AB40: Bill Text

AB40, s. 1324 Section 1324. 48.563 (1) (a) of the statutes is amended to read:

AB40,628,7 48.563 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.

AB40, s. 1325 Section 1325. 48.565 (2) (c) of the statutes is amended to read:

AB40,628,11 48.565 (2) (c) The department shall credit to the appropriation account under s. 20.437 (3) (mp) (kp) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 48.567.

AB40, s. 1326 Section 1326. 48.567 (1) of the statutes is amended to read:

AB40,628,19 48.567 (1) From the appropriation account under s. 20.437 (3) (mp) (kp), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a and to any other purpose provided for by the legislature by law or in budget determinations. In addition, the department may expend moneys from the those appropriation account under s. 20.437 (3) (mp) accounts as provided in subs. (1m) and (2).

AB40, s. 1327 Section 1327. 48.567 (1m) of the statutes is amended to read:

AB40,629,4 48.567 (1m) In addition to expending moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the from that appropriation account under s. 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).

AB40, s. 1328 Section 1328. 48.567 (2) of the statutes is amended to read:

AB40,629,20 48.567 (2) If the department proposes to use any moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for any purpose other than the purposes specified in subs. (1) and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

AB40, s. 1329 Section 1329. 48.569 (1) (am) of the statutes is amended to read:

AB40,629,24 48.569 (1) (am) The department shall reimburse each county from the appropriations under s. 20.437 (1) (b), (km), and (o) for children and family services as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.

AB40, s. 1330 Section 1330. 48.569 (1) (d) of the statutes is amended to read:

AB40,630,13 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB40, s. 1331 Section 1331. 48.57 (3m) (am) 6. of the statutes is amended to read:

AB40,630,17 48.57 (3m) (am) 6. The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39.

AB40, s. 1332 Section 1332. 48.57 (3n) (am) 5r. of the statutes is amended to read:

AB40,630,21 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39.

AB40, s. 1333 Section 1333. 48.67 (intro.) of the statutes is amended to read:

AB40,631,9 48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce safety and professional services, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

AB40, s. 1334 Section 1334. 48.685 (2) (am) 3. of the statutes is amended to read:

AB40,631,13 48.685 (2) (am) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1335 Section 1335. 48.685 (2) (b) 1. c. of the statutes is amended to read:

AB40,631,17 48.685 (2) (b) 1. c. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1336 Section 1336. 48.685 (4m) (a) 5. of the statutes is amended to read:

AB40,631,22 48.685 (4m) (a) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1337 Section 1337. 48.685 (4m) (b) 5. of the statutes is amended to read:

AB40,632,2 48.685 (4m) (b) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1338 Section 1338. 48.685 (5) (br) 5. of the statutes is amended to read:

AB40,632,12 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, or health care benefits under the Badger Care health care program under s. 49.665.

AB40, s. 1339 Section 1339 . 48.685 (5) (br) 5. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,632,23 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, or health care benefits under the Badger Care health care program under s. 49.665.

AB40, s. 1340 Section 1340. 48.78 (2) (g) of the statutes is amended to read:

AB40,633,14 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the department of regulation and licensing safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB40, s. 1341 Section 1341. 48.84 (1) of the statutes is amended to read:

AB40,634,4 48.84 (1) Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s. 48.837, and before a proposed adoptive parent who has not previously adopted a child may bring a child into this state for adoption under s. 48.839, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, the state adoption information exchange under s. 48.55, the state adoption center under s. 48.55, a state-funded foster care and adoption resource center, a state-funded postadoption resource center, a technical college district school, the University of Wisconsin-Madison, or an institution or college campus within the University of Wisconsin System. If the proposed adoptive parent does not reside in this state, he or she may meet this requirement by obtaining equivalent preparation in his or her state of residence.

AB40, s. 1342 Section 1342. 48.981 (3m) (b) (intro.) of the statutes is amended to read:

AB40,634,19 48.981 (3m) (b) (intro.) The department shall establish a pilot program under which an agency in a county having a population of 500,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select an agency in a county having a population of 500,000 or more and not more than 4 agencies and county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:

AB40, s. 1343 Section 1343. 49.131 (3) of the statutes is amended to read:

AB40,635,2 49.131 (3) The Except as provided in s. 49.377 (2), the department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.

AB40, s. 1344 Section 1344. 49.141 (7) (c) 3. of the statutes is amended to read:

AB40,635,7 49.141 (7) (c) 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1345 Section 1345. 49.143 (2) (d) of the statutes is amended to read:

AB40,635,14 49.143 (2) (d) If the Wisconsin works Works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works Works, the food stamp supplemental nutrition assistance program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB40, s. 1346 Section 1346. 49.143 (2r) of the statutes is amended to read:

AB40,635,21 49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial job program under s. 49.147 (3) and, if operating in the geographical area in which the Wisconsin Works agency administers Wisconsin Works, the transitional jobs demonstration project under s. 49.162.

AB40, s. 1347 Section 1347. 49.145 (2) (i) of the statutes is amended to read:

AB40,636,8 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775 49.395. The department may require an individual who receives benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

AB40, s. 1348 Section 1348. 49.147 (3) (c) of the statutes is created to read:

AB40,636,20 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

AB40, s. 1349 Section 1349. 49.147 (4) (as) of the statutes is amended to read:

AB40,637,5 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review, except that the but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection participate in education or training activities for not more than 10 hours per week.

AB40, s. 1350 Section 1350. 49.147 (4) (b) of the statutes is created to read:

AB40,637,21 49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.

AB40, s. 1351 Section 1351. 49.147 (5) (b) (intro.) of the statutes is renumbered 49.147 (5) (b) 1. (intro.) and amended to read:

AB40,638,3 49.147 (5) (b) 1. (intro.) The Wisconsin works Works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job, or a volunteer activity. A Wisconsin works Works agency may require a participant under this subsection to participate in any of the following:

AB40, s. 1352 Section 1352. 49.147 (5) (b) 1m. of the statutes is renumbered 49.147 (5) (b) 1. a. and amended to read:

AB40,638,7 49.147 (5) (b) 1. a. An alcohol and other drug abuse evaluation, assessment, and treatment program.

AB40, s. 1353 Section 1353. 49.147 (5) (b) 2. of the statutes is created to read:

AB40,638,12 49.147 (5) (b) 2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin Works agency with the approval of the department.

AB40, s. 1354 Section 1354. 49.147 (5) (b) 2m. of the statutes is renumbered 49.147 (5) (b) 1. b.

AB40, s. 1355 Section 1355. 49.147 (5) (b) 3. of the statutes is renumbered 49.147 (5) (b) 1. c.

AB40, s. 1356 Section 1356. 49.147 (5) (b) 4. of the statutes is renumbered 49.147 (5) (b) 1. d. and amended to read:

AB40,638,20 49.147 (5) (b) 1. d. Other activities that the Wisconsin works Works agency determines are consistent with the capabilities of the individual.

AB40, s. 1357 Section 1357. 49.147 (5) (bs) of the statutes is amended to read:

AB40,639,3 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin Works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1m. to 4. The 1. for up to 28 hours per week. Except as provided in sub. (5m), a Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection participate in education or training activities under par. (bm) for not more than 12 hours per week.

AB40, s. 1358 Section 1358. 49.148 (1) (b) 1. of the statutes is amended to read:

AB40,639,16 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5.15 for each hour that the participant misses work or education or training activities without good cause.

AB40, s. 1359 Section 1359. 49.148 (1) (b) 1m. d. of the statutes is amended to read:

AB40,639,19 49.148 (1) (b) 1m. d. For a participant placed in a community service job for more than 20 hours per week, $673 $653.

AB40, s. 1360 Section 1360. 49.148 (1) (b) 3. of the statutes is amended to read:

AB40,640,2 49.148 (1) (b) 3. For a participant in a community service job who participates in technical college education under s. 49.147 (5m), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40, s. 1361 Section 1361. 49.148 (1) (c) of the statutes is amended to read:

AB40,640,12 49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628 $608, paid monthly by the Wisconsin Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40, s. 1362 Section 1362. 49.148 (1m) (c) (intro.) of the statutes is amended to read:

AB40,640,15 49.148 (1m) (c) (intro.) For purposes of the time limit limits under s. ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:

AB40, s. 1363 Section 1363. 49.148 (4) (b) of the statutes is amended to read:

AB40,640,20 49.148 (4) (b) The Wisconsin Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (a) and (am) (as) or (5) (b) and (bm) (bs).

AB40, s. 1364 Section 1364. 49.151 (1) (b) of the statutes is amended to read:

AB40,641,3 49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., without good cause, as determined by the Wisconsin Works agency.

AB40, s. 1365 Section 1365. 49.1515 (title) of the statutes is amended to read:

AB40,641,5 49.1515 (title) Determining nonparticipation without good cause.

AB40, s. 1366 Section 1366. 49.1515 (2) of the statutes is repealed.

AB40, s. 1367 Section 1367. 49.1515 (3) of the statutes is repealed.

AB40, s. 1368 Section 1368. 49.153 (1) (am) of the statutes is repealed.

AB40, s. 1369 Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and amended to read:

AB40,641,13 49.153 (1) (a) After providing the explanation under par. (am), provide Provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB40, s. 1370 Section 1370. 49.153 (1) (c) of the statutes is amended to read: