AB150-ASA,738,422
46.22
(3m) (a) In any county with a county executive or a county administrator
23which has established a single-county department of social services, the county
24executive or county administrator, subject to s.
49.50 (2) to (5) 49.33 (4) to (7) and the
25rules promulgated thereunder, shall appoint and supervise the county social services
1director. The appointment is subject to the confirmation of the county board of
2supervisors unless the county board of supervisors, by ordinance, elects to waive
3confirmation or unless the appointment is made under a civil service system
4competitive examination procedure established under s. 59.07 (20) or ch. 63.
AB150-ASA,738,86
46.22
(3m) (b) 12. Establish priorities in addition to those mandated by the
7department of health and social services
, by the department of industry, labor and
8human relations or by the department of corrections.
AB150-ASA, s. 2111
9Section
2111. 46.22 (3m) (b) 17. b. of the statutes is amended to read:
AB150-ASA,738,1210
46.22
(3m) (b) 17. b. Such other reports as are required by the secretary
of
11health and social services, the secretary of industry, labor and human relations, the
12secretary of corrections and the county board of supervisors.
AB150-ASA,738,1914
46.23
(2) (a) "Human services" means the total range of services to people
15including, but not limited to, health care, mental illness treatment, developmental
16disabilities services,
general relief
funded by a block grant under ch. 49, income
17maintenance, probation and parole services, alcohol and drug abuse services,
18services to children, youth and aging, family counseling, exceptional educational
19services and manpower services.
AB150-ASA,739,521
46.23
(3) (a)
Creation. Upon approval by the secretary
of health and social
22services, by the secretary of corrections and by the secretary of industry, labor and
23human relations of a feasibility study and a program implementation plan, the
24county board of supervisors of any county with a population of less than 500,000, or
25the county boards of supervisors of 2 or more contiguous counties, each of which has
1a population of less than 500,000, may establish by resolution a county department
2of human services on a single-county or multicounty basis to provide the services
3required under this section. The county department of human services shall consist
4of the county human services board, the county human services director and
5necessary personnel.
AB150-ASA,739,117
46.23
(3) (am) 4. No funds may be allocated to any multicounty department of
8human services until the counties have drawn up a detailed contractual agreement,
9approved by the secretary
of health and social services, by the secretary of corrections
10and by the secretary of industry, labor and human relations, setting forth the plan
11for joint sponsorship.
AB150-ASA,739,2214
46.23
(3) (e)
Exchange of information. Notwithstanding ss. 49.45 (4),
49.53
15(1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c),
16any subunit of a county department of human services acting under this section may
17exchange confidential information about a client, without the informed consent of
18the client, with any other subunit of the same county department of human services
19or with any person providing services to the client under a purchase of services
20contract with the county department of human services, if necessary to enable an
21employe or service provider to perform his or her duties, or to enable the county
22department of human services to coordinate the delivery of services to the client.
AB150-ASA, s. 2117
23Section
2117. 46.23 (5) (a) of the statutes is renumbered 46.23 (5) (a) 1. and
24amended to read:
AB150-ASA,740,7
146.23
(5) (a) 1. Shall determine administrative and program policies
, except as
2provided under subch. III of ch. 49 and except for juvenile delinquency-related
3policies, within limits established by the department of health and social services.
4Policy decisions
, except as provided under subch. III of ch. 49 and except for juvenile
5delinquency-related policies, not reserved by statute for the department of health
6and social services may be delegated by the secretary to the county human services
7board.
AB150-ASA,740,139
46.23
(5) (a) 2. Shall determine administrative and program policies under
10subch. III of ch. 49 within limits established by the department of industry, labor and
11human relations. Policy decisions under subch. III of ch. 49 not reserved by statute
12for the department of industry, labor and human relations may be delegated by the
13secretary of industry, labor and human relations to the county human services board.
AB150-ASA,740,1915
46.23
(5) (a) 3. Shall determine juvenile delinquency-related administrative
16programs and policies within limits established by the department of corrections.
17Juvenile delinquency-related policy decisions not reserved by statute for the
18department of corrections may be delegated by the secretary of corrections to the
19county human services board.
AB150-ASA,740,2321
46.23
(5) (b) Shall establish priorities in addition to those mandated by the
22department of health and social services
, the department of corrections or the
23department of industry, labor and human relations.
AB150-ASA, s. 2120
24Section
2120. 46.23 (5) (c) of the statutes is renumbered 46.23 (5) (c) 1. and
25amended to read:
AB150-ASA,741,5
146.23
(5) (c) 1. Shall determine whether state mandated services
, except for
2services under subch. III of ch. 49 and juvenile delinquency-related services, are
3provided or purchased or contracted for with local providers, and monitor the
4performance of such contracts. Purchase of services contracts shall be subject to the
5conditions specified in s. 46.036.
AB150-ASA,741,107
46.23
(5) (c) 2. Shall determine whether state mandated services under subch.
8III of ch. 49 are provided or purchased or contracted for with local providers, and
9monitor the performance of such contracts. Purchase of services contracts shall be
10subject to the conditions specified in s. 49.34.
AB150-ASA,741,1512
46.23
(5) (c) 3. Shall determine whether state mandated juvenile
13delinquency-related services are provided or purchased or contracted for with local
14providers, and monitor the performance of such contracts. Purchase of service
15contracts shall be subject to the conditions specified in s. 301.031.
AB150-ASA, s. 2122
16Section
2122. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and
17amended to read:
AB150-ASA,741,2418
46.23
(5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for
19authorized services
, except for services under subch. III of ch. 49 and juvenile
20delinquency-related services. Notwithstanding the categorization of or limits
21specified for funds allocated under s.
49.52 (1) (d)
46.495 or 51.423 (2), with the
22approval of the department of health and social services the county human services
23board may expend these funds consistent with any service provided under s.
49.52
24(1) (d) 46.495 or 51.42.
AB150-ASA,742,2
146.23
(5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for
2authorized services under subch. III of ch. 49.
AB150-ASA,742,54
46.23
(5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for
5authorized juvenile delinquency-related services.
AB150-ASA,742,157
46.23
(5m) (c) Prepare, with the assistance of the county human services
8director under sub. (6m) (e), a proposed budget for submission to the county executive
9or county administrator
and, a final budget for submission to the department of
10health and social services in accordance with s. 46.031 (1) for authorized services
,
11except services under subch. III of ch. 49 and juvenile delinquency-related services,
12a final budget for submission to the department of industry, labor and human
13relations in accordance with s. 49.325 for authorized services under subch. III of ch.
1449 and a final budget for submission to the department of corrections in accordance
15with s. 301.031 for authorized juvenile delinquency-related services.
AB150-ASA, s. 2125
16Section
2125. 46.23 (6) (a) (intro.) of the statutes is amended to read:
AB150-ASA,743,217
46.23
(6) (a) (intro.) A county human services director appointed under sub. (5)
18(f) shall have all of the administrative and executive powers and duties of managing,
19operating, maintaining and improving the programs of the county department of
20human services, subject to the rules promulgated by the department of health and
21social services
under this section for programs, except services or programs under
22subch. III of ch. 49 and juvenile delinquency-related services or programs, subject
23to the rules promulgated by the department of industry, labor and human relations
24for services or programs under subch. III of ch. 49 and subject to the rules
25promulgated by the department of corrections for juvenile delinquency-related
1services or programs. In consultation with the county human services board under
2sub. (5) and subject to its approval, the county human services director shall prepare:
AB150-ASA,743,84
46.23
(6) (a) 3. Such other reports as are required by the secretary
of health and
5social services, by the secretary of corrections or by the secretary of industry, labor
6and human relations and the county board of supervisors in a county with a
7single-county department of human services or the county boards of supervisors in
8counties with a multicounty department of human services.
AB150-ASA,743,1110
46.23
(6m) (a) Supervise and administer any program
established for which
11supervision and administration is authorized under this section.
AB150-ASA, s. 2128b
12Section 2128b. 46.25 (title) and (1) to (7) of the statutes are renumbered
1349.143 (title) and (1) to (7), and 49.143 (1) and (7), as renumbered, are amended to
14read:
AB150-ASA,744,415
49.143
(1) There is created a child and spousal support and establishment of
16paternity and medical liability support program in the department. The purpose of
17this program is to establish paternity when possible, to establish or modify support
18obligations, to enforce support obligations owed by parents to their children and
19maintenance obligations owed to spouses or former spouses with whom the children
20reside in this state or owed in other states if the support order was issued in this state
21or owed in other states if the parent, spouse or former spouse resides in this state,
22to locate persons who are alleged to have taken their child in violation of s. 948.31
23or of similar laws in other states, and to locate and value property of any person
24having a support duty. To accomplish the objectives of this program and of other
25assistance programs under
ch. 49 this chapter, county and state agencies will
1cooperate with one another to implement a child and spousal support and paternity
2establishment program in accordance with state and federal laws, regulations and
3rules and to assure proper distribution of benefits of all assistance programs
4authorized under
ch. 49 this chapter.
AB150-ASA,744,18
5(7) The department may represent the state in any action to establish paternity
6or to establish or enforce a support or maintenance obligation. The department may
7delegate its authority to represent the state in any action to establish paternity or
8to establish or enforce a support or maintenance obligation under this section to an
9attorney responsible for support enforcement under s. 59.458 (1) pursuant to a
10contract entered into under s. 59.07 (97). The department shall ensure that any such
11contract is for an amount reasonable and necessary to assure quality service. The
12department may, by such a contract, authorize a county to contract with any
13attorney, collection agency or other person to collect unpaid child support or
14maintenance. If a county fails to fully implement the programs under s. 59.07 (97),
15the department may implement them and may contract with any appropriate person
16to obtain necessary services. The department shall establish a formula for
17disbursing funds appropriated under s.
20.435 (4)
20.445 (3) (p) to carry out a
18contract under this subsection.
AB150-ASA,745,420
46.25
(7m) The department may contract with or employ a collection agency
, 21attorney or other person to enforce a support obligation of a parent
residing outside
22this state, or who is delinquent in making support payments and may contract with
23or employ an attorney to appear in an action in
state or federal court to enforce such
24an obligation
, or both. To pay for the department's administrative costs of
25implementing this subsection, the department may charge a fee to counties, retain
1up to 50% of any incentive payment made to this state under
42 USC 658 for a
2collection under this subsection, and retain 30% of this state's share of a collection
3made under this subsection on behalf of a recipient of aid to families with dependent
4children.
AB150-ASA, s. 2129m
5Section 2129m. 46.25 (7m) to (11) of the statutes, as affected by 1995
6Wisconsin Act .... (this act), are renumbered 49.143 (7m) to (11), and 49.143 (8), as
7renumbered, is amended to read:
AB150-ASA,745,138
49.143
(8) The department may charge other states and counties seeking
9collection of child and spousal support for any administrative costs it incurs in
10providing services related to interstate child support collections, the federal parent
11locator service under
42 USC 653, the interception of unemployment compensation
12under
42 USC 654 or the withholding of state and federal income tax refunds under
13s.
46.255 49.855 and
42 USC 664.
AB150-ASA, s. 2135
16Section
2135. 46.253 (title) of the statutes is renumbered 49.36 (title).
AB150-ASA, s. 2137
18Section
2137. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended
19to read:
AB150-ASA,746,220
49.36
(2) The department may contract with any county to administer a work
21experience and job training program for parents who are not custodial parents and
22who fail to pay child support or to meet their children's needs for support as a result
23of unemployment or underemployment. The program may provide the kinds of work
24experience and job training services available from the program under s. 49.193. The
1department shall fund the program from the appropriation under s.
20.435 (4) (df) 220.445 (3) (df).
AB150-ASA, s. 2143
8Section
2143. 46.254 (title) of the statutes is renumbered 49.85 (title).
AB150-ASA,746,1510
46.254
(1) County department notification requirement. If a county
11department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
12recognized American Indian tribe or band determines that the department of health
13and social services may recover an amount under s.
49.083, 49.125, 49.195 (3) or
1449.497, the county department or governing body shall notify the department of
15health and social services of the determination.
AB150-ASA, s. 2146
16Section
2146
. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act ....
17(this act), is renumbered 49.85 (1) and amended to read:
AB150-ASA,746,2418
49.85
(1) County department notification requirement. If a county
19department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
20recognized American Indian tribe or band determines that the department of health
21and social services may recover an amount under s.
49.125, 49.195 (3) or 49.497
or
22that the department of industry, labor and human relations may recover an amount
23under s. 49.125 or 49.195 (3), the county department or governing body shall notify
24the
affected department
of health and social services of the determination.
AB150-ASA,747,8
146.254
(2) Department certification. At least annually, the department shall
2certify to the department of revenue the amounts that, based on the notifications
3received under sub. (1) and on other information received by the department of
4health and social services, the department has determined that it may recover under
5ss.
49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify
6an amount under this subsection unless the department has met the notice
7requirements under sub. (3) and unless the department's determination has either
8not been appealed or is no longer under appeal.
AB150-ASA, s. 2149
9Section
2149
. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 49.85 (2) (a) and amended to read:
AB150-ASA,747,1911
49.85
(2) (a)
At least annually, the department
of health and social services 12shall certify to the department of revenue the amounts that, based on the
13notifications received under sub. (1) and on other information received by the
14department of health and social services, the department
of health and social
15services has determined that it may recover under
ss. 49.125, 49.195 (3) and s. 1649.497, except that the department
of health and social services may not certify an
17amount under this subsection unless
the department
it has met the notice
18requirements under sub. (3) and unless
the department's its determination has
19either not been appealed or is no longer under appeal.
AB150-ASA, s. 2150
20Section
2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a)
21(intro.) and amended to read:
AB150-ASA,747,2522
49.85
(3) (a)
(intro.)
At least 30 days before certification of an amount, the
23department
of health and social services shall send a notice to the last-known
24address of the person from whom
the that department intends to recover the amount.
25The notice shall do all of the following:
AB150-ASA,748,52
46.254
(3) (a) Inform the person that the department intends to certify to the
3department of revenue an amount that the department of health and social services
4has determined to be due under s.
49.083, 49.125, 49.195 (3) or 49.497, for setoff from
5any state tax refund that may be due the person.
AB150-ASA, s. 2153
6Section
2153
. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
AB150-ASA,748,118
49.85
(3) (a) 1. Inform the person that the department
of health and social
9services intends to certify to the department of revenue an amount that the
10department of health and social services has determined to be due under s.
49.125,
1149.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
AB150-ASA, s. 2154
12Section
2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a)
132. to 5. and amended to read:
AB150-ASA,748,1714
49.85
(3) (a) 2. Inform the person that he or she may appeal the
department's 15determination
of the department of health and social services to certify the amount
16by requesting a hearing under sub. (4) within 30 days after the date of the letter and
17inform the person of the manner in which he or she may request a hearing.
AB150-ASA,748,2118
3. Inform the person that, if the
department's determination
of the department
19of health and social services is appealed,
the
that department will not certify the
20amount to the department of revenue while the determination of the department of
21health and social services is under appeal.
AB150-ASA,749,222
4. Inform the person that, unless a contested case hearing is requested to
23appeal the
department's determination
of the department of health and social
24services, the person may be precluded from challenging any subsequent setoff of the
25certified amount by the department of revenue, except on the grounds that the
1certified amount has been partially or fully paid or otherwise discharged, since the
2date of the notice.
AB150-ASA,749,53
5. Request that the person inform the department
of health and social services 4if a bankruptcy stay is in effect with respect to the person or if the claim has been
5discharged in bankruptcy.
AB150-ASA, s. 2155
6Section
2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
AB150-ASA, s. 2156
7Section
2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and
8amended to read: