AB150-engrossed,951,10
149.19
(10) (d) Aid may also be paid under this section to a foster home or
2treatment foster home, to a group home licensed under s. 48.625 or to a child-caring
3institution by the state when the child is in the custody or guardianship of the state,
4when the child is a ward of an American Indian tribal court in this state and the
5placement is made under an agreement between the department and the tribal
6governing body or when the child was part of the state's direct service case load and
7was removed from the home of a relative specified in sub. (1) (a) as a result of a
8judicial determination that continuance in the home of a relative would be contrary
9to the child's welfare for any reason and the child is placed by the department
of
10health and social services or the department of corrections.
AB150-engrossed,951,1713
49.19
(11) (a) 1. a. (intro.) Except as provided in
subs. (11m) and (11s), monthly
14payments made under s.
20.435 (4) 20.445 (3) (d) and (p) to persons or to families with
15dependent children shall be based on family size and shall be at 80% of the total of
16the allowances under subds. 2. and 4. plus the following standards of assistance
17beginning on September 1, 1987:
AB150-engrossed,952,519
49.19
(11) (b) (intro.) The department shall implement a program of emergency
20assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
21energy crisis. Eligibility shall not exceed the limitations for federal participation
22defined by federal regulations, including
45 CFR 233.120. The
department shall
23establish the maximum amount of aid
to be granted, except for cases of energy crisis,
24shall not exceed $150 per family member
based on the funding available under s.
2520.435 (4) (dc) and (p). The department need not establish the maximum amount by
1rule under ch. 227. The department shall publish the maximum amount and annual
2changes to it in the Wisconsin administrative register. Emergency assistance
3provided to needy persons under this paragraph in cases of homelessness may be
4used only to obtain a permanent living accommodation. For the purposes of this
5paragraph, a family is considered to be homeless if any of the following applies:
AB150-engrossed, s. 2865n
6Section 2865n. 49.19 (11) (b) (intro.) of the statutes, as affected by 1995
7Wisconsin Act .... (this act), is amended to read:
AB150-engrossed,952,198
49.19
(11) (b) (intro.) The department shall implement a program of emergency
9assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
10energy crisis. Eligibility shall not exceed the limitations for federal participation
11defined by federal regulations, including
45 CFR 233.120. The department shall
12establish the maximum amount of aid to be granted, except for cases of energy crisis,
13per family member based on the funding available under s.
20.435 (4) 20.445 (3) (dc)
14and (p). The department need not establish the maximum amount by rule under ch.
15227. The department shall publish the maximum amount and annual changes to it
16in the Wisconsin administrative register. Emergency assistance provided to needy
17persons under this paragraph in cases of homelessness may be used only to obtain
18a permanent living accommodation. For the purposes of this paragraph, a family is
19considered to be homeless if any of the following applies:
AB150-engrossed,953,1621
49.19
(11m) (a) The department shall apply to the secretary of the federal
22department of health and human services for approval of a demonstration project
23under which the department provides a person eligible for aid under this section who
24is described in par. (am) with monthly payments, for the first 6 months that he or she
25lives in this state, calculated on the basis of the aid to families with dependent
1children benefit level in the state in which the family most recently resided
for one
2month or longer. The department shall promulgate a rule
, which it shall update
3annually, establishing the
methods and identifying the factors that the department
4will use to determine the aid to families with dependent children benefit that will be
5paid under the demonstration project according to family size and state of former
6residence.
The rule shall also establish the initial benefit table to be used in
7determining benefits under the demonstration project. The department shall
8publish annual changes to this benefit table in the Wisconsin administrative
9register. The department shall base the benefit for a family on the aid to families
10with dependent children benefit available to a typical family of the same size in the
11other state, taking into account all factors that may affect the amount of the benefit.
12The rule shall specify the factors that the department uses to establish the benefit
13for participants in the demonstration project. If a family moves from a state that
14allows a family to keep a different amount of income without reducing benefits than
15a family would be allowed to keep in this state, the department shall allow the family
16to keep a similar amount of income without reducing benefits.
AB150-engrossed,953,2018
49.19
(11m) (am) (intro.) Under the demonstration project, a person is subject
19to receiving the payments under par. (a) if he or she has not previously resided in this
20state for at least 6
consecutive months and either:
AB150-engrossed,953,2522
49.19
(16) The department shall provide written notice of the penalties under
23s.
49.123 (2) 49.29 to each applicant for aid under this section at the time of
24application and to each person who receives aid under this section on June 18, 1992,
25at the time of the next redetermination of the person's eligibility.
AB150-engrossed,954,92
49.19
(17) The department may recover an overpayment of aid under this
3section from an overpaid family who continues to receive aid by reducing the amount
4of the family's monthly aid payment by no more than 10% of the maximum monthly
5payment allowance under sub. (11) for a family of that size
, in the case of
6overpayments of aid resulting from an intentional violation of ss. 49.19 to 49.41 or
7the rules promulgated under those sections by a member of the family receiving the
8overpayment, and by no more than 7% of the maximum monthly payment allowance
9under sub. (11) for a family of that size, in all other cases.
AB150-engrossed,954,12
1149.191 (title)
Aid to families with dependent children child care
12funding.
AB150-engrossed,954,1714
49.193
(2) (b) 2. A custodial parent under the age of 24 who has not graduated
15from a public or private high school or obtained a declaration of equivalency of high
16school graduation under s. 115.29 (4) and who, at the time of application for aid under
17s. 49.19, is not enrolled in school, as defined in s.
49.50 (7) (a) 49.26 (1) (a) 2.
AB150-engrossed,954,2019
49.193
(4) (k) 1m. Alcohol and other drug abuse prevention and treatment
20programs.
AB150-engrossed,954,2422
49.193
(4m) Alcohol and other drug abuse prevention and treatment waiver. 23(a) The department shall request a waiver from the federal department of health and
24human services to permit the department to do all of the following:
AB150-engrossed,955,2
11. Require participation in an alcohol and other drug abuse prevention or
2treatment program as part of the jobs opportunities and basic skills program.
AB150-engrossed,955,53
2. Sanction, in accordance with rules promulgated under this subdivision, a
4person who fails, without good cause, to participate in an alcohol and other drug
5abuse prevention or treatment program as assigned.
AB150-engrossed,955,76
(b) If the waiver under par. (a) is granted, the department may implement the
7provisions of the waiver.
AB150-engrossed,955,129
49.193
(5) (a) The department shall establish a work supplementation
10component in an area in which a development zone
, development opportunity zone
11or enterprise development zone is designated under subch. VI of ch. 560, upon the
12request of the local governing body, as defined in s. 560.70 (4), of the area.
AB150-engrossed,955,1714
49.193
(5) (b) (intro.) Upon notification from the department of development
15under s. 560.75 (11)
, 560.795 (3) (e) or 560.797 (4) (e) that a development zone
,
16development opportunity zone or enterprise development zone has been designated,
17the department shall do all of the following:
AB150-engrossed,955,2219
49.193
(5) (b) 1. Provide the department of development with information
20about whether a work supplementation component is established in the area where
21the development zone
, development opportunity zone or enterprise development
22zone is located.
AB150-engrossed,956,224
49.193
(5) (b) 2. If a work supplementation component has been established in
25an area where the development zone
, development opportunity zone or enterprise
1development zone is located, provide information about how the work
2supplementation component is administered.
AB150-engrossed,956,74
49.193
(5) (b) 3. With the department of development and the local governing
5body
administering the development zone of the area, help employers in the
6development zone
, development opportunity zone or enterprise development zone to
7participate in the work supplementation component.
AB150-engrossed,956,159
49.193
(8) (bm) Beginning on January 1, 1994, a county department under s.
1046.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
11this subsection or under s.
49.50 (6e) (a) 49.191 (1) (a) may, with the approval of the
12department, use those funds to pay or reimburse child care costs under s.
49.50 (6e)
13(b), (6g) or (7) (e) 49.191 (1) (b) or (2) or 49.26 (1) (e). The department shall approve
14or disapprove of this use of funds under criteria established to maximize state and
15federal funding available for child care.
AB150-engrossed,956,1917
49.193
(8) (c) The department may only pay child care costs under this
18subsection if the child care is provided by a child care provider
, as defined in s. 49.50
19(1).
AB150-engrossed,957,221
49.193
(9) Notice concerning sanctions. Following conciliation and before
22imposing a sanction on a person receiving aid under s. 49.19 who fails without good
23cause to participate in the program under this section or to accept employment or
24who terminates employment or reduces earnings without good cause, the county
25department under s. 46.215, 46.22 or 46.23 shall notify the person in writing of the
1reason for the proposed sanction. The notice shall inform the person of the right to
2appeal under s.
49.50 (8) 49.21 (1).
AB150-engrossed,957,134
49.193
(10m) Work-first program. The department shall select Kenosha
5county and additional counties in which to pilot the work-first program under this
6subsection. The work-first program shall be conducted as part of the job
7opportunities and basic skills program under this section and shall be funded from
8s.
20.435 (4) (df) 20.445 (3) (df). The work-first program shall seek to increase the
9amount of job opportunities and basic skills program services provided to recipients
10of aid to families with dependent children and to minimize the time between the date
11on which a person in a pilot county first applies for aid to families with dependent
12children under s. 49.19 and the date on which the person begins to participate in the
13job opportunities and basic skills program under this section.
AB150-engrossed,957,1715
49.195
(3) Notwithstanding s.
49.41
49.96, the department shall promptly
16recover all overpayments made under s. 49.19 and shall promulgate rules
17establishing policies and procedures to administer this subsection.
AB150-engrossed,958,519
49.197
(1m) Fraud investigation. From the appropriations under s.
20.435 (4)
20(de), (L), (n) and (nL) 20.445 (3) (de), (L), (n) and (nL), the department shall establish
21a program to investigate suspected fraudulent activity on the part of recipients of
22medical assistance under
ss. 49.46 to 49.47 subch. IV, aid to families with dependent
23children under s. 49.19 and the food stamp program under
7 USC 2011 to
2029. The
24department's activities under this subsection may include, but are not limited to,
25comparisons of information provided to the department by an applicant and
1information provided by the applicant to other federal, state and local agencies,
2development of an advisory welfare investigation prosecution standard and
3provision of funds to county departments under s. 46.215, 46.22 and 46.23 to
4encourage activities to detect fraud. The department shall cooperate with district
5attorneys regarding fraud prosecutions.
AB150-engrossed,958,117
49.197
(3) State error reduction activities. The department shall conduct
8activities to reduce payment errors in medical assistance under
ss. 49.43 to 49.47 9subch. IV, aid to families with dependent children under s. 49.19 and the food stamp
10program under
7 USC 2011 to
2029. The department shall fund the activities under
11this section from the appropriation under s.
20.435 (4) (L) 20.445 (3) (L).
AB150-engrossed,958,2013
49.197
(4) County and tribal error reduction. The department shall provide
14funds from the appropriations under s.
20.435 (4) (de), (L) and (Lm) 20.445 (3) (de),
15(L) and (Lm) and federal matching funds from the appropriations under s.
20.435 (4)
16(n) and (nL) 20.445 (3) (n) and (nL) to counties and governing bodies of federally
17recognized American Indian tribes administering medical assistance under
ss. 49.43
18to 49.47 subch. IV, aid to families with dependent children under s. 49.19 or the food
19stamp program under
7 USC 2011 to
2029 to offset administrative costs of reducing
20payment errors in those programs.
AB150-engrossed,959,222
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
23under s.
20.435 (4) (d) 20.445 (3) (d) and shall be in an amount equal to that to which
24the person would be entitled under s. 49.19 if he or she were 17 years of age, except
25that if the person's family became ineligible for aid under s. 49.19 on the person's 18th
1birthday, the amount paid shall equal the amount of aid granted to a single person
2under s. 49.19.
AB150-engrossed,959,4
449.21 (title)
Aid to families with dependent children hearings.
AB150-engrossed,959,86
49.25
(8) (a) From the appropriation under s. 20.435 (4)
(ci) (c), the department
7shall provide funds to pilot counties for assistance in establishing paternity and
8obtaining child support.
AB150-engrossed, s. 2896b
9Section 2896b. 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act
10.... (this act), is amended to read:
AB150-engrossed,959,1311
49.25
(8) (a) From the appropriation under s.
20.435 20.566 (4) (c), the
12department
of revenue shall provide funds to pilot counties for assistance in
13establishing paternity and obtaining child support.
AB150-engrossed,959,1715
49.25
(8) (b) From the appropriation under s. 20.435 (4)
(ci) (c), the department
16shall provide funds to Milwaukee county to fund an additional family court
17commissioner.
AB150-engrossed, s. 2898b
18Section 2898b. 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is amended to read:
AB150-engrossed,959,2220
49.25
(8) (b) From the appropriation under s.
20.435 20.566 (4) (c), the
21department
of revenue shall provide funds to Milwaukee county to fund an
22additional family court commissioner.
AB150-engrossed,959,2524
49.26
(1) (a) 1. "Habitual truant" means a pupil who is absent from school
25without an acceptable excuse under ss. 118.15 and 118.16 for any of the following:
AB150-engrossed,960,2
1a. Part or all of 5 or more days out of 10 consecutive days on which school is held
2during a school semester.
AB150-engrossed,960,33
b. Part or all of 10 or more days on which school is held during a school semester.
AB150-engrossed,960,75
49.26
(1) (ge) An individual who is subject to this paragraph fails to meet the
6school attendance requirement if the individual meets at least one of the following
7conditions:
AB150-engrossed,960,88
1. The individual is either not enrolled in school or is a habitual truant.
AB150-engrossed,960,109
2. During the immediately preceding semester, the individual was either not
10enrolled in school or was a habitual truant.
AB150-engrossed,960,1212
49.26
(1) (gm) 1. Monitor on a monthly basis the individual's school attendance.
AB150-engrossed,960,1614
49.26
(1) (h) 1. am. The individual is not enrolled in school or has more than
152 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar
16month.
AB150-engrossed,960,2017
as. The individual has failed to request a hearing under s. 49.21 (1) or has failed
18to show good cause for the absences or nonenrollment under subd. 1. am. in a hearing
19under s. 49.21 (1). The department shall determine by rule the criteria for good
20cause.
AB150-engrossed,960,2322
49.26
(1) (h) 1m. a. The county department under s. 46.215, 46.22 or 46.23
23complies with par. (gm) 1.
AB150-engrossed,960,2524
b. The individual is not enrolled in school or has more than 2 absences without
25an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.
AB150-engrossed,961,4
1c. The individual has failed to request a hearing under s. 49.21 (1) or has failed
2to show good cause for the absences or nonenrollment under subd. 1m. b. at a hearing
3under s. 49.21 (1). The department shall determine by rule the criteria for good
4cause.
AB150-engrossed,961,216
49.27
(2) Waiver; applicability. The department shall request a waiver from
7the secretaries of the federal department of health and human services and the
8federal department of agriculture to conduct a work-not-welfare pilot program as
9part of the aid to families with dependent children program under s. 49.19, the food
10stamp program under
7 USC 2011 to
2029 and the medical assistance program under
11ss. 49.45 to 49.47 subch. IV. If the department receives the federal waivers and if
12sufficient funds are available, the department shall pilot the program, beginning on
13January 1, 1995, in one or more pilot counties selected by the department. If a pilot
14county is a county in which a demonstration project under s. 49.19 (11m) is being
15conducted or a county selected for participation in the parental responsibility pilot
16program under s. 49.25, the department shall promulgate rules regarding the
17relationship between the work-not-welfare pilot program and the other
18demonstration or pilot programs operating in the pilot counties. These rules shall
19provide that a person may not be required to participate in more than one of these
20demonstration or pilot programs at a time. Subsections (3) to (11) apply only while
21the waiver is in effect and the department is conducting the program.
AB150-engrossed,962,223
49.27
(4) (a) 2. The portion of the benefit amount calculated under par. (c) 1.
24for the work-not-welfare group equals $0
, for a reason other than a sanction
under
25sub. (5) (f),
an adult caretaker in the work-not-welfare group has earned income and
1the work-not-welfare group elects to apply for food coupons under
42 USC 2011 to
22029 in lieu of a cash benefit determined under this subsection.
AB150-engrossed,962,94
49.27
(4) (c) 1. e. The portion of the benefit amount calculated under this
5subdivision is based on the average income of the work-not-welfare group,
6estimated prospectively for a 6-month period, except that for the first 2 months for
7which benefits calculated under this paragraph are paid the portion of the benefit
8amount calculated under this subdivision is based on the estimated
average income
9for those first 2 months.