AB591: Bill Text

AB591, s. 20 Section 20. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (3) (dz) and amended to read:

AB591,19,2 20.445 (3) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g) 49.191 (2); for child care and related transportation costs under s. 49.50 (7) (e) ss. 49.155, 49.157 and 49.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3), 49.191 (1) and 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits under s. 49.52 49.33; for payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for payments to Wisconsin works agencies for the Wisconsin works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin works health coverage eligibility determination under s. 49.153 (3); for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, or for the cost of kinship care under s. 48.57 (3m); for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s. 46.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253 49.36; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties and Wisconsin works agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591, s. 21 Section 21. 20.445 (3) (jm) of the statutes is created to read:

AB591,19,6 20.445 (3) (jm) Wisconsin works fees. All moneys received from fees and other payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works program.

AB591, s. 22 Section 22. 46.032 of the statutes is amended to read:

AB591,19,17 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591, s. 23 Section 23. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27, section 2042, and .... (this act), is repealed and recreated to read:

AB591,20,4 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591, s. 24 Section 24. 46.215 (1) (k) of the statutes is amended to read:

AB591,20,10 46.215 (1) (k) To certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, if the county accepts a contract to do so, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

AB591, s. 25 Section 25. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591,20,15 46.22 (1) (b) 2. a. To administer aid to families with dependent children under s. 49.19. This subdivision paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB591, s. 26 Section 26. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591,20,20 46.22 (1) (b) 2. d. To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029, if the county accepts a contract to do so.

AB591, s. 27 Section 27. 46.25 (6) of the statutes is amended to read:

AB591,21,3 46.25 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 49.19 or 49.47 or benefits under s. 49.148. The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB591, s. 28 Section 28. 46.253 (2) of the statutes is amended to read:

AB591,21,11 46.253 (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) (dz).

AB591, s. 29 Section 29. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2158b, is amended to read:

AB591,22,3 46.258 (1) From the appropriation under s. 20.435 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

AB591, s. 30 Section 30. 46.258 (2) (a) 1. of the statutes is amended to read:

AB591,22,8 46.258 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 as well as for persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19.

AB591, s. 31 Section 31. 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,22,17 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, s. 32 Section 32. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB591, s. 33 Section 33. 46.45 (intro.) of the statutes is amended to read:

AB591,23,3 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, s. 34 Section 34. 46.45 (1) of the statutes is repealed.

AB591, s. 35 Section 35. 46.45 (6) of the statutes is amended to read:

AB591,23,9 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, s. 36 Section 36. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act 27, section 3132, is repealed and recreated to read:

AB591,23,16 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, s. 37 Section 37. 46.62 (2) of the statutes is amended to read:

AB591,24,5 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, s. 38 Section 38. 46.979 (1) of the statutes is amended to read:

AB591,24,9 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, s. 39 Section 39. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,24,14 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, s. 40 Section 40. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB591, s. 41 Section 41. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,24,21 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, s. 42 Section 42. 46.98 (1) (ar) of the statutes is created to read:

AB591,24,24 46.98 (1) (ar) "Department" means the department of industry, labor and job development.

AB591, s. 43 Section 43. 46.98 (1) (b) of the statutes is amended to read:

AB591,25,3 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, s. 44 Section 44. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,25,16 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 county departments under s. 46.215, 46.22 or 46.23. The department shall also distribute the funds allocated under s. 49.181 (1) (b) for at-risk and low-income child care services under subs. (2m) and (3) to private nonprofit child care providers who provide child care for the children of migrant workers.

AB591, s. 45 Section 45. 46.98 (4) (a) 2. of the statutes is amended to read:

AB591,25,21 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, s. 46 Section 46. 46.98 (4) (b) of the statutes is amended to read:

AB591,26,2 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 portion of the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.

AB591, s. 47 Section 47. 46.98 (6) of the statutes is created to read:

AB591,26,5 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, s. 48 Section 48. 46.986 (1) (b) of the statutes is amended to read:

AB591,26,9 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, s. 49 Section 49. 46.986 (1) (m) of the statutes is amended to read:

AB591,26,13 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, s. 50 Section 50. 46.987 (1) (a) of the statutes is amended to read:

AB591,26,17 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, s. 51 Section 51. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,27,2 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, s. 52 Section 52. 46.995 (2) (c) of the statutes is amended to read:

AB591,27,6 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, s. 53 Section 53. 48.40 (1m) of the statutes is created to read:

AB591,27,9 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, s. 54 Section 54. 48.427 (3) (a) 5. of the statutes is amended to read:

AB591,27,12 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, s. 55 Section 55. 48.428 (2) of the statutes is amended to read:

AB591,27,21 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, s. 56 Section 56. 48.428 (4) of the statutes is amended to read:

AB591,28,7 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, s. 57 Section 57. 48.57 (3m) of the statutes is created to read:

AB591,28,12 48.57 (3m) (a) From the reimbursement received under s. 46.495 (1) (d), a county department shall make payments, as determined by the department under par. (e), to a relative of a child, other than the child's parent or stepparent, who is providing care and maintenance for the child if all of the following conditions are met:

AB591,28,16 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.

AB591,28,19 2. The county department determines that the child meets one or more of the criteria specified in s. 48.13 (1) 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.

AB591,28,21 3. The county department determines, through an assessment, that the child will be safe in the relative's home.

AB591,28,25 4. The county department conducts a background investigation of the relative and any other adult residing in the relative's home to determine if the relative or other adult has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

AB591,29,3 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.

AB591,29,6 (b) 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).

AB591,29,12 (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 or, if the parent or parents are unable to initiate or continue that coverage, the county department shall require the relative to whom a payment is made under par. (a) to initiate or continue health care insurance coverage for the child.

AB591,29,14 (cm) A relative who receives a payment under par. (a) is not eligible to receive a payment under s. 48.62 (4).

AB591,29,19 (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.

AB591,29,20 (e) The department shall determine all of the following:

AB591,29,23 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).

AB591,29,25 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, s. 58 Section 58. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

AB591,30,22 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB591, s. 59 Section 59. 49.001 (9) of the statutes is created to read:

AB591,31,2 49.001 (9) "Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works agency" means the department of industry, labor and job development.