Amendment ASA2-AB591

AB591-ASA2,16,18 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, and to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).

AB591-ASA2, s. 39 Section 39. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB591-ASA2, s. 40 Section 40. 46.45 (intro.) of the statutes is amended to read:

AB591-ASA2,17,4 46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

AB591-ASA2, s. 41 Section 41. 46.45 (1) of the statutes is repealed.

AB591-ASA2, s. 42 Section 42. 46.45 (6) of the statutes is amended to read:

AB591-ASA2,17,10 46.45 (6) The department may carry forward 10% of any funds not carried forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.

AB591-ASA2, s. 43 Section 43. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act 27, section 3132, is repealed and recreated to read:

AB591-ASA2,17,17 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB591-ASA2, s. 44 Section 44. 46.62 (2) of the statutes is amended to read:

AB591-ASA2,18,6 46.62 (2) From the appropriation under s. 20.435 (4) (dg) (dz), the department shall allocate funds to county departments for the provision of case management services to individuals who are required to attend school under s. 49.50 (7) (g) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this subsection to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this section to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under s. 49.50 (7) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.

AB591-ASA2, s. 45 Section 45. 46.979 (1) of the statutes is amended to read:

AB591-ASA2,18,10 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).

AB591-ASA2, s. 46 Section 46. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,18,15 46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (2m) (c), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

AB591-ASA2, s. 47 Section 47. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB591-ASA2, s. 48 Section 48. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,18,22 46.979 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute as follows the federal child care and development block grant funds that are received under 42 USC 9858 and that are not distributed under par. (a) or (b):

AB591-ASA2, s. 49 Section 49. 46.98 (1) (ar) of the statutes is created to read:

AB591-ASA2,18,25 46.98 (1) (ar) "Department" means the department of industry, labor and job development.

AB591-ASA2, s. 50 Section 50. 46.98 (1) (b) of the statutes is amended to read:

AB591-ASA2,19,4 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.

AB591-ASA2, s. 51 Section 51. 46.98 (1) (bd) and (bf) of the statutes are created to read:

AB591-ASA2,19,7 46.98 (1) (bd) "Level I day care provider" means a day care provider certified under s. 48.651 (1) (a).

AB591-ASA2,19,9 (bf) "Level II day care provider" means a day care provider certified under s. 48.651 (1) (b).

AB591-ASA2, s. 52 Section 52. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,19,20 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) for at-risk, low-income and respite child care services under subs. (2m) and sub. (4g) to private nonprofit child care providers that provide child care for the children of migrant workers and 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) 49.181 (1) (b) 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 county departments under s. 46.215, 46.22 or 46.23.

AB591-ASA2, s. 53 Section 53. 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,20,5 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.

AB591-ASA2, s. 54 Section 54. 46.98 (3) (c) of the statutes is amended to read:

AB591-ASA2,20,19 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 day care provider or a Level II 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.

AB591-ASA2, s. 55 Section 55. 46.98 (4) (a) 2. of the statutes is amended to read:

AB591-ASA2,20,24 46.98 (4) (a) 2. A parent who is gainfully employed, who is in need of child care services and whose family income is equal to or less than 75% 165% of the state median income. The department shall annually determine the state median income poverty line, as defined in s. 46.30 (1) (c).

AB591-ASA2, s. 56 Section 56. 46.98 (4) (b) of the statutes is amended to read:

AB591-ASA2,21,4 46.98 (4) (b) Parents receiving aid under sub. (3) whose family income is equal to or greater than 50% of the state median income are liable for a percentage of the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay and the cost of the child care.

AB591-ASA2, s. 57 Section 57. 46.98 (4) (d) of the statutes is amended to read:

AB591-ASA2,21,15 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.

AB591-ASA2, s. 58 Section 58. 46.98 (4) (dg) and (dm) of the statutes are created to read:

AB591-ASA2,21,19 46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level I 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).

AB591-ASA2,21,22 (dm) Each county shall set a maximum rate that it will pay for Level II 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).

AB591-ASA2, s. 59 Section 59. 46.98 (4g) (b) of the statutes is amended to read:

AB591-ASA2,22,10 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).

AB591-ASA2, s. 60 Section 60. 46.98 (6) of the statutes is created to read:

AB591-ASA2,22,13 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).

AB591-ASA2, s. 61 Section 61. 46.986 (1) (b) of the statutes is amended to read:

AB591-ASA2,22,17 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).

