AB150-engrossed,766,56
73.255
(4m) (b) The department may provide a certification that it receives
7under sub.
(1) or (2)
or (2m) or a certification of a delinquency or outstanding amount
8that it receives from another state because the obligor resides in this state to the
9department of administration. Upon receipt of the certification, the department of
10administration shall determine whether the obligor is a vendor or is receiving any
11other payments from this state, except for wages, retirement benefits or assistance
12under s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108. If the
13department of administration determines that the obligor is a vendor or is receiving
14payments from this state, except for wages, retirement benefits or assistance under
15s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108, it shall begin to
16withhold the amount certified from those payments and shall notify the obligor that
17the state intends to reduce any payments due the obligor by the amount the obligor
18is delinquent under the support or maintenance order, by the outstanding amount
19for past support, medical expenses or birth expenses under the court order or by the
20amount due under s. 46.10 (4). The notice shall provide that within 20 days after
21receipt of the notice the obligor may request a hearing before the circuit court
22rendering the order. An obligor may, within 20 days after receiving notice, request
23a hearing under this paragraph. Within 10 days after receiving a request for hearing
24under this paragraph, the court shall set the matter for hearing. The family court
25commissioner may conduct the hearing. Pending further order by the court or family
1court commissioner, the clerk of circuit court may not disburse the payments
2withheld from the obligor. The sole issues at the hearing are whether the obligor
3owes the amount certified and, if not and it is a support or maintenance order,
4whether the money withheld shall be paid to the obligor or held for future support
5or maintenance.
AB150-engrossed, s. 2157k
6Section 2157k. 46.255 (4m) (c) of the statutes is renumbered 73.255 (4m) (c)
7and amended to read:
AB150-engrossed,766,138
73.255
(4m) (c) Except as provided by order of the court after hearing under
9par. (b), the department of administration shall continue withholding until the
10amount certified is recovered in full. The department of administration shall
11transfer the amounts withheld under this paragraph to the department of health and
12social services
, or to the department of revenue for distribution to the appropriate
13clerk of court
, whichever is appropriate.
AB150-engrossed,766,2318
73.255
(5) Certification of an obligation to the department
of health and social
19services does not deprive any party of the right to collect the obligation or to prosecute
20the obligor. The clerk of court shall immediately notify the department of any
21collection of an obligation that has been certified. The department shall correct the
22certified obligation according to the amount the county has collected
and report the
23correction to the department of revenue.
AB150-engrossed,767,143
46.258
(1) From the appropriation under s. 20.435 (4)
(ga) (c), the department
4shall award grants to counties for programs to revise child support orders. Each
5county receiving a grant shall review child support orders awarded to persons whose
6children receive benefits under s. 49.19 and to persons whose children do not receive
7benefits under s. 49.19 and shall initiate actions to revise the orders based on that
8review. Each county receiving a grant shall review child support orders awarded to
9persons whose children receive benefits under s. 49.19 and child support orders
10awarded to persons whose children do not receive benefits under s. 49.19 in
11proportion to the number of those 2 categories of orders in the county's child support
12case load. Before a county may initiate an action to revise a child support order under
13this subsection for a person whose children do not receive benefits under s. 49.19, the
14custodial parent of the children must voluntarily consent to the revision.
AB150-engrossed, s. 2158b
15Section 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is renumbered 73.258 (1) and amended to read:
AB150-engrossed,768,317
73.258
(1) From the appropriation under s.
20.435 20.566 (4) (c), the
18department shall award grants to counties for programs to revise child support
19orders. Each county receiving a grant shall review child support orders awarded to
20persons whose children receive benefits under s. 49.19 and to persons whose children
21do not receive benefits under s. 49.19 and shall initiate actions to revise the orders
22based on that review. Each county receiving a grant shall review child support orders
23awarded to persons whose children receive benefits under s. 49.19 and child support
24orders awarded to persons whose children do not receive benefits under s. 49.19 in
25proportion to the number of those 2 categories of orders in the county's child support
1case load. Before a county may initiate an action to revise a child support order under
2this subsection for a person whose children do not receive benefits under s. 49.19, the
3custodial parent of the children must voluntarily consent to the revision.
AB150-engrossed,768,95
46.258
(2) (a) (intro.) From the appropriation under s. 20.435 (4)
(g) (c), the
6department shall provide state incentive payments, in a total amount of not less than
7$259,000 in each fiscal year, to counties that meet the child support collection and
8child support administrative efficiency criteria, according to a distribution formula
9determined by the department that does all of the following:
AB150-engrossed, s. 2160b
10Section 2160b. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995
11Wisconsin Act .... (this act), is renumbered 73.258 (2) (a) (intro.) and amended to read:
AB150-engrossed,768,1612
73.258
(2) (a) (intro.) From the appropriation under s.
