1995 Wisconsin Act 289

289,33 Section 33 . 46.25 (6) of the statutes is amended to read:

46.25 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

289,34 Section 34 . 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.25 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent 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. 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 or a recipient of kinship care payments under s. 48.57 (3m).

289,36 Section 36 . 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2158b, is amended to read:

46.258 (1) From the appropriation under s. 20.435 (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 who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and 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 who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and 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 who does not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

289,37 Section 37 . 46.258 (2) (a) 1. of the statutes is amended to read:

46.258 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 46.261 or 49.19 as well as for persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 46.261 or 49.19.

289,37m Section 37m. 46.261 of the statutes is created to read:

46.261 Foster care aid. (1) Definition. In this section, “dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who meets all of the following conditions:

(a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22 or 46.23.

(b) The child would qualify for aid under s. 49.19, 1993 stats.

(2) Aid payments. (a) A county department under s. 46.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the following:

1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

2. A county, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child caring institution by the county department. Reimbursement shall be made by the state pursuant to subd. 1.

3. A county, when the child is placed in a licensed foster home, treatment foster home, group home or child caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department.

4. A foster home or treatment foster home, a group home licensed under s. 48.625 or a child caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

(b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child caring institution by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.

(3) Assignment of support. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party.

289,43m Section 43m. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid on whose behalf aid is received under s. 49.19 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. 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 s. 51.423 (5). Private donations may not exceed 25% 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.

289,45 Section 45 . 46.979 (1) of the statutes is amended to read:

46.979 (1) In this section, “child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

289,45m Section 45m. 46.98 (1) (at) of the statutes is created to read:

46.98 (1) (at) “Educational program" means high school or a high school equivalency program or a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

289,50 Section 50 . 46.98 (1) (b) of the statutes is amended to read:

46.98 (1) (b) “Gainfully employed" means working, or seeking employment or participating in a training or educational program designed to lead directly to paid employment.

289,51 Section 51 . 46.98 (1) (bd) and (bf) of the statutes are created to read:

46.98 (1) (bd) “Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a).

(bf) “Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b).

289,51c Section 51c. 46.98 (1) (cm) of the statutes is created to read:

46.98 (1) (cm) “Poverty line" has the meaning given in s. 46.30 (1) (c).

289,52 Section 52 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) (4m) for at-risk, low-income and respite child care services under subs. (2m) and (4g) to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) for low-income and respite at-risk child care services under sub. subs. (2m) and (3) to private nonprofit child care providers who provide child care for the children of migrant workers and to county departments under s. 46.215, 46.22 or 46.23.

289,53 Section 53 . 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.98 (2m) (a) Except as provided in sub. (2) (c), funds distributed under sub. (2) for at-risk child care may only be used for the purposes specified in this paragraph. The funds shall be used to provide care for all or part of a day for children under age 13 of persons who need child care to be able to work, who are not receiving aid to families with dependent children and who are at risk of becoming eligible for aid to families with dependent children if child care under this subsection is not provided. No funds distributed under sub. (2) may be used to provide care for a child by a person who resides with the child.

289,54 Section 54 . 46.98 (3) (c) of the statutes is amended to read:

46.98 (3) (c) From the funds distributed under sub. (2) for low-income child care, a county may provide day care services itself or it may purchase day care services from a child care provider. In addition, from the funds distributed under sub. (2) for low-income child care, each county shall, subject to the availability of funds, provide day care by offering to each eligible parent a voucher for the payment of day care services provided by a child care provider. Each county shall allocate all or a portion of its day care funding for payment of vouchers. An eligible parent may choose whether the care will be provided by a Level I certified family day care provider or a Level II certified family day care provider or in a day care center, in the home of another person or, subject to the county's approval, in the parent's home. A parent who uses vouchers for the payment of day care services may supplement the maximum rate for day care services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for day care services is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.

289,55g Section 55g. 46.98 (4) (a) 2. of the statutes is amended to read:

46.98 (4) (a) 2. A Except as provided in par. (am), a parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and whose family income is equal to or less than 75% of the state median income. The department shall annually determine the state median income.

289,55m Section 55m. 46.98 (4) (am) of the statutes is created to read:

46.98 (4) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after the effective date of this paragraph .... [revisor inserts date], is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line.

289,56 Section 56 . 46.98 (4) (b) of the statutes is renumbered 46.98 (4) (b) (intro.) and amended to read:

46.98 (4) (b) (intro.) Parents Subject to a modification made pursuant to par. (bm), and except as provided in par. (bt), individuals receiving aid under sub. (3) whose family income is equal to or greater than 50% of the state median income are liable for the following percentages of the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.:

289,56c Section 56c. 46.98 (4) (b) 1., 2. and 3. of the statutes are created to read:

46.98 (4) (b) 1. For an individual with an income equal to or less than 75% of the poverty line, 7.5%.

2. For an individual with an income greater than 75% of the poverty line and not greater than 95% of the poverty line, 10%.

3. For an individual with an income greater than 95% of the poverty line, 10%, plus 1.2857% for every percentage point by which the individual's income exceeds 95% of the poverty line, except that no individual may be required to pay more than 100% of the cost of the child care.

289,56d Section 56d. 46.98 (4) (bm) of the statutes is created to read:

46.98 (4) (bm) The department may submit a proposal to the joint committee on finance to modify the percentages under par. (b). If, within 14 days after the date of receipt of the department's proposal, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may make the modifications specified in the proposal. If, within 14 days after the date of receipt of the department's proposal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the proposal until the committee approves the proposal.

289,56f Section 56f. 46.98 (4) (bt) of the statutes is created to read:

46.98 (4) (bt) An individual receiving aid under sub. (3) on the effective date of this paragraph .... [revisor inserts date], shall be liable for a portion of the cost of child care calculated as follows:

1. The department shall determine the amount for which the individual was liable under s. 46.98 (4) (b), 1993 stats., immediately before the effective date of this paragraph .... [revisor inserts date].

2. The department shall determine the amount for which the individual is liable under par. (b).

3. The department shall subtract the amount determined under subd. 1. from the amount determined under subd. 2.

4. If the amount determined under subd. 3. is zero or less, the individual's liability shall be the amount determined under par. (b). If the amount determined under subd. 3 is greater than zero, the department shall add to the amount determined under subd. 1. the product of the amount determined under subd. 3 multiplied by the following percentage:

a. Beginning on July 1, 1996, or on the effective date of this subd. 4. a. .... [revisor inserts date], whichever is later, and ending on October 31, 1996, 25%.

b. Beginning on November 1, 1996, and ending on February 28, 1997, 50%.

c. Beginning on March 1, 1997, and ending on June 30, 1997, or on the day specified under s. 49.141 (2) (d), whichever is later, 75%.

289,56g Section 56g. 46.98 (4) (bu) of the statutes is created to read:

46.98 (4) (bu) Paragraph (bt) does not apply beginning on July 1, 1997, or on the date specified under s. 49.141 (2) (d), whichever is later.

289,57 Section 57 . 46.98 (4) (d) of the statutes is amended to read:

46.98 (4) (d) Each county shall annually set a maximum rate that it will pay for licensed day care services provided to eligible parents, other than licensed day care services for which a rate, if any, is established under par. (e). A county shall set its maximum rate under this paragraph so that at least 75% of the number of places for children within the licensed or certified capacity of all child care providers in that county can be purchased at or below that maximum rate. The department shall annually review each county's rate and shall approve it if the department finds that the rate is set at a reasonable and customary level which does not preclude an eligible parent from having a reasonable selection of child care providers. The department shall promulgate by rule a procedure and criteria for approving county rates.

289,58 Section 58 . 46.98 (4) (dg) and (dm) of the statutes are created to read:

46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level I certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (d).

(dm) Each county shall set a maximum rate that it will pay for Level II certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (d).

289,59 Section 59 . 46.98 (4g) (b) of the statutes is amended to read:

46.98 (4g) (b) From the funds distributed under sub. (2) for respite child care, a county may provide child care services itself or it may purchase child care services from a child care provider. In addition, from the funds distributed under sub. (2) for respite child care, each county shall, subject to the availability of funds, provide child care by offering to each eligible parent a voucher for the payment of child care services provided by a child care provider. Each county shall allocate all or a portion of its child care funding for payment of vouchers. A parent who uses vouchers for the payment of child care services may supplement the maximum rate for child care services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for child care services is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The county may choose the child care provider for a child whose child care is funded under par. (a).

289,60 Section 60 . 46.98 (6) of the statutes is created to read:

46.98 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d).

289,61 Section 61 . 46.986 (1) (b) of the statutes is amended to read:

46.986 (1) (b) “Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

289,62 Section 62 . 46.986 (1) (m) of the statutes is amended to read:

46.986 (1) (m) “Parent" has the meaning given in s. 46.98 (1) (c) means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

289,63 Section 63 . 46.987 (1) (a) of the statutes is amended to read:

46.987 (1) (a) “Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

289,64 Section 64 . 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

289,65 Section 65 . 46.995 (2) (c) of the statutes is amended to read:

46.995 (2) (c) Highest rate, by county population, of participation in the aid to families with dependent children program under s. 49.19 or the Wisconsin works program under s. 49.147 (3) to (5).

289,66 Section 66 . 48.40 (1m) of the statutes is created to read:

48.40 (1m) “Kinship care relative" means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.

289,67 Section 67 . 48.427 (3) (a) 5. of the statutes is amended to read:

48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative.

289,68 Section 68 . 48.428 (2) of the statutes is amended to read:

48.428 (2) When a court places a child in sustaining care after an order under s. 48.427, the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

289,69 Section 69 . 48.428 (4) of the statutes is amended to read:

48.428 (4) Before a licensed foster parent or, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent or , treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or , treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

289,70d Section 70d. 48.57 (3m) of the statutes is created to read: