The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to the collection and deportation counsel such other powers and duties as it considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, and subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.
The department may do any of the following:
Appear for the state in any and all collection and deportation matters arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable therefor.
Determine whether any person is subject to deportation, and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state's interests and promote mutual amicable relations with other states.
From time to time investigate the financial condition and needs of persons liable under sub. (2)
, their present ability to maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person's ability to make payment in whole or in part.
After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2)
is liable, but not any claim payable by an insurer under s. 632.89 (2)
or by any other 3rd party.
Make an agreement with a person who is liable under sub. (2)
, or who may be willing to assume the cost of maintenance of any person, providing for the payment of such costs at a specified rate or amount.
Make adjustment and settlement with the several counties for their proper share of all moneys collected.
Pay quarterly from the appropriation under s. 20.437 (1) (gg)
the collection moneys due county departments under ss. 46.22
. Payments shall be made as soon after the close of each quarter as is practicable.
Any person who willfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers, and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings, or income or any funds deposited to the credit of or owing to any person liable under sub. (2)
. That certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts stated in the certified statement, if a copy of the statement is served upon the party sought to be charged not less than 3 days before the hearing.
The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and periodically to review all unpaid claims.
Except as provided in par. (b)
, in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.
If a person who is liable under this section is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02
shall be exclusively applicable. This paragraph applies to liability incurred on or after July 20, 1985.
Except as provided in pars. (b)
, liability of a person specified in sub. (2)
or s. 49.32 (1)
for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1)
. The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2)
or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1)
. Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.
Except as provided in par. (c)
, and subject to par. (cm)
, liability of a parent specified in sub. (2)
or s. 49.32 (1)
for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355
in a residential, nonmedical facility such as a group home, foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9)
and by applying the percentage standard in the manner established by the department under par. (g)
Upon request by a parent, the court may modify the amount of child support payments determined under par. (b)
, subject to par. (cm)
, if, after considering the following factors, the court finds by the greater weight of the credible evidence that the use of the percentage standard is unfair to the child or to either of the parents:
The physical, mental, and emotional health needs of the child, including any costs for the child's health insurance provided by a parent.
The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under 42 USC 9902
The earning capacity of each parent, based on each parent's education, training, and work experience and based on the availability of work in or near the parent's community.
The need and capacity of the child for education, including higher education.
The financial resources and the earning ability of the child.
The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
The best interests of the child, including, but not limited to, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child's family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.
Any other factors that the court in each case determines are relevant.
Except as provided in subd. 2.
, if a parent who is required to pay child support under par. (b)
is receiving adoption assistance under s. 48.975
for the child for whom support is ordered, the amount of the child support payments determined under par. (b)
may not exceed the amount of the adoption assistance maintenance payments under s. 48.975 (3) (a)
. If an agreement under s. 48.975 (4)
is in effect that provides for a payment of $0 under s. 48.975 (3) (a)
, the payment of $0 shall be considered to be an adoption assistance maintenance payment for purposes of this subdivision.
2. Subdivision 1.
does not apply if, after considering the factors under par. (c) 1.
, the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance maintenance payments under s. 48.975 (3) (a)
is unfair to the child or to either of the parents.
If the court finds under par. (c)
that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the parent, its reasons for the amount of the modification, and the basis for the modification.
An order issued under s. 48.355 (2) (b) 4.
, 48.357 (5m) (a)
, or 48.363 (2)
for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102
, and other money due or to be due in the future to the county department under s. 46.22
in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5.
The assignment shall be for an amount sufficient to ensure payment under the order.
Except as provided in subd. 3.
, for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
Benefits under ch. 108
may be assigned and withheld only in the manner provided in s. 108.13 (4)
. Any order to withhold benefits under ch. 108
shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20
. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.
The department shall promulgate rules for the operation and implementation of assignments under this paragraph.
If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par. (e) 1.
shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.