AB591-ASA2, s. 62 Section 62. 46.986 (1) (m) of the statutes is amended to read:

AB591-ASA2,22,21 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.

AB591-ASA2, s. 63 Section 63. 46.987 (1) (a) of the statutes is amended to read:

AB591-ASA2,22,25 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).

AB591-ASA2, s. 64 Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,23,9 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.

AB591-ASA2, s. 65 Section 65. 46.995 (2) (c) of the statutes is amended to read:

AB591-ASA2,23,13 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).

AB591-ASA2, s. 66 Section 66. 48.40 (1m) of the statutes is created to read:

AB591-ASA2,23,16 48.40 (1m) "Kinship care relative" means a person receiving payments under s. 48.57 (3m) (a) for providing care and maintenance for a child.

AB591-ASA2, s. 67 Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:

AB591-ASA2,23,19 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.

AB591-ASA2, s. 68 Section 68. 48.428 (2) of the statutes is amended to read:

AB591-ASA2,24,3 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).

AB591-ASA2, s. 69 Section 69. 48.428 (4) of the statutes is amended to read:

AB591-ASA2,24,14 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.

AB591-ASA2, s. 70 Section 70. 48.57 (3m) of the statutes is created to read:

AB591-ASA2,24,21 48.57 (3m) (a) Within the limits of the funding received from the appropriation under s. 20.445 (3) (dz), a county department shall make payments, as determined by the department under par. (e), to a nonlegally responsible relative, by consanguinity or by direct affinity, of a dependent child, as defined in s. 49.19 (1) (a), who is providing care and maintenance for the child if all of the following conditions are met:

AB591-ASA2,24,25 1. The relative applies to the county department for payments under this subsection and the county department determines that there is a need for the child to be placed with the relative and that the placement with the relative benefits the child.

AB591-ASA2,25,4 2. The county department determines that the child meets one or more of the criteria specified in s. 48.13 (1) to (13) or 938.13 (4) to (14) or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB591-ASA2,25,6 3. The county department determines, through an assessment, that the child will be safe in the relative's home.

AB591-ASA2,25,10 4. The county department conducts a background investigation under sub. (3p) of the relative and any other adult resident of the relative's home to determine if the relative or adult resident has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

AB591-ASA2,25,13 5. The relative cooperates with the county department in the application process, including applying for other forms of assistance for which the relative may be eligible.

AB591-ASA2,25,16 (b) 1. The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom a payment is made under par. (a).

AB591-ASA2,26,2 2. When any relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent 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 that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.

AB591-ASA2,26,5 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (a) to initiate or continue health care insurance coverage for the child.

AB591-ASA2,26,7 (cm) A relative who receives a payment under par. (a) is not eligible to receive a payment under s. 48.62 (4).

AB591-ASA2,26,12 (d) A county department shall review a placement of a child for which the county department makes payments under par. (a) not less than every 12 months after the county department begins making those payments to determine whether the conditions specified in par. (a) continue to exist. If those conditions do not continue to exist, the county department shall discontinue making those payments.

AB591-ASA2,26,13 (e) The department shall determine all of the following:

AB591-ASA2,26,16 1. The amount and effective date of any payment under par. (a). In determining the amount of a payment under par. (a), the department shall consider any income of the child, other than earned income as defined in 26 USC 32 (c) (2).

AB591-ASA2,26,18 2. Whether the child is eligible for medical assistance under ss. 49.43 to 49.47, if no other health care insurance coverage is available to the child.

AB591-ASA2, s. 71 Section 71. 48.57 (3p) of the statutes is created to read:

AB591-ASA2,26,24 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m).

AB591-ASA2,27,3 (b) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB591-ASA2,27,7 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA2,27,11 (c) 1. After receipt of an application for payments under sub. (3m), the county department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b), conduct a background investigation of each employe and prospective employe of the applicant and of each adult resident.

AB591-ASA2,27,16 2. The county department, with the assistance of the department of justice, may conduct a background investigation of any employe, prospective employe or adult resident of the home of any person who is receiving payments under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that the county department considers to be appropriate.

AB591-ASA2,27,21 3. Before a person that is receiving payments under sub. (3m) may employ any person or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or 2.

AB591-ASA2,28,6 (d) If the person being investigated under par. (b) or (c) is a nonresident, or at any time within the 5 years preceding the date of the application has been a nonresident, or if the county department determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB591-ASA2,28,8 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

AB591-ASA2,28,9 1. The person's name.

AB591-ASA2,28,10 2. The person's social security number.

AB591-ASA2,28,12 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.