20.435 20.566 (4) (c), the
13department shall provide state incentive payments, in a total amount of not less than
14$259,000 in each fiscal year, to counties that meet the child support collection and
15child support administrative efficiency criteria, according to a distribution formula
16determined by the department that does all of the following:
AB150-engrossed, s. 2160f
17Section 2160f. 46.258 (2) (a) 1. to 3. of the statutes are renumbered 73.258 (2)
18(a) 1. to 3., and 73.258 (2) (a) 3., as renumbered, is amended to read:
AB150-engrossed,768,2219
73.258
(2) (a) 3. Provides for state incentive payments to a county in an amount
20such that the total of state and federal incentive payments to the county is not more
21than 5% more than the costs of the county's child support program under s.
46.25 2273.25.
AB150-engrossed, s. 2160h
23Section 2160h. 46.258 (2) (b) of the statutes is renumbered 73.258 (2) (b) and
24amended to read:
AB150-engrossed,769,3
173.258
(2) (b) A county that receives a state incentive payment under par. (a)
2may use the funds only to pay the costs of its child support program under s.
46.25 373.25.
AB150-engrossed,769,1914
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
15allocated under par. (c), the department of health and social services shall allocate
16funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
17use of applicable services of the department of health and social services under ss.
1848.34 and 48.366 or the department of corrections under
ss. s. 48.366
and 48.537 19during previous calendar years.
AB150-engrossed,770,6
146.26
(3) (dm) The department of health and social services may carry forward
2for a county from one calendar year to another funds allocated under this subsection
3that are not spent or encumbered. The amount that the department may carry
4forward for a county under this paragraph may not exceed
3% 5% of the amount
5allocated to the county for the 12-month period ending December 31. The funds
6carried forward under this paragraph do not affect a county's base allocation.
AB150-engrossed, s. 2168m
7Section 2168m. 46.26 (3) (dm) of the statutes, as affected by 1995 Wisconsin
8Act .... (this act), is repealed.
AB150-engrossed,770,1711
46.26
(3) (em) The department of health and social services may carry forward
12any emergency funds allocated under sub. (7) (e) and not encumbered or carried
13forward under par. (dm) by December 31 to the next 2 calendar years. The
14department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this
15purpose. The department may allocate these transferred moneys to counties that are
16eligible for emergency payments under sub. (7) (e). The allocation does not affect a
17county's base allocation.
AB150-engrossed, s. 2169m
18Section 2169m. 46.26 (3) (em) of the statutes, as created by 1995 Wisconsin
19Act .... (this act), is repealed.
AB150-engrossed,771,1024
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
25and social services shall bill counties or deduct from the allocations under s. 20.435
1(3) (cd) for the costs of care, services and supplies purchased or provided by the
2department of health and social services for each person receiving services under ss.
348.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
4services under s. 48.366. The department of health and social services may not bill
5a county for or deduct from a county's allocation the cost of care, services and supplies
6provided to a person subject to an order under s. 48.366 after the person reaches 19
7years of age
or provided to a person subject to an order under s. 48.34 (4g). Payment
8shall be due within 60 days of the billing date. If any payment has not been received
9within 60 days, the department of health and social services may withhold aid
10payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
AB150-engrossed,771,2514
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
15and social services shall bill counties or deduct from the allocations under s. 20.435
16(3) (cd) for the costs of care, services and supplies purchased or provided by the
17department of health and social services for each person receiving services under ss.
1848.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
19services under s. 48.366. The department of health and social services may not bill
20a county for or deduct from a county's allocation the cost of care, services and supplies
21provided to a person subject to an order under s. 48.366 after the person reaches 18
22years of age. Payment shall be due within 60 days of the billing date. If any payment
23has not been received within 60 days, the department of health and social services
24may withhold aid payments in the amount due from the appropriation under s.
2520.435 (3) (cd) or (7) (b).
AB150-engrossed,772,195
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
6the basis of a per person per day cost estimate adjusted at least annually by the
7department. Except as provided in pars. (bm), (c)
,
and (cm)
and (dr), liability shall
8apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
9exercising jurisdiction under ch. 48 for each person receiving services from the
10department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the
11department of corrections under s. 48.366. Except as provided in pars. (bm), (c)
, and 12(cm)
and (dr), in multicounty court jurisdictions, the county of residency within the
13jurisdiction shall be liable for costs under this subsection. Assessment of costs under
14par. (a) shall also be made according to the general placement type or level of care
15provided, as defined by the department, and prorated according to the ratio of the
16amount designated under sub. (3) (c) and (d) to the total applicable estimated costs
17of care, services and supplies provided by the department of health and social
18services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under
19ss. 48.34 (4g) and s. 48.366.
AB150-engrossed,773,6
146.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par. (dr), 2the department of health and social services shall pay, from the appropriation under
3s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
4receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
5guardianship of the department pursuant to an order under ch. 48 at the time that
6the person was adjudicated delinquent.
AB150-engrossed,773,1711
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par.
12(dr), the department shall transfer funds from the appropriation under s. 20.435 (3)
13(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
14juvenile correctional institutions for costs incurred beginning on January 1, 1995, for
15the care of any child who is placed in a juvenile correctional facility based on a
16delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or
17943.32 (2).
AB150-engrossed,774,9
146.26
(4) (d) 2. Beginning July 1,
1993 1995, and ending December 31,
1993 21995, the per person daily cost assessment to counties shall be
$101.55 $120.73 for
3care in a juvenile correctional institution,
$101.55
$120.73 for care for children
4transferred from a juvenile correctional institution under s. 51.35 (3), the dollar
5amount set by the department of corrections by rule for maintaining a prisoner in an
6adult correctional institution,
$131.65 $147.91 for care in a child caring institution,
7$92.03 $102.53 for care in a group home for children,
$21.02 $22.84 for care in a foster
8home,
$58.37 $65.94 for care in a treatment foster home
, $86.51 for departmental
9corrective sanctions services and
$11.57 $12.20 for departmental aftercare services.
AB150-engrossed, s. 2180p
10Section 2180p. 46.26 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed.
AB150-engrossed,774,2213
46.26
(4) (d) 3.
In calendar year 1994
Beginning January 1, 1996, and ending
14June 30, 1996, the per person daily cost assessment to counties shall be
$111.73 15$120.73 for care in a juvenile correctional institution,
$111.73 $120.73 for care for
16children transferred from a juvenile correctional institution under s. 51.35 (3), the
17dollar amount set by the department of corrections by rule for maintaining a prisoner
18in an adult correctional institution,
$141.05 $153.87 for care in a child caring
19institution,
$98.47 $106.69 for care in a group home for children,
$22.49 $23.80 for
20care in a foster home,
$62.46 $68.58 for care in a treatment foster home,
$66.75 21$86.51 for departmental corrective sanctions services and
$12.96 $12.20 for
22departmental aftercare services.
AB150-engrossed, s. 2181p
23Section 2181p. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin
24Act .... (this act), is repealed.
AB150-engrossed,775,117
46.26
(4) (g) For juvenile field and institutional aftercare services under ch. 48
8and for the juvenile offender review program
in the division of youth services in the
9department of health and social services, all payments and deductions made under
10this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in
11the general fund and shall be treated as a nonappropriated receipt.
AB150-engrossed, s. 2190m
12Section 2190m. 46.26 (4) (g) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed.
AB150-engrossed,775,2016
46.26
(7) Allocations of funds. (intro.) Within the limits of the availability
17of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the
18department shall allocate funds for community youth and family aids for the period
19beginning July 1,
1993 1995, and ending June 30,
1995 1996, as provided in this
20subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
AB150-engrossed, s. 2192g
21Section 2192g. 46.26 (7) (intro.) of the statutes, as affected by 1995 Wisconsin
22Act .... (this act), is repealed.
AB150-engrossed,776,3
146.26
(7) (a) For community youth and family aids under this section, amounts
2not to exceed
$36,190,500 $36,569,500 for the last 6 months of
1993, $72,381,000 for
31994 1995 and
$36,190,500 $36,569,500 for the first 6 months of
1995 1996.
AB150-engrossed, s. 2192p
4Section 2192p. 46.26 (7) (a) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), is repealed.
AB150-engrossed,776,97
46.26
(7) (b) 1. For an adjustment to compensate selected counties, amounts
8not to exceed $4,991,100 for the last 6 months of
1993, $5,991,300 for 1994 1995 and
9$1,000,200 for the first 6 months of
1995 1996.
AB150-engrossed, s. 2193m
10Section 2193m. 46.26 (7) (b) 1. of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed.