours each month. The number of hours of participation required shall be based on the amount of the monthly benefit determined under sub. (4) that is paid to the work-not-welfare group and on the number of persons in the work-not-welfare group who are subject to the the employment and training program described in this subsection. The department shall promulgate a rule specifying the manner in which the number of required hours is to be calculated. No person may be required to spend more than 40 hours per week participating in the employment and training program described under this subsection. The number of hours of participation required under this paragraph may not exceed the number of hours that a person is assigned under sub. (10) (d) 3. If the person needs child care services, the number of hours of participation required under this paragraph also may not exceed the number of hours for which child care is made available under sub. (10) (d) 3.

Note: Deletes repeated word.

35,125 Section 125 . 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Acts 289 and 361, is amended to read:

49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving such aid together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names and addresses of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 42.261 46.261 or 49.19 (10).

Note: Inserts correct cross-reference.

35,126 Section 126 . 49.32 (9) (b) of the statutes, as affected by 1995 Wisconsin Acts 289 and 361, is amended to read:

49.32 (9) (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person, except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. or Wisconsin works agency Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the department shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under ss. 46.215 and 46.22 administering aid to families with dependent children may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental or research purposes until the person whose record is to be inspected is notified by the county department, but in no case may the department withhold this information for more than 5 working days. The county department or Wisconsin works agency shall keep a record of such requests. The record shall indicate the name, address, employer and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer and telephone number, the request to inspect this information may be denied.

Note: The stricken text was inserted by 1995 Wis. Act 289, but rendered surplusage by the treatment of this provision by 1995 Wis. Act 361.

35,127 Section 127 . 49.37 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2277b, is amended to read:

49.37 (1) (a) A person who lives in either of the 2 areas is eligible to enter the project if he or she is at least 18 years of age and has a family income below 200% of the poverty line, as defined in s. 49.01 (6m) 49.001 (5), for a family the size of the person's family.

Note: 1995 Wis. Act 27 renumbered s. 49.01 (6m) to be s. 49.001 (5) effective 7-1-96.

35,128 Section 128 . 49.45 (6s) of the statutes, as affected by 1995 Wisconsin Act 27, section 7299, is amended to read:

49.45 (6s) Supplemental payments to county homes. Notwithstanding sub. (6m), the department shall, from the appropriation under s. 20.435 (1) (o), distribute not more than $20,000,000 in fiscal year 1995-96 and not more than $20,000,000 in fiscal year 1996-97, to provide supplemental payments for care to recipients of medical assistance provided in county homes established under s. 49.14 49.70 (1), except that the department shall also distribute for this same purpose from the appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds that were not anticipated before enactment of the biennial budget act or other legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u) (b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u) (b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed care.

Note: 1995 Wis. Act 27 renumbered s. 49.14 (1) to be s. 49.70 (1) effective 7-1-96.

35,129 Section 129 . 49.453 (2) (a) 2. of the statutes is amended to read:

49.453 (2) (a) 2. For a level of care in a medical institutional institution equivalent to that of a nursing facility.

Note: Corrects error in transcribing 1993 Wis. Act 437.

35,130 Section 130 . The amendment of 49.46 (1) (a) 5. of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.