46.23 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of a county department of human services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.
27,2117
Section 2117
. 46.23 (5) (a) of the statutes is renumbered 46.23 (5) (a) 1. and amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health and social services. Policy decisions, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health and social services may be delegated by the secretary to the county human services board.
27,2118
Section 2118
. 46.23 (5) (a) 2. of the statutes is created to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under subch. III of ch. 49 within limits established by the department of industry, labor and human relations. Policy decisions under subch. III of ch. 49 not reserved by statute for the department of industry, labor and human relations may be delegated by the secretary of industry, labor and human relations to the county human services board.
27,2118m
Section 2118m. 46.23 (5) (a) 3. of the statutes is created to read:
46.23 (5) (a) 3. Shall determine juvenile delinquency-related administrative programs and policies within limits established by the department of corrections. Juvenile delinquency-related policy decisions not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
27,2119
Section 2119
. 46.23 (5) (b) of the statutes is amended to read:
46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and social services, the department of corrections or the department of industry, labor and human relations.
27,2120
Section 2120
. 46.23 (5) (c) of the statutes is renumbered 46.23 (5) (c) 1. and amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
27,2121
Section 2121
. 46.23 (5) (c) 2. of the statutes is created to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
27,2121m
Section 2121m. 46.23 (5) (c) 3. of the statutes is created to read:
46.23 (5) (c) 3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts shall be subject to the conditions specified in s. 301.031.
27,2122
Section 2122
. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 49.52 (1) (d) 46.495 or 51.423 (2), with the approval of the department of health and social services the county human services board may expend these funds consistent with any service provided under s. 49.52 (1) (d)
46.495 or 51.42.
27,2123
Section 2123
. 46.23 (5) (n) 2. of the statutes is created to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under subch. III of ch. 49.
27,2123m
Section 2123m. 46.23 (5) (n) 3. of the statutes is created to read:
46.23 (5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.
27,2124
Section 2124
. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49 and a final budget for submission to the department of corrections in accordance with s. 301.031 for authorized juvenile delinquency-related services.
27,2125
Section 2125
. 46.23 (6) (a) (intro.) of the statutes is amended to read:
46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and social services under this section
for programs, except services or programs under subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of industry, labor and human relations for services or programs under subch. III of ch. 49 and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:
27,2126
Section 2126
. 46.23 (6) (a) 3. of the statutes is amended to read:
46.23 (6) (a) 3. Such other reports as are required by the secretary of health and social services, by the secretary of corrections or by the secretary of industry, labor and human relations and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
27,2127
Section 2127
. 46.23 (6m) (a) of the statutes is amended to read:
46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.
27,2128m
Section 2128m. 46.25 (7) of the statutes is amended to read:
46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and social services, to carry out a contract under this subsection.
27,2129
Section 2129
. 46.25 (7m) of the statutes is amended to read:
46.25 (7m) The department may contract with or employ a collection agency, attorney or other person to enforce a support obligation of a parent residing outside this state, or who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation, or both. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children.
27,2130m
Section 2130m. 46.25 (12) of the statutes is repealed.
27,2134
Section 2134
. 46.25 (14) of the statutes is repealed.
27,2134q
Section 2134q. 46.252 of the statutes is created to read:
46.252 Limitation on giving information. No person may use or disclose information concerning applicants or recipients of child and spousal support and establishment of paternity services under s. 46.25 for any purpose not connected with the administration of the program. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
27,2135
Section 2135
. 46.253 (title) of the statutes is renumbered 49.36 (title).
27,2136
Section 2136
. 46.253 (1) of the statutes is renumbered 49.36 (1).
27,2137
Section 2137
. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended to read:
49.36 (2) The department may contract with any county 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. The department shall fund the program from the appropriation under s. 20.435 (4) (df) 20.445 (3) (df).
27,2138
Section 2138
. 46.253 (3) of the statutes is renumbered 49.36 (3).
27,2139
Section 2139
. 46.253 (4) of the statutes is renumbered 49.36 (4).
27,2140
Section 2140
. 46.253 (5) of the statutes is renumbered 49.36 (5).
27,2141
Section 2141
. 46.253 (6) of the statutes is renumbered 49.36 (6).
27,2142
Section
2142. 46.253 (7) of the statutes is renumbered 49.36 (7).
27,2143
Section 2143
. 46.254 (title) of the statutes is renumbered 49.85 (title).
27,2145
Section 2145
. 46.254 (1) of the statutes is amended to read:
46.254 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and social services may recover an amount under s. 49.083, 49.125, 49.195 (3) or 49.497, the county department or governing body shall notify the department of health and social services of the determination.
27,2146
Section 2146
. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (1) and amended to read:
49.85 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and social services may recover an amount under s. 49.125, 49.195 (3) or 49.497
or that the department of industry, labor and human relations may recover an amount under s. 49.125 or 49.195 (3), the county department or governing body shall notify the affected department of health and social services of the determination.
27,2148
Section 2148
. 46.254 (2) of the statutes is amended to read:
46.254 (2) Department certification. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined that it may recover under ss. 49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.
27,2149
Section 2149
. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (2) (a) and amended to read:
49.85 (2) (a) At least annually, the department of health and social services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department of health and social services has determined that it may recover under ss. 49.125, 49.195 (3) and
s. 49.497, except that the department of health and social services may not certify an amount under this subsection unless the department it has met the notice requirements under sub. (3) and unless the department's its determination has either not been appealed or is no longer under appeal.
27,2150
Section 2150
. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a) (intro.) and amended to read:
49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom the that department intends to recover the amount. The notice shall do all of the following:
27,2152
Section 2152
. 46.254 (3) (a) of the statutes is amended to read:
46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
27,2153
Section 2153
. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
27,2154
Section 2154
. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:
49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
3. Inform the person that, if the department's determination of the department of health and social services is appealed, the that department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.
4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
5. Request that the person inform the department of health and social services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
27,2155
Section 2155
. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
27,2156
Section
2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and amended to read:
49.85 (4) (a) If a person has requested a hearing under this subsection, the department of health and social services shall hold a contested case hearing under s. 227.44, except that the department of health and social services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
27,2157
Section 2157
. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended to read:
49.85 (5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and social services or the department of industry, labor and human relations from attempting to recover the amount through other legal means. The department of health and social services or the department of industry, labor and human relations shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
27,2157x
Section 2157x. 46.258 (1) of the statutes is amended to read:
46.258 (1) From the appropriation under s. 20.435 (4) (ga) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
27,2158b
Section 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.258 (1) From the appropriation under s. 20.435
(4) (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
27,2159
Section 2159
. 46.258 (2) (a) (intro.) of the statutes is amended to read:
46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
27,2160b
Section 2160b. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (3) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
27,2160m
Section 2160m. 46.26 (title) of the statutes is repealed.
27,2160p
Section 2160p. 46.26 (1) of the statutes is repealed.
27,2161m
Section 2161m. 46.26 (2) (title) and (a) of the statutes are repealed.
27,2161p
Section 2161p. 46.26 (2) (b) of the statutes is repealed.
27,2162m
Section 2162m. 46.26 (2) (c) of the statutes is repealed.
27,2162p
Section 2162p. 46.26 (2m) of the statutes is repealed.
27,2162r
Section 2162r. 46.26 (3) (title) and (a) of the statutes are repealed.
27,2163m
Section 2163m. 46.26 (3) (c) of the statutes is repealed.
27,2164m
Section 2164m. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. s. 48.366 and 48.537 during previous calendar years.
