1995 Wisconsin Act 404

404,95 Section 95 . 46.98 (1) (d) of the statutes is repealed.

404,96 Section 96 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 216 and 289, is amended to read:

46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (4m) 49.13 for at-risk, and low-income and respite child care services under subs. (2m) and (4g) (3) 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) and (4m) for low-income and at-risk child care services under subs. (2m) and (3) and 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.

404,97 Section 97 . 46.98 (2) (b) of the statutes is renumbered 49.132 (2) (b).

404,98 Section 98 . 46.98 (2) (c) of the statutes is renumbered 49.132 (2) (c) and amended to read:

49.132 (2) (c) A county may use up to 5% of the funds distributed under par. (a) to its county department under s. 46.215, 46.22 or 46.23 for the costs of administering the programs under subs. (2m), and (3) and (4g).

404,99 Section 99 . 46.98 (2m) (title) of the statutes is renumbered 49.132 (2m) (title).

404,100 Section 100 . 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (2m) (a).

404,101 Section 101 . 46.98 (2m) (c) and (d) 1. of the statutes are renumbered 49.132 (2m) (c) and (d) 1.

404,102 Section 102 . 46.98 (2m) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.132 (2m) (d) 2.

404,103 Section 103 . 46.98 (2r) (title), (a), (b) and (d) of the statutes are renumbered 49.132 (2r) (title), (a), (b) and (d).

404,104 Section 104 . 46.98 (3) (title) of the statutes is renumbered 49.132 (3) (title).

404,105 Section 105 . 46.98 (3) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 49.132 (3) (a) and (b).

404,106 Section 106 . 46.98 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (3) (c).

404,107 Section 107 . 46.98 (4) (title), (a) (intro.) and 1. of the statutes are renumbered 49.132 (4) (title), (a) (intro.) and 1.

404,108 Section 108 . 46.98 (4) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (a) 2.

404,109 Section 109 . 46.98 (4) (a) 3. of the statutes is renumbered 49.132 (4) (a) 3.

404,110 Section 110 . 46.98 (4) (am) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (am).

404,111 Section 111 . 46.98 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (b).

404,112 Section 112 . 46.98 (4) (c) of the statutes is renumbered 49.132 (4) (c).

404,113 Section 113 . 46.98 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (d).

404,114 Section 114 . 46.98 (4) (dg) and (dm) of the statutes, as created by 1995 Wisconsin Act 289, are renumbered 49.132 (4) (dg) and (dm).

404,115 Section 115 . 46.98 (4) (e) of the statutes is renumbered 49.132 (4) (e).

404,116 Section 116 . 46.98 (4g) (title) of the statutes is repealed.

404,117 Section 117 . 46.98 (4g) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

404,118 Section 118. 46.98 (4g) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.

404,119 Section 119 . 46.98 (4g) (c) and (d) of the statutes are repealed.

404,120 Section 120 . 46.98 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.132 (5).

404,121 Section 121 . 46.98 (6) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (6).

404,122 Section 122 . 46.982 of the statutes is renumbered 49.133, and 49.133 (intro.), as renumbered, is amended to read:

49.133 Refusal to pay child care providers. (intro.) The department or a county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under s. 46.98 49.132 or any other program if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:

404,123 Section 123 . 46.984 (title) of the statutes is renumbered 49.134 (title).

404,124 Section 124 . 46.984 (1) of the statutes is renumbered 49.134 (1).

404,125 Section 125 . 46.984 (2) (title) of the statutes is renumbered 49.134 (2) (title).

404,126 Section 126 . 46.984 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (2) (a) and amended to read:

49.134 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 2., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

404,127 Section 127 . 46.984 (2) (c) and (d) and (3) of the statutes are renumbered 49.134 (2) (c) and (d) and (3).

404,128 Section 128 . 46.984 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (4) (a).

404,129 Section 129 . 46.984 (4) (intro.), (b) and (c) of the statutes are renumbered 49.134 (4) (intro.), (b) and (c).

404,130 Section 130 . 46.986 (title) of the statutes is renumbered 49.136 (title).

404,131 Section 131 . 46.986 (1) (intro.) of the statutes is renumbered 49.136 (1) (intro.).

404,132 Section 132 . 46.986 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (b).

404,133 Section 133 . 46.986 (1) (d), (e), (g), (j) and (k) of the statutes are renumbered 49.136 (1) (d), (e), (g), (j) and (k).

