AB591,23,3 2146.45 Carry-over of community aids funds. (intro.) Funds allocated by
22the department under ss. 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423
23(2) but not spent or encumbered by counties, governing bodies of federally recognized
24American Indian tribes or private nonprofit organizations by December 31 of each
25year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the

1appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding
2January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or
3as follows:
AB591, s. 34 4Section 34. 46.45 (1) of the statutes is repealed.
AB591, s. 35 5Section 35. 46.45 (6) of the statutes is amended to read:
AB591,23,96 46.45 (6) The department may carry forward 10% of any funds not carried
7forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs
8above planned levels and to provide compensation for increased costs due to
9population shifts.
AB591, s. 36 10Section 36. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act
1127
, section 3132, is repealed and recreated to read:
AB591,23,1612 46.495 (1) (am) The department shall reimburse each county from the
13appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the
14department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a.
15except that no reimbursement may be made for the administration of or aid granted
16under s. 49.02.
AB591, s. 37 17Section 37. 46.62 (2) of the statutes is amended to read:
AB591,24,518 46.62 (2) From the appropriation under s. 20.435 (4) (dg) (dz), the department
19shall allocate funds to county departments for the provision of case management
20services to individuals who are required to attend school under s. 49.50 (7) (g) and
21their families to improve the school attendance and achievement of those
22individuals. At least 75% of the funds that the department allocates under this
23subsection to provide case management services to individuals who are 13 to 19 years
24of age shall be allocated to a county department of a county with a population of
25500,000 or more. A county department is eligible to receive funds under this section

1to provide case management services to individuals who are 13 to 19 years of age in
2a year if 35 or more individuals, 13 to 19 years of age, residing in the county were
3sanctioned under s. 49.50 (7) (h) or were subject to the monthly attendance
4requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the
5previous year.
AB591, s. 38 6Section 38. 46.979 (1) of the statutes is amended to read:
AB591,24,97 46.979 (1) In this section, "child care provider" has the meaning given in s.
846.98 (1) (am)
means a provider licensed under s. 48.65, certified under s. 48.651 or
9established or contracted for under s. 120.13 (14)
.
AB591, s. 39 10Section 39. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
11is amended to read:
AB591,24,1412 46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s.
1346.40 (2m) (c),
distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal
14year 1996-97
for child day care services under s. 46.98 (2m) and (3).
AB591, s. 40 15Section 40. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts
1627 and .... (this act), is repealed.
AB591, s. 41 17Section 41. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin
18Act 27
, is amended to read:
AB591,24,2119 46.979 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute
20as follows the federal child care and development block grant funds that are received
21under 42 USC 9858 and that are not distributed under par. (a) or (b):
AB591, s. 42 22Section 42. 46.98 (1) (ar) of the statutes is created to read:
AB591,24,2423 46.98 (1) (ar) "Department" means the department of industry, labor and job
24development.
AB591, s. 43 25Section 43. 46.98 (1) (b) of the statutes is amended to read:
AB591,25,3
146.98 (1) (b) "Gainfully employed" means working, or seeking employment or
2participating in a training or educational program designed to lead directly to paid
3employment
.
AB591, s. 44 4Section 44. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
5is amended to read:
AB591,25,166 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40
7(1) and (2m) (c) for at-risk, low-income and respite child care services under subs.
8(2m) and
sub. (4g) to private nonprofit child care providers that provide child care
9for the children of migrant workers and to
county departments under s. 46.215, 46.22
10or 46.23. In addition, the department shall distribute the funds allocated under s.
1146.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and respite at-risk child
12care services under sub. subs. (2m) and (3) to county departments under s. 46.215,
1346.22 or 46.23. The department shall also distribute the funds allocated under s.
1449.181 (1) (b) for at-risk and low-income child care services under subs. (2m) and (3)
15to
private nonprofit child care providers who provide child care for the children of
16migrant workers.
AB591, s. 45 17Section 45. 46.98 (4) (a) 2. of the statutes is amended to read:
AB591,25,2118 46.98 (4) (a) 2. A parent who is gainfully employed, who is in need of child care
19services and whose family income is equal to or less than 75% 165% of the state
20median income. The department shall annually determine the state median income

21poverty line, as defined in s. 46.30 (1) (c).
AB591, s. 46 22Section 46. 46.98 (4) (b) of the statutes is amended to read:
AB591,26,223 46.98 (4) (b) Parents receiving aid under sub. (3) whose family income is equal
24to or greater than 50% of the state median income
are liable for a portion of the cost

1of child care received, payable in accordance with a schedule developed by the
2department based on ability to pay.
AB591, s. 47 3Section 47. 46.98 (6) of the statutes is created to read:
AB591,26,54 46.98 (6) Sunset. This section does not apply beginning on the first day of the
56th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591, s. 48 6Section 48. 46.986 (1) (b) of the statutes is amended to read:
AB591,26,97 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am)
8means a provider licensed under s. 48.65, certified under s. 48.651 or established or
9contracted for under s. 120.13 (14)
.
AB591, s. 49 10Section 49. 46.986 (1) (m) of the statutes is amended to read:
AB591,26,1311 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent,
12guardian, foster parent, treatment foster parent, legal custodian or a person acting
13in the place of a parent
.
AB591, s. 50 14Section 50. 46.987 (1) (a) of the statutes is amended to read:
AB591,26,1715 46.987 (1) (a) "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, s. 51 18Section 51. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
19is amended to read:
AB591,27,220 46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
21award grants to child care providers that meet the quality of care standards
22established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and
23experienced child care staff. In awarding grants under this subsection, the
24department shall consider the applying child care provider's total enrollment of

1children and average enrollment of children who receive or are eligible for publicly
2funded care from the child care provider.
AB591, s. 52 3Section 52. 46.995 (2) (c) of the statutes is amended to read:
AB591,27,64 46.995 (2) (c) Highest rate, by county population, of participation in the aid to
5families with dependent children program under s. 49.19 or the Wisconsin works
6program under s. 49.147 (3) to (5)
.
AB591, s. 53 7Section 53. 48.40 (1m) of the statutes is created to read:
AB591,27,98 48.40 (1m) "Kinship care relative" means a person receiving payments under
9s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591, s. 54 10Section 54. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591,27,1211 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed
12a petition to adopt the child or if the relative is a kinship care relative.
AB591, s. 55 13Section 55. 48.428 (2) of the statutes is amended to read:
AB591,27,2114 48.428 (2) When a court places a child in sustaining care after an order under
15s. 48.427, the court shall transfer legal custody of the child to the county department
16or a licensed child welfare agency, transfer guardianship of the child to an agency
17listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
18parent or, licensed treatment foster parent or kinship care relative with whom the
19child has resided for 6 months or longer. Pursuant to such a placement, this licensed
20foster parent or, licensed treatment foster parent or kinship care relative shall be a
21sustaining parent with the powers and duties specified in sub. (3).
AB591, s. 56 22Section 56. 48.428 (4) of the statutes is amended to read:
AB591,28,723 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent
24or kinship care relative may be appointed as a sustaining parent, the foster parent
25or, treatment foster parent or kinship care relative shall execute a contract with the

1agency responsible for providing services to the child, in which the foster parent or,
2treatment foster parent or kinship care relative agrees to provide care for the child
3until the child's 18th birthday unless the placement order is changed by the court
4because the court finds that the sustaining parents are no longer able or willing to
5provide the sustaining care or the court finds that the behavior of the sustaining
6parents toward the child would constitute grounds for the termination of parental
7rights if the sustaining parent was the birth parent of the child.
AB591, s. 57 8Section 57. 48.57 (3m) of the statutes is created to read:
AB591,28,129 48.57 (3m) (a) From the reimbursement received under s. 46.495 (1) (d), a
10county department shall make payments, as determined by the department under
11par. (e), to a relative of a child, other than the child's parent or stepparent, who is
12providing care and maintenance for the child if all of the following conditions are met:
AB591,28,1613 1. The relative applies to the county department for payments under this
14subsection and the county department determines that there is a need for the child
15to be placed with the relative and that the placement with the relative benefits the
16child.
AB591,28,1917 2. The county department determines that the child meets one or more of the
18criteria specified in s. 48.13 (1) to (14) or that the child would be at risk of meeting
19one or more of those criteria if the child were to remain in his or her home.
AB591,28,2120 3. The county department determines, through an assessment, that the child
21will be safe in the relative's home.
AB591,28,2522 4. The county department conducts a background investigation of the relative
23and any other adult residing in the relative's home to determine if the relative or
24other adult has any arrests or convictions that could adversely affect the child or the
25relative's ability to care for the child.
AB591,29,3
15. The relative cooperates with the county department in the application
2process, including applying for other forms of assistance for which the relative may
3be eligible.
AB591,29,64 (b) The county department shall refer to the attorney responsible for support
5enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
6a payment is made under par. (a).
AB591,29,127 (c) The county department shall require the parent or parents of a child for
8whom a payment is made under par. (a) to initiate or continue health care insurance
9coverage for the child or, if the parent or parents are unable to initiate or continue
10that coverage, the county department shall require the relative to whom a payment
11is made under par. (a) to initiate or continue health care insurance coverage for the
12child.
AB591,29,1413 (cm) A relative who receives a payment under par. (a) is not eligible to receive
14a payment under s. 48.62 (4).
AB591,29,1915 (d) A county department shall review a placement of a child for which the
16county department makes payments under par. (a) not less than every 12 months
17after the county department begins making those payments to determine whether
18the conditions specified in par. (a) continue to exist. If those conditions do not
19continue to exist, the county department shall discontinue making those payments.
AB591,29,2020 (e) The department shall determine all of the following:
AB591,29,2321 1. The amount and effective date of any payment under par. (a). In determining
22the amount of a payment under par. (a), the department shall consider any income
23of the child, other than earned income, as defined in 26 USC 32 (c) (2).
AB591,29,2524 2. Whether the child is eligible for medical assistance under ss. 49.43 to 49.47,
25if no other health care insurance coverage is available to the child.
AB591, s. 58
1Section 58. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443,
2is amended to read:
AB591,30,223 48.981 (2) Persons required to report. A physician, coroner, medical
4examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
5mental health professional, social worker, marriage and family therapist,
6professional counselor, public assistance worker, including a financial and
7employment planner, as defined in s. 49.141 (1) (d),
school teacher, administrator or
8counselor, mediator under s. 767.11, child care worker in a day care center or child
9caring institution, day care provider, alcohol or other drug abuse counselor, member
10of the treatment staff employed by or working under contract with a county
11department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
12therapist, dietitian, speech-language pathologist, audiologist, emergency medical
13technician or police or law enforcement officer having reasonable cause to suspect
14that a child seen in the course of professional duties has been abused or neglected
15or having reason to believe that a child seen in the course of professional duties has
16been threatened with abuse or neglect and that abuse or neglect of the child will occur
17shall, except as provided under sub. (2m), report as provided in sub. (3). Any other
18person, including an attorney, having reason to suspect that a child has been abused
19or neglected or reason to believe that a child has been threatened with abuse or
20neglect and that abuse or neglect of the child will occur may make such a report. No
21person making a report under this subsection may be discharged from employment
22for so doing.
AB591, s. 59 23Section 59. 49.001 (9) of the statutes is created to read:
AB591,31,224 49.001 (9) "Wisconsin works agency" means a person under contract under s.
2549.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is

1awarded under s. 49.143, "Wisconsin works agency" means the department of
2industry, labor and job development.
AB591, s. 60 3Section 60. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
4is amended to read:
AB591,31,115 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an
6individual is not eligible for relief for a month in which the individual has received
7aid to families with dependent children under s. 49.19 or supplemental security
8income under 42 USC 1381 to 1383c or has participated in a Wisconsin works
9employment position under s. 49.147 (3) to (5) or
in which aid to families with
10dependent children or, supplemental security income benefits are or a Wisconsin
11works employment position is
immediately available to the individual.
AB591, s. 61 12Section 61. 49.046 (4) (f) of the statutes is amended to read:
AB591,31,1613 49.046 (4) (f) The department, after consulting with all elected tribal governing
14bodies in this state, shall promulgate rules establishing the allowable costs of
15administering this section and shall reimburse each administering agency for its
16allowable costs from the appropriation under s. 20.435 (4) (de) (dz).
AB591, s. 62 17Section 62. 49.049 (3) of the statutes is amended to read:
AB591,31,2318 49.049 (3) The department may provide not more than $30,600 in each fiscal
19year for economic development projects that satisfy the criteria established under
20sub. (2) to tribal governing bodies from funds appropriated under s. 20.435 (4) (de)
21(dz) for the administration of the work experience program under s. 49.047. Funds
22not provided for economic development projects shall be expended for the work
23experience program.
AB591, s. 63 24Section 63. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27,
25is renumbered 49.124 (1m) (a) and amended to read:
AB591,32,16
149.124 (1m) (a) The department shall administer an employment and training
2program for recipients under the food stamp program. The department may contract
3with a Wisconsin works agency to administer the employment and training program
4under this section. Except as provided in par. (b), and to the extent permitted by
5federal law or waiver, the department may require able-bodied individuals who are
618 to 64 years of age who are eligible for a Wisconsin works employment position
7under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position,
8in lieu of the program under this section, as a condition of receiving food stamp
9benefits. Except as provided in par. (b), the department may require able-bodied
10individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works
11employment position to participate in the employment and training program under
12this section. To the extent permitted by federal law or waiver, the department may
13distribute food stamp benefits on a pay-for-performance basis, as determined under
14par. (c). The maximum number of hours an individual may be required to work may
15not exceed the amount of food stamp benefits divided by the applicable federal
16minimum wage, or 40 hours per week, whichever is less.
AB591, s. 64 17Section 64. 49.124 (1m) (b) of the statutes is created to read:
AB591,32,2118 49.124 (1m) (b) The department may not require an individual who is a
19recipient under the food stamp program and who is the caretaker of a child who is
20under the age of 12 weeks to participate in any employment and training program
21under par. (a).
AB591, s. 65 22Section 65. 49.124 (1m) (c) of the statutes is created to read:
AB591,32,2423 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a
24subsequent month shall be determined as follows:
AB591,33,4
11. The department shall add the recipient's total number of hours of actual
2participation in the month to the total number of hours in a month for which the
3recipient had good cause, as defined by the department by rule, for not participating
4in required activities.
AB591,33,7 52. The department shall subtract the total number of hours determined under
6subd. 1. from the recipient's total number of hours of required participation in that
7month.
AB591,33,9 83. The department shall multiply the number of hours determined under subd.
92. by the federal minimum hourly wage under 29 USC 206 (a) (1).
AB591,33,1210 4. The department shall subtract the dollar amount determined under subd.
113. from the amount of food stamp benefits that the recipient's family would have
12received if he or she had participated for the total number of assigned hours.
AB591, s. 66 13Section 66. 49.124 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
14sections 2792 and 3141, is repealed and recreated to read:
AB591,33,1915 49.124 (3) Deductions from income maintenance payments. The department
16shall withhold the value of food stamp losses for which a county or federally
17recognized American Indian tribe is liable under sub. (2) from the payment to the
18county or tribe under s. 20.445 (3) (dz) and (nL) and reimburse the federal
19government from the funds withheld.
AB591, s. 67 20Section 67. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
21is amended to read:
AB591,34,222 49.125 (1) The department, or a county or , an elected governing body of a
23federally recognized American Indian tribe or band or a Wisconsin works agency
24acting on behalf of the department, may recover overpayments that arise from an
25overissuance of food coupons under the food stamp program administered under s.

146.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC
22022
.
AB591, s. 68 3Section 68. 49.141 of the statutes is created to read:
AB591,34,5 449.141 Wisconsin works; general provisions. (1) Definitions. As used in
5ss. 49.141 to 49.161:
AB591,34,76 (a) "Community service job" means a work component of Wisconsin works
7administered under s. 49.147 (4).
AB591,34,118 (b) "Custodial parent" means, with respect to a dependent child, a parent who
9resides with that child and, if there has been a determination of legal custody with
10respect to the dependent child, has legal custody of that child. For the purposes of
11this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).
AB591,34,1512 (c) "Dependent child" means a person who resides with a parent and who is
13under the age of 18 or, if the person is a full-time student at a secondary school or
14a vocational or technical equivalent and is reasonably expected to complete the
15program before attaining the age of 19, is under the age of 19.
AB591,34,1816 (d) "Financial and employment planner" means a caseworker employed by a
17Wisconsin works agency who provides financial or employment counseling services
18to a participant.
Loading...
Loading...