AB651-ASA2,21,94
40.08
(1c) Withholding of annuity payments. Notwithstanding sub. (1), any
5monthly annuity paid under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject
6to s. 767.265. The board and any member or agent thereof and the department and
7any employe or agent thereof are immune from civil liability for any act or omission
8while performing official duties relating to withholding any annuity payment
9pursuant to s. 767.265.
AB651-ASA2,21,1611
40.08
(1g) Withholding of lump sum payments. Notwithstanding sub. (1), any
12lump sum payment made under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is
13subject to s. 49.852. The board and any member or agent thereof and the department
14and any employe or agent thereof are immune from civil liability for any act or
15omission while performing official duties relating to withholding any lump sum
16payment pursuant to s. 49.852.
AB651-ASA2,21,2519
48.02
(13) "Parent" means either a biological parent, a husband who has
20consented to the artificial insemination of his wife under s. 891.40, or a parent by
21adoption. If the child is a nonmarital child who is not adopted or whose parents do
22not subsequently intermarry under s. 767.60, "parent" includes a person
adjudged
23in a judicial proceeding acknowledged under s. 767.62 (1) or a substantially similar
24law of another state or adjudicated to be the biological father. "Parent" does not
25include any person whose parental rights have been terminated.
AB651-ASA2,22,133
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
4affecting the family, an attorney responsible for support enforcement under s. 59.53
5(6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's
6attorney or the guardian ad litem for the child who is the subject of that proceeding
7to review or be provided with information from the records of the court assigned to
8exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
9for the purpose of determining the paternity of the child or for the purpose of
10rebutting the presumption of paternity under s. 891.405 or 891.41
(1), the court
11assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
12inspection by the requester its records relating to the paternity of the child or disclose
13to the requester those records.
AB651-ASA2,22,1915
48.42
(4) (b) 2. If the child is a nonmarital child who is not adopted or whose
16parents do not subsequently intermarry under s. 767.60 and paternity has not been
17acknowledged under s. 767.62 (1) or a substantially similar law of another state or 18adjudicated, the court may, as provided in s. 48.422 (6) (b), order publication of a
19notice under subd. 4.
AB651-ASA2,23,1422
48.66
(1) The Except as provided under s. 48.715 (6), the department shall
23license and supervise child welfare agencies, as required by s. 48.60, group homes,
24as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
25centers, as required by s. 48.65. The department may license foster homes or
1treatment foster homes, as provided by s. 48.62, and may license and supervise
2county departments in accordance with the procedures specified in this section and
3in ss. 48.67 to 48.74.
The Except as provided under s. 48.715 (6), the department of
4corrections may license a child welfare agency to operate a secured child caring
5institution, as defined in s. 938.02 (15g), for holding in secure custody children who
6have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
7(4h) or (4m) and referred to the child welfare agency by the court or the department
8of corrections and to provide supervision, care and maintenance for those children.
9A license issued under this subsection, other than a license to operate a foster home,
10treatment foster home or secured child caring institution, is valid until revoked or
11suspended. A license issued under this subsection to operate a foster home,
12treatment foster home or secured child caring institution may be for any term not to
13exceed 2 years from the date of issuance. No license issued under this subsection is
14transferable.
AB651-ASA2,23,2016
48.66
(2) The department shall prescribe application forms to be used by all
17applicants for licenses from it.
The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a child welfare agency, group home, shelter care facility or day care center who are
20individuals be provided.
AB651-ASA2,24,322
48.66
(2m) (a) The department of health and family services shall require each
23applicant for a license under sub. (1) to operate a child welfare agency, group home,
24shelter care facility or day care center who is an individual, and the department of
25corrections shall require each applicant for a license under sub. (1) to operate a
1secured child caring institution who is an individual, to provide that department
2with his or her social security number when initially applying for or applying to
3renew the license.
AB651-ASA2,24,74
(b) The department of health and family services and the department of
5corrections may not issue or renew a license specified in par. (a) to or for an applicant
6who is an individual unless the applicant has provided his or her social security
7number to that department.
AB651-ASA2,24,108
(c) The department of health and family services and the department of
9corrections may disclose a social security number obtained under par. (a) only on the
10request of the department of workforce development under s. 49.22 (2m).
AB651-ASA2,25,2
1248.69 Probationary licenses. If Except as provided under s. 48.715 (6), if any
13child welfare agency, shelter care facility, group home or day care center that has not
14been previously issued a license under s. 48.66 (1) applies for a license, meets the
15minimum requirements for a license established under s. 48.67 and pays the
16applicable fee referred to in s. 48.68 (1), the department shall issue a probationary
17license to that child welfare agency, shelter care facility, group home or day care
18center. A probationary license is valid for up to 6 months after the date of issuance
19unless renewed under this section or suspended or revoked under s. 48.715. Before
20a probationary license expires, the department shall inspect the child welfare
21agency, shelter care facility, group home or day care center holding the probationary
22license and,
except as provided under s. 48.715 (6), if the child welfare agency, shelter
23care facility, group home or day care center meets the minimum requirements for a
24license established under s. 48.67, the department shall issue a license under s. 48.66
1(1). A probationary license issued under this section may be renewed for one
26-month period.
AB651-ASA2,25,184
48.715
(6) The department of health and family services shall deny, suspend,
5restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a
6probationary license under s. 48.69 to operate a child welfare agency, group home
7shelter care facility or day care center, and the department of corrections shall deny,
8suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
9to operate a secured child caring institution, for failure of the applicant or licensee
10to pay court-ordered payments of child or family support, maintenance, birth
11expenses, medical expenses or other expenses related to the support of a child or
12former spouse or for failure of the applicant or licensee to comply, after appropriate
13notice, with a subpoena or warrant issued by the department of workforce
14development or a county child support agency under s. 59.53 (5) and related to
15paternity or child support proceedings, as provided in a memorandum of
16understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
17taken under this subsection is subject to review only as provided in the memorandum
18of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB651-ASA2,26,7
2148.72 Appeal procedure. Any Except as provided in s. 48.715 (6), any person
22aggrieved by the department's refusal or failure to issue, renew or continue a license
23or by any action taken by the department under s. 48.715 has the right to an
24administrative hearing provided for contested cases in ch. 227. To receive an
25administrative hearing under ch. 227, the aggrieved person shall send to the
1department a written request for a hearing under s. 227.44 within 10 days after the
2date of the department's refusal or failure to issue, renew or continue a license or the
3department's action taken under s. 48.715. The department shall hold an
4administrative hearing under s. 227.44 within 30 days after receipt of the request
5for the administrative hearing unless the aggrieved person consents to an extension
6of that time period. Judicial review of the department's decision may be had as
7provided in ch. 227.
AB651-ASA2,26,189
48.837
(4) (e) Shall, before hearing the petitions under subs. (2) and (3),
10ascertain whether the child's paternity has been
acknowledged under s. 767.62 (1)
11or a substantially similar law of another state or adjudicated in this state or another
12jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025,
13the court shall determine the rights of that person. If the child's paternity has not
14been
acknowledged or adjudicated and if no person has filed a declaration under s.
1548.025, the court shall attempt to ascertain the paternity of the child. The court may
16not proceed with the hearing on the petitions under this section unless the parental
17rights of the nonpetitioning parent, whether known or unknown, have been
18terminated.
AB651-ASA2,27,320
48.91
(2) In an adoption proceeding for a nonmarital child who is not adopted
21or whose parents do not subsequently intermarry under s. 767.60, the court shall
22establish whether the rights of any persons who have filed declarations of paternal
23interest under s. 48.025 have been determined or whether paternity has been
24acknowledged under s. 767.62 (1) or a substantially similar law of another state or 25adjudicated in this state or in another jurisdiction. If the court finds that no such
1determination has been made, the court shall proceed, prior to any action on the
2petition for adoption, to attempt to ascertain the paternity of the child and the rights
3of any person who has filed a declaration under s. 48.025.
AB651-ASA2,27,146
49.124
(1g) (a) The individual is a custodial parent of a child who is under the
7age of 18 and who has an absent parent, or the individual lives with and exercises
8parental control over a child who is under the age of 18 and who has an absent parent,
9and the individual does not fully cooperate in
good faith with efforts directed at
10establishing the paternity of the child, if necessary, and obtaining support payments,
11if any, or other payments or property, if any, to which that individual or the child may
12have rights. This paragraph does not apply if the individual has good cause for
13refusing to cooperate, as determined by the department in accordance with federal
14law and regulations.
AB651-ASA2, s. 52
15Section
52. 49.145 (2) (f) 1. of the statutes is renumbered 49.145 (2) (f) 1.
16(intro.) and amended to read:
AB651-ASA2,27,1817
49.145
(2) (f) 1. (intro.) Subject to subd. 2.,
the individual all of the following
18conditions are met:
AB651-ASA2,28,2
19a. Every parent in the individual's Wisconsin works group fully cooperates in
20good faith with efforts directed at establishing the paternity of
the dependent any
21minor child
and of that parent regardless of whether the parent is the custodial or
22noncustodial parent of that child. Such cooperation shall be in accordance with
23federal law and regulations and rules promulgated by the department applicable to
24paternity establishment and may not be required if the parent has good cause for
1refusing to cooperate, as determined by the department in accordance with federal
2law and regulations.
AB651-ASA2,28,12
3b. Every parent in the individual's Wisconsin works group fully cooperates in
4good faith with efforts directed at obtaining support payments or any other payments
5or property to which that
individual parent and
the dependent any minor child
of
6that parent may have rights
or for which that parent may be responsible, regardless
7of whether the parent is the custodial or noncustodial parent of the minor child. Such
8cooperation shall be in accordance with federal law and regulations and rules
9promulgated by the department applicable to
paternity establishment and collection
10of support payments
and may not be required if the parent has good cause for
11refusing to cooperate, as determined by the department in accordance with federal
12law and regulations.
AB651-ASA2, s. 53
13Section
53. 49.145 (2) (f) 2. of the statutes is amended to read:
AB651-ASA2,28,1714
49.145
(2) (f) 2. An individual who
is a member of a Wisconsin works group that 15fails 3 times to meet the requirements under subd. 1. remains ineligible until
the 16individual cooperates all of the members of Wisconsin works group cooperate or for
17a period of 6 months, whichever is later.
AB651-ASA2,29,820
49.22
(2m) (a) The department may request from any person
in this state any
21information it determines appropriate and necessary for the administration of this
22section, ss.
49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the
23purposes of
7 USC 2011 to
2029.
Any person in this state Unless access to the
24information is prohibited or restricted by law, or unless the person has good cause,
25as determined by the department in accordance with federal law and regulations, for
1refusing to cooperate, the person shall
make a good faith effort to provide this
2information within 7 days after receiving a request under this
subsection paragraph.
3Except as provided in sub. (2p) and subject to sub. (12), the department or the county
4child support agency under s. 59.53 (5) may disclose information obtained under this
5subsection paragraph only in the administration of this section, ss.
49.145, 49.19,
649.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
7Employes of the department or a county child support agency under s. 59.53 (5) are
8subject to s. 49.83.
AB651-ASA2,29,1410
49.22
(2m) (am) In conjunction with any request for information under par. (a),
11including a request made by subpoena under par. (b), the department or county child
12support agency under s. 59.53 (5) shall advise the person of the time by which the
13information must be provided and of any consequences to the person under par. (d)
14that may result from a failure to respond or comply with the request.
AB651-ASA2,29,2016
49.22
(2m) (b) The department or county child support agency under s. 59.53
17(5) may issue a subpoena, in substantially the form authorized under s. 885.02, to
18compel the production of financial information and other documentary evidence in
19the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs
20carrying out the purposes of
7 USC 2011 to
2029.
AB651-ASA2,29,2522
49.22
(2m) (bc) A person in this state shall comply with an administrative
23subpoena that is issued from another state to compel the production of financial
24information or other documentary evidence for purposes comparable to those
25specified in par. (b).
AB651-ASA2,30,22
49.22
(2m) (c) A person is not liable to any person for any of the following:
AB651-ASA2,30,53
1. Allowing access to financial or other records by the department or a county
4child support agency under s. 59.53 (5) in response to a request under par. (a) or a
5subpoena described in par. (bc).
AB651-ASA2,30,86
2. Disclosing information from financial or other records to the department or
7a county child support agency under s. 59.53 (5) in response to a request under par.
8(a) or a subpoena described in par. (bc).
AB651-ASA2,30,139
3. Any other action taken in good faith to comply with this section or a subpoena
10described in par. (bc) or to comply with a request for information or access to records
11from the department or a county child support agency under s. 59.53 (5) in the
12administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs
13carrying out the purposes of
7 USC 2011 to
2029.
AB651-ASA2,30,1815
49.22
(2m) (d) Any person who fails to respond to or comply with a subpoena
16described in par. (bc) or a request under par. (a) by the department or a county child
17support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount
18determined by the department by rule.
AB651-ASA2,31,421
49.22
(6) The department shall establish, pursuant to federal and state laws,
22rules and regulations, a uniform system of fees for services provided under this
23section to individuals not receiving aid under s. 46.261, 49.19 or 49.47
or; benefits
24under s.
49.124, 49.148 or 49.155
and to individuals not receiving; foster care
25maintenance payments under 42 USC 670 to 679a; or kinship care payments under
1s. 48.57 (3m). The system of fees may take into account an individual's ability to pay.
2Any fee paid and collected under this subsection may be retained by the county
3providing the service except for the fee specified in
42 USC 653 (e) (2) for federal
4parent locator services.
AB651-ASA2,31,66
49.22
(7g) The department shall provide all of the following:
AB651-ASA2,31,97
(a) Training to hospital staff members concerning the form that is prescribed
8by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and
9benefits of, and alternatives to, of establishing paternity.
AB651-ASA2,31,1110
(b) The written information that is required to be provided to parents under s.
1169.14 (1) (cm).
AB651-ASA2, s. 62
12Section
62. 49.22 (11) of the statutes is renumbered 49.22 (11) (a) and
13amended to read:
AB651-ASA2,31,2014
49.22
(11) (a) The department
may, upon request, shall disclose to a consumer
15reporting agency, as defined under
45 CFR 303.105 (a), the amount of overdue child
16support owed by a parent.
The At least 20 business days before disclosing the
17information to the consumer reporting agency, the department shall notify the
18parent
prior to disclosing the information to the consumer reporting agency and
19inform the parent of the methods available for contesting the accuracy of the
20information.
AB651-ASA2,31,2522
49.22
(11) (b) The department shall notify a consumer reporting agency within
2330 days if any amounts reported to the consumer reporting agency under par. (a)
24were erroneous. Within 30 days of notification under this paragraph, the consumer
25reporting agency shall correct the erroneous amount in its records.
AB651-ASA2,32,52
49.22
(11) (c) The department shall notify a consumer reporting agency within
330 days if any amounts reported to the consumer reporting agency under par. (a) are
4paid in full. Within 30 days of notification under this paragraph, the consumer
5reporting agency shall indicate the payment in full in its records.
AB651-ASA2,32,8
749.225 Ordering genetic tests. (1) In this section, "genetic test" has the
8meaning given in s. 767.001 (1m).
AB651-ASA2,32,16
9(2) (a) A county child support agency under s. 59.53 (5) may require, by
10subpoena in substantially the form authorized under s. 885.02 or by other means, a
11child, the child's mother and a male alleged, or alleging himself, to be the child's
12father to submit to genetic tests if there is probable cause to believe that the male
13had sexual intercourse with the child's mother during a possible time of the child's
14conception. Probable cause of sexual intercourse during a possible time of conception
15may be established by a sufficient affidavit of the child's mother or the male alleged,
16or alleging himself, to be the child's father.
AB651-ASA2,32,2017
(b) If there is only one male alleged, or alleging himself, to be the father and
18one or more persons required to submit to genetic tests under par. (a) fail to appear
19for the scheduled tests, the county child support agency under s. 59.53 (5) may bring
20an action under s. 767.45 for determining the paternity of the child.
AB651-ASA2,32,22
21(3) The fees and costs for genetic tests performed on any person required to
22submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
AB651-ASA2,33,223
(a) The county may seek reimbursement from either the mother or male
24alleged, or alleging himself, to be the father, or from both, if the test results show that
1the male is not excluded as the father and that the statistical probability of the male's
2parentage is 99.0% or higher.
AB651-ASA2,33,73
(b) If 2 or more identical series of genetic tests are performed upon the same
4person, the county child support agency under s. 59.53 (5) shall require the person
5requesting the 2nd or subsequent series of tests to pay for the tests in advance. If
6the person requesting the 2nd or subsequent series of tests is indigent, the county
7shall pay for the tests and may seek reimbursement from the person.
AB651-ASA2,33,129
49.25
(3) (a) 8. A man who has been adjudicated
or who, under s. 767.62 (1) or
10a substantially similar law of another state, has acknowledged himself to be the
11father of a child of a woman subject to the program under this section under subd.
121., 2. or 3., if the man is living with the woman.
AB651-ASA2, s. 67
13Section
67. 49.45 (2) (a) 11. of the statutes is amended to read:
AB651-ASA2,33,1614
49.45
(2) (a) 11. Establish criteria for the certification of eligible providers of
15services under Title XIX of the social security act and
, except as provided in s. 49.48, 16certify such eligible providers.
AB651-ASA2, s. 68
17Section
68. 49.45 (2) (a) 12. of the statutes is amended to read:
AB651-ASA2,33,2418
49.45
(2) (a) 12. Decertify or suspend
under this subdivision a provider from
19the medical assistance program, if after giving reasonable notice and opportunity for
20hearing, the department finds that the provider has violated federal or state law or
21administrative rule and such violations are by law, regulation or rule grounds for
22decertification or suspension. No payment may be made under the medical
23assistance program with respect to any service or item furnished by the provider
24subsequent to decertification or during the period of suspension.
AB651-ASA2, s. 69
25Section
69. 49.45 (19) (a) 1. of the statutes is amended to read:
AB651-ASA2,34,8
149.45
(19) (a) 1. Fully cooperate in
good faith with efforts directed at
2establishing the paternity of a nonmarital child and obtaining support payments or
3any other payments or property to which the person and the dependent child or
4children may have rights. This cooperation shall be in accordance with federal law
5and regulations applying to paternity establishment and collection of support
6payments
and may not be required if the person has good cause for refusing to
7cooperate, as determined by the department in accordance with federal law and
8regulations.
AB651-ASA2,34,14
1049.48 Denial, nonrenewal and suspension of certification of service
11providers based on certain delinquency in payment. (1) The department
12shall require each applicant to provide the department with the applicant's social
13security number, if the applicant is an individual, as a condition of issuing or
14renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.
AB651-ASA2,34,18
15(2) The department of health and family services may not disclose any
16information received under sub. (1) to any person except to the department of
17workforce development for the purpose of making certifications required under s.
1849.857.
AB651-ASA2,35,4
19(3) The department of health and family services shall deny an application for
20the issuance or renewal of a certification specified in sub. (1), shall suspend a
21certification specified in sub. (1) or may, under a memorandum of understanding
22under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of
23workforce development certifies under s. 49.857 that the applicant for or holder of
24the certificate is delinquent in the payment of court-ordered payments of child or
25family support, maintenance, birth expenses, medical expenses or other expenses
1related to the support of a child or former spouse or fails to comply, after appropriate
2notice, with a subpoena or warrant issued by the department of workforce
3development or a county child support agency under s. 59.53 (5) and related to
4paternity or child support proceedings.
AB651-ASA2,35,15
649.852 Delinquent support payments; pension plans. (1) The
7department of workforce development may direct the department of employe trust
8funds, the retirement system of any 1st class city, any retirement system established
9under
chapter 201, laws of 1937, or the administrator of any other pension plan to
10withhold the amount specified in the statewide support lien docket under s. 49.854
11(2) (b) from any lump sum payment from a pension plan that may be paid a
12delinquent support obligor, except that the department of workforce development
13may not direct that an amount be withheld under this subsection unless it has met
14the notice requirements under sub. (2) and unless the amount specified has either
15not been appealed or is no longer under appeal under s. 49.854.
AB651-ASA2,35,19
16(2) The department of workforce development shall send a notice to the
17last-known address of the person from whom the department intends to recover the
18amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
19notice shall do all of the following:
AB651-ASA2,35,2520
(a) Inform the person that the department of employe trust funds, the
21retirement system of any 1st class city, any retirement system established under
22chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
23is appropriate, shall withhold the amount specified in the statewide support lien
24docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that
25may be paid the person.
AB651-ASA2,36,5
1(b) Inform the person that he or she may, within 20 business days after the date
2of the notice, request a court hearing on the issue of whether the person owes the
3amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
4request shall be in writing and the person shall mail or deliver a copy of the request
5to the county child support agency under s. 59.53 (5).
AB651-ASA2,36,86
(c) Request that the person inform the department of workforce development
7or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay
8is in effect with respect to the person.