46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and social services, the department of industry, labor and human relations or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and social services, the department of industry, labor and human relations or the department of corrections if the department of health and social services, the department of industry, labor and human relations or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.
SECTION 2103. 46.22 (1) (e) 2. of the statutes is amended to read:
46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and social services, the department of industry, labor and human relations or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.
SECTION 2104. 46.22 (1) (e) 3. of the statutes is amended to read:
46.22 (1) (e) 3. A county department of social services shall submit to the department of health and social services develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased. The contracts shall be developed under s. 46.036. The department of health and social services shall may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and social services shall reimburse each county for the approved contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 49.52.
SECTION 2105. 46.22 (1) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.22 (1) (e) 3. a. and amended to read:
46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and social services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and social services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 49.52 46.495.
****NOTE: This is reconciled s. 46.22 (1) (e) 3. a. This SECTION has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.
SECTION 2106. 46.22 (1) (e) 3. b. of the statutes is created to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under subch. III of ch. 49 to be purchased. The department of industry, labor and human relations may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and human relations to submit the contracts to the committee for review and approval. The department of industry, labor and human relations may not make any payments to a county for programs included in the contract that is under review by the committee.
****NOTE: This is reconciled s. 46.22 (1) (e) 3. b. This SECTION has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.
SECTION 2106m. 46.22 (1) (e) 3. c. of the statutes is created to read:
46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (oo) as appropriate.
SECTION 2107. 46.22 (2) (b) of the statutes is amended to read:
46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.
SECTION 2108. 46.22 (2g) (d) of the statutes is amended to read:
46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., 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 or s. 301.08 (2), 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 (1) for authorized juvenile delinquency-related services.
SECTION 2109. 46.22 (3m) (a) of the statutes is amended to read:
46.22 (3m) (a) In any county with a county executive or a county administrator which has established a single-county department of social services, the county executive or county administrator, subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) or ch. 63.
SECTION 2110. 46.22 (3m) (b) 12. of the statutes is amended to read:
46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and social services, by the department of industry, labor and human relations or by the department of corrections.
SECTION 2111. 46.22 (3m) (b) 17. b. of the statutes is amended to read:
46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and social services, the secretary of industry, labor and human relations, the secretary of corrections and the county board of supervisors.
SECTION 2112. 46.23 (2) (a) of the statutes is amended to read:
46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, general relief funded by a block grant under ch. 49, income maintenance, probation and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.
SECTION 2113. 46.23 (3) (a) of the statutes is amended to read:
46.23 (3) (a) Creation. Upon approval by the secretary of health and social services, by the secretary of corrections and by the secretary of industry, labor and human relations of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.
SECTION 2114. 46.23 (3) (am) 4. of the statutes is amended to read:
46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health and social services, by the secretary of corrections and by the secretary of industry, labor and human relations, setting forth the plan for joint sponsorship.
SECTION 2115. 46.23 (3) (c) of the statutes is repealed.
SECTION 2116. 46.23 (3) (e) of the statutes is amended to read:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
SECTION 2128b. 46.25 (title) and (1) to (7) of the statutes are renumbered 49.143 (title) and (1) to (7), and 49.143 (1) and (7), as renumbered, are amended to read:
49.143 (1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under ch. 49 this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under ch. 49 this chapter.
(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 disbursing funds appropriated under s. 20.435 (4) 20.445 (3) (p) to carry out a contract under this subsection.
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.
SECTION 2129m. 46.25 (7m) to (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), are renumbered 49.143 (7m) to (11), and 49.143 (8), as renumbered, is amended to read:
49.143 (8) The department may charge other states and counties seeking collection of child and spousal support for any administrative costs it incurs in providing services related to interstate child support collections, the federal parent locator service under 42 USC 653, the interception of unemployment compensation under 42 USC 654 or the withholding of state and federal income tax refunds under s. 46.255 49.855 and 42 USC 664.
SECTION 2130m. 46.25 (12) of the statutes is repealed.
SECTION 2134. 46.25 (14) of the statutes is repealed.
SECTION 2135. 46.253 (title) of the statutes is renumbered 49.36 (title).
SECTION 2136. 46.253 (1) of the statutes is renumbered 49.36 (1).
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).
SECTION 2138. 46.253 (3) of the statutes is renumbered 49.36 (3).
SECTION 2139. 46.253 (4) of the statutes is renumbered 49.36 (4).
SECTION 2140. 46.253 (5) of the statutes is renumbered 49.36 (5).
SECTION 2141. 46.253 (6) of the statutes is renumbered 49.36 (6).
SECTION 2142. 46.253 (7) of the statutes is renumbered 49.36 (7).
SECTION 2143. 46.254 (title) of the statutes is renumbered 49.85 (title).
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.
****NOTE: This is reconciled 46.254 (1). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
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.
****NOTE: This is reconciled 46.254 (1). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
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.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
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.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
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:
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.
****NOTE: This is reconciled 46.254 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
