AB591-ASA2,13,14 546.032 Income maintenance administration. County departments under
6ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
7detailing the reasonable cost of administering the income maintenance programs
8under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7
9USC 2011
to 2029 when so appointed by the department. Contracts created under
10this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in
11accordance with the reimbursement method established under s. 49.52 (1) (ad). The
12department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL)
13if federal reimbursement is withheld due to audits, quality control samples or
14program reviews.
AB591-ASA2, s. 30 15Section 30. 46.215 (1) (k) of the statutes is amended to read:
AB591-ASA2,13,2016 46.215 (1) (k) To certify eligibility for and issue food coupons to needy
17households in conformity with the federal food stamp act of 1964 as amended, if the
18county accepts a contract to do so
, and, in addition, the county department of social
19services may certify eligibility for and distribute surplus commodities and food
20stuffs.
AB591-ASA2, s. 31 21Section 31. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act
2227
, is amended to read:
AB591-ASA2,13,2523 46.22 (1) (b) 2. a. To administer aid to families with dependent children under
24s. 49.19. This subdivision paragraph does not apply beginning on the first day of the
256th month beginning after the date stated in the notice under s. 49.141 (2) (d).
AB591-ASA2, s. 32
1Section 32. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act
227
, is amended to read:
AB591-ASA2,14,53 46.22 (1) (b) 2. d. To certify eligibility for and issue food coupons to needy
4households in conformity with 7 USC 2011 to 2029, if the county accepts a contract
5to do so
.
AB591-ASA2, s. 33 6Section 33. 46.25 (6) of the statutes is amended to read:
AB591-ASA2,14,147 46.25 (6) The department shall establish, pursuant to federal and state laws,
8rules and regulations, a uniform system of fees for services provided under this
9section to individuals not receiving aid under s. 49.19 or 49.47 or benefits under s.
1049.148, 49.153 or 49.155 and to individuals receiving kinship care payments under
11s. 48.57 (3m)
. The system of fees may take into account an individual's ability to pay.
12Any fee paid and collected under this subsection may be retained by the county
13providing the service except for the fee specified in 42 USC 653 (e) (2) for federal
14parent locator services.
AB591-ASA2, s. 34 15Section 34. 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 27,
16is amended to read:
AB591-ASA2,15,217 46.25 (7m) The department may contract with or employ a collection agency
18or other person to enforce a support obligation of a parent who is delinquent in
19making support payments and may contract with or employ an attorney to appear
20in an action in state or federal court to enforce such an obligation. To pay for the
21department's administrative costs of implementing this subsection, the department
22may charge a fee to counties, retain up to 50% of any incentive payment made to this
23state under 42 USC 658 for a collection under this subsection, and retain 30% of this
24state's share of a collection made under this subsection on behalf of a recipient of aid

1to families with dependent children or a recipient of kinship care payments under
2s. 48.57 (3m)
.
AB591-ASA2, s. 35 3Section 35. 46.253 (2) of the statutes is amended to read:
AB591-ASA2,15,104 46.253 (2) The department may contract with any county to administer a work
5experience and job training program for parents who are not custodial parents and
6who fail to pay child support or to meet their children's needs for support as a result
7of unemployment or underemployment. The program may provide the kinds of work
8experience and job training services available from the program under s. 49.193. The
9department shall fund the program from the appropriation under s. 20.435 (4) (df)
10(dz).
AB591-ASA2, s. 36 11Section 36. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
12section 2158b, is amended to read:
AB591-ASA2,16,313 46.258 (1) From the appropriation under s. 20.435 (3) (cb), the department
14shall award grants to counties for programs to revise child support orders. Each
15county receiving a grant shall review child support orders awarded to persons who
16receive benefits under s. 48.57 (3m) or 49.148 or
whose children receive benefits
17under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or
1849.148 and
whose children do not receive benefits under s. 49.19 and shall initiate
19actions to revise the orders based on that review. Each county receiving a grant shall
20review child support orders awarded to persons who receive benefits under s. 48.57
21(3m) or 49.148 or
whose children receive benefits under s. 49.19 and child support
22orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148
23and
whose children do not receive benefits under s. 49.19 in proportion to the number
24of those 2 categories of orders in the county's child support case load. Before a county
25may initiate an action to revise a child support order under this subsection for a

1person who does not receive benefits under s. 48.57 (3m) or 49.148 and whose
2children do not receive benefits under s. 49.19, the custodial parent of the children
3must voluntarily consent to the revision.
AB591-ASA2, s. 37 4Section 37. 46.258 (2) (a) 1. of the statutes is amended to read:
AB591-ASA2,16,95 46.258 (2) (a) 1. Provides an incentive for a county to increase its child support
6collections for persons who receive benefits under s. 48.57 (3m) or 49.148 or whose
7children receive benefits under s. 49.19 as well as for persons who do not receive
8benefits under s. 48.57 (3m) or 49.148 and
whose children do not receive benefits
9under s. 49.19.
AB591-ASA2, s. 38 10Section 38. 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
11is amended to read:
AB591-ASA2,16,1812 46.40 (1) (a) Within the limits of available federal funds and of the
13appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
14for community social, mental health, developmental disabilities and alcohol and
15other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and
16(4g),
46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42
17and 51.437, and to county aging units and to private nonprofit organizations as
18authorized under s. 46.98 (2) (a)
, as provided in subs. (2) to (8).
AB591-ASA2, s. 39 19Section 39. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27,
20is repealed.
AB591-ASA2, s. 40 21Section 40. 46.45 (intro.) of the statutes is amended to read:
AB591-ASA2,17,4 2246.45 Carry-over of community aids funds. (intro.) Funds allocated by
23the department under ss. 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423
24(2) but not spent or encumbered by counties, governing bodies of federally recognized
25American Indian tribes or private nonprofit organizations by December 31 of each

1year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the
2appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding
3January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or
4as follows:
AB591-ASA2, s. 41 5Section 41. 46.45 (1) of the statutes is repealed.
AB591-ASA2, s. 42 6Section 42. 46.45 (6) of the statutes is amended to read:
AB591-ASA2,17,107 46.45 (6) The department may carry forward 10% of any funds not carried
8forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs
9above planned levels and to provide compensation for increased costs due to
10population shifts.
AB591-ASA2, s. 43 11Section 43. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act
1227
, section 3132, is repealed and recreated to read:
AB591-ASA2,17,1713 46.495 (1) (am) The department shall reimburse each county from the
14appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the
15department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a.
16except that no reimbursement may be made for the administration of or aid granted
17under s. 49.02.
AB591-ASA2, s. 44 18Section 44. 46.62 (2) of the statutes is amended to read:
AB591-ASA2,18,619 46.62 (2) From the appropriation under s. 20.435 (4) (dg) (dz), the department
20shall allocate funds to county departments for the provision of case management
21services to individuals who are required to attend school under s. 49.50 (7) (g) and
22their families to improve the school attendance and achievement of those
23individuals. At least 75% of the funds that the department allocates under this
24subsection to provide case management services to individuals who are 13 to 19 years
25of age shall be allocated to a county department of a county with a population of

1500,000 or more. A county department is eligible to receive funds under this section
2to provide case management services to individuals who are 13 to 19 years of age in
3a year if 35 or more individuals, 13 to 19 years of age, residing in the county were
4sanctioned under s. 49.50 (7) (h) or were subject to the monthly attendance
5requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the
6previous year.
AB591-ASA2, s. 45 7Section 45. 46.979 (1) of the statutes is amended to read:
AB591-ASA2,18,108 46.979 (1) In this section, "child care provider" has the meaning given in s.
946.98 (1) (am)
means a provider licensed under s. 48.65, certified under s. 48.651 or
10established or contracted for under s. 120.13 (14)
.
AB591-ASA2, s. 46 11Section 46. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
12is amended to read:
AB591-ASA2,18,1513 46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s.
1446.40 (2m) (c),
distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal
15year 1996-97
for child day care services under s. 46.98 (2m) and (3).
AB591-ASA2, s. 47 16Section 47. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts
1727 and .... (this act), is repealed.
AB591-ASA2, s. 48 18Section 48. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin
19Act 27
, is amended to read:
AB591-ASA2,18,2220 46.979 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute
21as follows the federal child care and development block grant funds that are received
22under 42 USC 9858 and that are not distributed under par. (a) or (b):
AB591-ASA2, s. 49 23Section 49. 46.98 (1) (ar) of the statutes is created to read:
AB591-ASA2,18,2524 46.98 (1) (ar) "Department" means the department of industry, labor and job
25development.
AB591-ASA2, s. 50
1Section 50. 46.98 (1) (b) of the statutes is amended to read:
AB591-ASA2,19,42 46.98 (1) (b) "Gainfully employed" means working , or seeking employment or
3participating in a training or educational program designed to lead directly to paid
4employment
.
AB591-ASA2, s. 51 5Section 51. 46.98 (1) (bd) and (bf) of the statutes are created to read:
AB591-ASA2,19,76 46.98 (1) (bd) "Level I day care provider" means a day care provider certified
7under s. 48.651 (1) (a).
AB591-ASA2,19,98 (bf) "Level II day care provider" means a day care provider certified under s.
948.651 (1) (b).
AB591-ASA2, s. 52 10Section 52. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
11is amended to read:
AB591-ASA2,19,2012 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40
13(1) and (2m) (c) for at-risk, low-income and respite child care services under subs.
14(2m) and
sub. (4g) to private nonprofit child care providers that provide child care
15for the children of migrant workers and to
county departments under s. 46.215, 46.22
16or 46.23. In addition, the department shall distribute the funds allocated under s.
1746.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and respite at-risk child
18care services under sub. subs. (2m) and (3) to private nonprofit child care providers
19who provide child care for the children of migrant workers
county departments
20under s. 46.215, 46.22 or 46.23
.
AB591-ASA2, s. 53 21Section 53. 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act
2227
, is amended to read:
AB591-ASA2,20,523 46.98 (2m) (a) Except as provided in sub. (2) (c), funds distributed under sub.
24(2) for at-risk child care may only be used for the purposes specified in this
25paragraph. The funds shall be used to provide care for all or part of a day for children

1under age 13 of persons who need child care to be able to work, who are not receiving
2aid to families with dependent children and who are at risk of becoming eligible for
3aid to families with dependent children if child care under this subsection is not
4provided. No funds distributed under sub. (2) may be used to provide care for a child
5by a person who resides with the child.
AB591-ASA2, s. 54 6Section 54. 46.98 (3) (c) of the statutes is amended to read:
AB591-ASA2,20,197 46.98 (3) (c) From the funds distributed under sub. (2) for low-income child
8care, a county may provide day care services itself or it may purchase day care
9services from a child care provider. In addition, from the funds distributed under
10sub. (2) for low-income child care, each county shall, subject to the availability of
11funds, provide day care by offering to each eligible parent a voucher for the payment
12of day care services provided by a child care provider. Each county shall allocate all
13or a portion of its day care funding for payment of vouchers. An eligible parent may
14choose whether the care will be provided by a Level I day care provider or a Level II
15day care provider or
in a day care center, in the home of another person or, subject
16to the county's approval, in the parent's home. A parent who uses vouchers for the
17payment of day care services may supplement the maximum rate for day care
18services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for day care services
19is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.
AB591-ASA2, s. 55 20Section 55. 46.98 (4) (a) 2. of the statutes is amended to read:
AB591-ASA2,20,2421 46.98 (4) (a) 2. A parent who is gainfully employed, who is in need of child care
22services and whose family income is equal to or less than 75% 165% of the state
23median income. The department shall annually determine the state median income

24poverty line, as defined in s. 46.30 (1) (c).
AB591-ASA2, s. 56 25Section 56. 46.98 (4) (b) of the statutes is amended to read:
AB591-ASA2,21,4
146.98 (4) (b) Parents receiving aid under sub. (3) whose family income is equal
2to or greater than 50% of the state median income
are liable for a percentage of the
3cost of child care received, payable in accordance with a schedule developed by the
4department based on ability to pay and the cost of the child care.
AB591-ASA2, s. 57 5Section 57. 46.98 (4) (d) of the statutes is amended to read:
AB591-ASA2,21,156 46.98 (4) (d) Each county shall annually set a maximum rate that it will pay
7for licensed day care services provided to eligible parents, other than licensed day
8care services for which a rate, if any, is established under par. (e). A county shall set
9its maximum rate under this paragraph so that at least 75% of the number of places
10for children within the licensed or certified capacity of all child care providers in that
11county can be purchased at or below that maximum rate. The department shall
12annually review each county's rate and shall approve it if the department finds that
13the rate is set at a reasonable and customary level which does not preclude an eligible
14parent from having a reasonable selection of child care providers. The department
15shall promulgate by rule a procedure and criteria for approving county rates.
AB591-ASA2, s. 58 16Section 58. 46.98 (4) (dg) and (dm) of the statutes are created to read:
AB591-ASA2,21,1917 46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level
18I day care providers for services provided to eligible parents. The maximum rate set
19under this paragraph may not exceed 75% of the rate established under par. (d).
AB591-ASA2,21,2220 (dm) Each county shall set a maximum rate that it will pay for Level II day care
21providers for services provided to eligible parents. The maximum rate set under this
22paragraph may not exceed 50% of the rate established under par. (d).
AB591-ASA2, s. 59 23Section 59. 46.98 (4g) (b) of the statutes is amended to read:
AB591-ASA2,22,1024 46.98 (4g) (b) From the funds distributed under sub. (2) for respite child care,
25a county may provide child care services itself or it may purchase child care services

1from a child care provider. In addition, from the funds distributed under sub. (2) for
2respite child care, each county shall, subject to the availability of funds, provide child
3care by offering to each eligible parent a voucher for the payment of child care
4services provided by a child care provider. Each county shall allocate all or a portion
5of its child care funding for payment of vouchers. A parent who uses vouchers for the
6payment of child care services may supplement the maximum rate for child care
7services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for child care services
8is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The
9county may choose the child care provider for a child whose child care is funded under
10par. (a).
AB591-ASA2, s. 60 11Section 60. 46.98 (6) of the statutes is created to read:
AB591-ASA2,22,1312 46.98 (6) Sunset. This section does not apply beginning on the first day of the
136th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591-ASA2, s. 61 14Section 61. 46.986 (1) (b) of the statutes is amended to read:
AB591-ASA2,22,1715 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am)
16means a provider licensed under s. 48.65, certified under s. 48.651 or established or
17contracted for under s. 120.13 (14)
.
AB591-ASA2, s. 62 18Section 62. 46.986 (1) (m) of the statutes is amended to read:
AB591-ASA2,22,2119 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent,
20guardian, foster parent, treatment foster parent, legal custodian or a person acting
21in the place of a parent
.
AB591-ASA2, s. 63 22Section 63. 46.987 (1) (a) of the statutes is amended to read:
AB591-ASA2,22,2523 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am)
24means a provider licensed under s. 48.65, certified under s. 48.651 or established or
25contracted for under s. 120.13 (14)
.
AB591-ASA2, s. 64
1Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
AB591-ASA2,23,93 46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
4award grants to child care providers that meet the quality of care standards
5established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and
6experienced child care staff. In awarding grants under this subsection, the
7department shall consider the applying child care provider's total enrollment of
8children and average enrollment of children who receive or are eligible for publicly
9funded care from the child care provider.
AB591-ASA2, s. 65 10Section 65. 46.995 (2) (c) of the statutes is amended to read:
AB591-ASA2,23,1311 46.995 (2) (c) Highest rate, by county population, of participation in the aid to
12families with dependent children program under s. 49.19 or the Wisconsin works
13program under s. 49.147 (3) to (5)
.
AB591-ASA2, s. 66 14Section 66. 48.40 (1m) of the statutes is created to read:
AB591-ASA2,23,1615 48.40 (1m) "Kinship care relative" means a person receiving payments under
16s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591-ASA2, s. 67 17Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591-ASA2,23,1918 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed
19a petition to adopt the child or if the relative is a kinship care relative.
AB591-ASA2, s. 68 20Section 68. 48.428 (2) of the statutes is amended to read:
AB591-ASA2,24,321 48.428 (2) When a court places a child in sustaining care after an order under
22s. 48.427, the court shall transfer legal custody of the child to the county department
23or a licensed child welfare agency, transfer guardianship of the child to an agency
24listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
25parent or, licensed treatment foster parent or kinship care relative with whom the

1child has resided for 6 months or longer. Pursuant to such a placement, this licensed
2foster parent or, licensed treatment foster parent or kinship care relative shall be a
3sustaining parent with the powers and duties specified in sub. (3).
AB591-ASA2, s. 69 4Section 69. 48.428 (4) of the statutes is amended to read:
AB591-ASA2,24,145 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent
6or kinship care relative may be appointed as a sustaining parent, the foster parent
7or, treatment foster parent or kinship care relative shall execute a contract with the
8agency responsible for providing services to the child, in which the foster parent or,
9treatment foster parent or kinship care relative agrees to provide care for the child
10until the child's 18th birthday unless the placement order is changed by the court
11because the court finds that the sustaining parents are no longer able or willing to
12provide the sustaining care or the court finds that the behavior of the sustaining
13parents toward the child would constitute grounds for the termination of parental
14rights if the sustaining parent was the birth parent of the child.
AB591-ASA2, s. 70 15Section 70. 48.57 (3m) of the statutes is created to read:
AB591-ASA2,24,2116 48.57 (3m) (a) Within the limits of the funding received from the appropriation
17under s. 20.445 (3) (dz), a county department shall make payments, as determined
18by the department under par. (e), to a nonlegally responsible relative, by
19consanguinity or by direct affinity, of a dependent child, as defined in s. 49.19 (1) (a),
20who is providing care and maintenance for the child if all of the following conditions
21are met:
AB591-ASA2,24,2522 1. The relative applies to the county department for payments under this
23subsection and the county department determines that there is a need for the child
24to be placed with the relative and that the placement with the relative benefits the
25child.
AB591-ASA2,25,4
12. The county department determines that the child meets one or more of the
2criteria specified in s. 48.13 (1) to (13) or 938.13 (4) to (14) or that the child would be
3at risk of meeting one or more of those criteria if the child were to remain in his or
4her home.
AB591-ASA2,25,65 3. The county department determines, through an assessment, that the child
6will be safe in the relative's home.
AB591-ASA2,25,107 4. The county department conducts a background investigation under sub. (3p)
8of the relative and any other adult resident of the relative's home to determine if the
9relative or adult resident has any arrests or convictions that could adversely affect
10the child or the relative's ability to care for the child.
AB591-ASA2,25,1311 5. The relative cooperates with the county department in the application
12process, including applying for other forms of assistance for which the relative may
13be eligible.
AB591-ASA2,25,1614 (b) 1. The county department shall refer to the attorney responsible for support
15enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
16a payment is made under par. (a).
AB591-ASA2,26,217 2. When any relative of a child applies for or receives payments under this
18subsection, any right of the child or the child's parent to support or maintenance from
19any other person, including any right to unpaid amounts accrued at the time of
20application and any right to amounts accruing during the time that payments are
21made under this subsection, is assigned to the state. If a child who is the beneficiary
22of a payment under this subsection is also the beneficiary of support under a
23judgment or order that includes support for one or more children who are not the
24beneficiaries of payments under this subsection, any support payment made under
25the judgment or order is assigned to the state in the amount that is the proportionate

1share of the child who is the beneficiary of the payment made under this subsection,
2except as otherwise ordered by the court on the motion of a party.
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