404,134 Section 134 . 46.986 (1) (m) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (m).

404,135 Section 135 . 46.986 (1) (n) of the statutes is renumbered 49.136 (1) (n).

404,136 Section 136 . 46.986 (2) (title) of the statutes is renumbered 49.136 (2) (title).

404,137 Section 137 . 46.986 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.136 (2) (a) and amended to read:

49.136 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 1., the department shall award grants for the start-up or expansion of child care services.

404,138 Section 138 . 46.986 (2) (b) and (cm) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 49.136 (2) (b) and (cm).

404,139 Section 139 . 46.986 (3) (title) of the statutes is repealed.

404,140 Section 140 . 46.986 (6) of the statutes is renumbered 49.136 (6).

404,141 Section 141 . 46.986 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.136 (7).

404,142 Section 142 . 46.987 (title) of the statutes is renumbered 49.137 (title).

404,143 Section 143 . 46.987 (1) (intro.) of the statutes is renumbered 49.137 (1) (intro.).

404,144 Section 144 . 46.987 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.137 (1) (a).

404,145 Section 145 . 46.987 (1) (b) of the statutes is renumbered 49.137 (1) (b) and amended to read:

49.137 (1) (b) “Day care center" has the meaning given in s. 46.986 49.136 (1) (d).

404,146 Section 146 . 46.987 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (1) (c).

404,147 Section 147 . 46.987 (1) (d) of the statutes is renumbered 49.137 (1) (d) and amended to read:

49.137 (1) (d) “Family day care center" has the meaning given in s. 46.986 49.136 (1) (j).

404,148 Section 148 . 46.987 (1) (e) of the statutes is renumbered 49.137 (1) (e) and amended to read:

49.137 (1) (e) “Group day care center" has the meaning given in s. 46.986 49.136 (1) (k).

404,149 Section 149 . 46.987 (2) (title) of the statutes is renumbered 49.137 (2) (title).

404,150 Section 150 . 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.137 (2) (a) and amended to read:

49.137 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 4., the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 49.132 (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.

404,151 Section 151. 46.987 (2) (b) and (c) of the statutes are renumbered 49.137 (2) (b) and (c).

404,152 Section 152 . 46.987 (3) (title) of the statutes is renumbered 49.137 (3) (title).

404,153 Section 153 . 46.987 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (3) (a) and amended to read:

49.137 (3) (a) From the allocation under s. 46.979 49.131 (2) (c) 3., the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 46.98 49.132 (4) (e).

404,154 Section 154 . 46.987 (3) (b) of the statutes is renumbered 49.137 (3) (b).

404,155 Section 155 . 46.987 (3) (c) of the statutes is renumbered 49.137 (3) (c) and amended to read:

49.137 (3) (c) A child care provider that is awarded a grant under this subsection shall use the grant funds to attempt to meet the quality of care standards established under s. 46.98 49.132 (4) (e) within 24 months after receipt of the grant.

404,156 Section 156 . 46.987 (4) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (4) (intro.) and amended to read:

49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 46.979 49.131 (2) (c) 4., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

404,157 Section 157 . 46.987 (4) (a) of the statutes is renumbered 49.137 (4) (a) and amended to read:

49.137 (4) (a) Developing and recommending to the department a system of higher reimbursement rates or a program of grants for child care providers that meet the quality of care standards established under s. 46.98 49.132 (4) (e).

404,158 Section 158 . 46.987 (4) (b) of the statutes is renumbered 49.137 (4).

404,159 Section 159 . 46.987 (4) (c) of the statutes is renumbered 49.137 (4) (c) and amended to read:

49.137 (4) (c) Disseminating to the public information about child care that meets the quality of care standards established under s. 46.98 49.132 (4) (e).

404,160 Section 160 . 46.987 (4) (d) to (h) and (5) of the statutes are renumbered 49.137 (4) (d) to (h) and (5).

404,161 Section 161 . 46.987 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (6).

404,162 Section 162 . 48.30 (6) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing.

404,163 Section 163 . 48.31 (7) of the statutes is amended to read:

48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from the fact-finding hearing for a child in secure custody and no more than 30 days from the fact-finding hearing for a child not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

404,164 Section 164 . 48.357 (5m) of the statutes is amended to read:

48.357 (5m) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

404,165 Section 165 . 48.36 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of industry, labor and job development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.