For purposes of determining child support under par. (b)
, the department shall promulgate rules related to the application of the standard established by the department under s. 49.22 (9)
to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355
in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
The department shall delegate to county departments under ss. 46.22
or the local providers of care and services meeting the standards established by the department under s. 49.34
the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities, if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 46.22
the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich, 98 Wis. 2d 274
, 296 N.W.2d 742
Sub. (3) and s. 46.03 (18) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W. 153 Wis. 2d 412
, 451 N.W.2d 416
Section 46.03 (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery; Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust, 159 Wis. 2d 709
, 465 N.W.2d 231
(Ct. App. 1990).
The uniform fee system under ss. 46.03 (18) and 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. In Interest of Kevin C. 181 Wis. 2d 146
, 510 N.W.2d 746
(Ct. App. 1993).
A circuit court may order parents to pay toward a child's support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility's education-related costs against the parents. Calumet County Department of Human Services v. Randall H. 2002 WI 126
, 257 Wis. 2d 57
, 653 N.W.2d 503
NOTE: The above-cited cases relate to cost of care and maintenance for a person receiving services provided by predecessor agencies to the department of children and families under s. 46.10.
Public assistance; supervisory functions of department. 49.35(1)(a)(a)
The department shall supervise the administration of programs under this subchapter and ch. 48
. The department shall submit to the federal authorities state plans for the administration of programs under this subchapter and ch. 48
in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
All records of the department and all county records relating to programs under this subchapter and ch. 48
and aid under s. 49.18
, 1971 stats., s. 49.20
, 1971 stats., and s. 49.61
, 1971 stats., as affected by chapter 90, laws of 1973
, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2)
and 938.396 (2)
, all county records relating to the administration of the services and public assistance specified in this paragraph shall be open to inspection at all reasonable hours by authorized representatives of the department.
All records of the department relating to aid provided under s. 49.19
are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.19
are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.
The department may at any time audit all county records relating to the administration of the services and public assistance specified in this section and may at any time conduct administrative reviews of county departments under ss. 46.215
. If the department conducts such an audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.215
The county administration of all laws relating to programs under this subchapter and ch. 48
shall be vested in the officers and agencies designated in the statutes.
Work experience program for noncustodial parents. 49.36(1)(a)
"Custodial parent" means a parent who lives with his or her child for substantial periods of time.
"Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe or band.
The department may contract with any county, tribal governing body, or Wisconsin Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193
, 1997 stats., or s. 49.147 (3)
, or (4)
. The program may also include job search and job orientation activities. The department shall fund the program from the appropriations under s. 20.437 (2) (dz)
Except as provided in par. (f)
, a person ordered to register under s. 767.55 (2) (am)
shall participate in a work experience program if services are available.
A person may not be required to participate for more than 32 hours per week in the program under this section.
A person may not be required to participate for more than 16 weeks during each 12-month period in a program under this section.
If a person is required by a governmental entity to participate in another work or training program, the person may not be required to participate in a program under this section in a week for more than 32 hours minus the number of hours he or she is required to participate in the other work or training program in that week.
If a person is employed, the person may not be required to participate in a program under this section in a week for more than 80% of the difference between 40 hours and the number of hours actually worked in the unsubsidized job during that week.
A person who works, on average, 32 hours or more per week in an unsubsidized job is not required to participate in a program under this section.
When a person completes 16 weeks of participation in a program under this section, the county, tribal governing body, or Wisconsin works agency operating the program shall inform the clerk of courts, by affidavit, of that completion.
A person participating in work experience as part of the program under this section is considered an employee of the county, tribal governing body, or Wisconsin works agency administering the program under this section for purposes of worker's compensation benefits only.
A county, tribal governing body, or Wisconsin works agency administering the program under this section shall reimburse a person for reasonable transportation costs incurred because of participation in a program under this section up to a maximum of $25 per month.
The department shall pay a county, tribal governing body, or Wisconsin works agency not more than $400 for each person who participates in the program under this section in the region in which the county, tribal governing body, or Wisconsin works agency administers the program under this section. The county, tribal governing body, or Wisconsin works agency shall pay any additional costs of the program.
Menominee Enterprises, Inc., bonds, acquisition. 49.38(1)(1)
The department is authorized to exercise options to purchase securities assigned to the state of Wisconsin under s. 710.05
, 1973 stats., at par value, or to accept an assignment of such securities, for the purpose of providing relief, public assistance or welfare aid under this section.
The department shall exercise the options to purchase such securities or accept an assignment of such securities when it finds that the owner of the securities is a resident of this state and is in need of public assistance, or who but for the ownership of such securities would qualify for public assistance. If the department exercises an option to purchase such security, the purchase price shall be paid out, at par value, as a relief payment. Where the department accepts an assignment of such security as provided in this section it shall pay out as relief an amount equal to the par value of the security assigned. The relief furnished, whether by money or otherwise, shall be at such times and in such amounts as will in the discretion of the department meet the needs of the recipient and protect the public. The department is authorized to exercise the options to purchase assigned to it in whole or in part, or to accept an assignment of such securities in whole or in part. The department is granted such authority as may be necessary and convenient to enable it to exercise the functions and perform the duties required of it by this section, including without limitation because of enumeration the authority to promulgate rules governing eligibility and the furnishing and paying of relief under this section, the authority to enter into suitable agreements with the owner of the security or other appropriate persons for the purpose of carrying out this section, and the authority to sell or transfer the securities or defend and prosecute all actions concerning it and pay all just claims against it and do all other things necessary for the protection, preservation and management of the securities.
If the relief, public assistance, or other welfare aid provided pursuant to this section is discontinued during the life of the person receiving such aid and the value of the securities transferred to the department exceed the total amount of assistance paid under this section, the excess of such property shall be returned to such person; and in the event of the person's death the excess shall be considered the property of such person for administration proceedings.
The department may make loans to the owner of such securities for relief and welfare purposes which loans shall be secured by pledges of the securities to the state. The department may by rule establish the purposes for which loans may be made, permissible interest rates and fees, time and manner in which the loan is paid out, time and manner of repayment, general procedures to be followed in making loans, the action which shall be taken if a borrower defaults on a loan, maximum amount which may be loaned to any one borrower, and any other rules necessary to carry out the purposes of this section.
Nothing in this section as created by chapter 2,
laws of Special Session of 1963, is in derogation of other rights and remedies provided by law.
On and after May 20, 1972, where the owner of such security is otherwise eligible for welfare assistance, such security shall be an exempt asset under the welfare law and shall not disqualify such person from receiving welfare assistance.
NOTE: Ch. 303, 1971 laws, provided for returning to its original owners Menominee Enterprises, Inc. bonds assigned to the state as a condition for receiving public assistance.
No action against members of the Menominee Indian tribe in certain cases.
No action shall be commenced under s. 46.10
or any other provision of law for the recovery from assets distributed to members of the Menominee Indian tribe and others by the United States pursuant to P.L. 83-399
, as amended, for the value of relief or old-age assistance under s. 49.20
, 1971 stats., as affected by chapter 90, laws of 1973
, and the value of maintenance in state institutions under ch. 46
, furnished prior to termination date as defined in s. 70.057 (1)
, 1967 stats., to any legally enrolled member of the Menominee Indian tribe, his or her dependents, or lawful distributees of such member under section 3, said P.L. 83-399
, as amended. For purposes of this section, "legally enrolled members of the Menominee Indian tribe" shall include only those persons whose names appear on "Final Roll-Menominee Indian Tribe of Wisconsin" as proclaimed by the secretary of the interior November 26, 1957, and published at pages 9951 et seq. of the federal register, Thursday, December 12, 1957.
History: 1973 c. 147
; 1983 a. 192
; 1995 a. 27
; Stats. 1995 s. 49.385.
As used in ss. 49.43
unless the context indicates otherwise:
"Accommodated person" means any person in a hospital or in a skilled nursing facility or intermediate care facility, as defined in Title XIX of the social security act, who would have been eligible for benefits under s. 49.19
or federal Title XVI if the person were not in such a hospital or facility, and any person in such an institution who can be found eligible for Title XIX under the social security act.