AB100: Bill Text Engrossed

AB100-engrossed, s. 1721 Section 1721. 48.981 (7) (a) 6m. of the statutes is amended to read:

AB100-engrossed,824,23 48.981 (7) (a) 6m. A person employed by a child advocacy center recognized by the county board or, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the services for which the center is recognized by the county board or, the county department, the department or the licensed child welfare agency.

AB100-engrossed, s. 1722 Section 1722. 48.981 (7) (a) 8. of the statutes is amended to read:

AB100-engrossed,825,2 48.981 (7) (a) 8. A law enforcement officer or law enforcement agency or a district attorney for purposes of investigation or prosecution.

AB100-engrossed, s. 1723 Section 1723. 48.981 (7) (a) 11. of the statutes is amended to read:

AB100-engrossed,825,7 48.981 (7) (a) 11. The county corporation counsel or district attorney representing the interests of the public, the agency legal counsel and the counsel or guardian ad litem representing the interests of a child in proceedings under subd. 10., 10g or 10j.

AB100-engrossed, s. 1724 Section 1724. 48.981 (7) (a) 11r. of the statutes is amended to read:

AB100-engrossed,825,15 48.981 (7) (a) 11r. A volunteer appointed or person employed by a court-appointed special advocate program recognized by the county board or the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the advocacy services in proceedings related to a petition under s. 48.13 for which the court-appointed special advocate program is recognized by the county board or, county department or department.

AB100-engrossed, s. 1725 Section 1725. 48.981 (7) (a) 13. of the statutes is amended to read:

AB100-engrossed,825,19 48.981 (7) (a) 13. The department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency ordered to conduct a screening or an investigation of a stepparent under s. 48.88 (2) (c).

AB100-engrossed, s. 1726 Section 1726. 48.981 (7) (a) 15. of the statutes is amended to read:

AB100-engrossed,825,23 48.981 (7) (a) 15. A child fatality review team recognized by the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department.

AB100-engrossed, s. 1727 Section 1727. 48.981 (7) (cm) of the statutes is amended to read:

AB100-engrossed,826,2 48.981 (7) (cm) A county An agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

AB100-engrossed, s. 1728 Section 1728. 48.981 (7) (d) of the statutes is amended to read:

AB100-engrossed,826,6 48.981 (7) (d) The department may have access to any report or record maintained by a county department or licensed child welfare agency under contract with a county department an agency under this section.

AB100-engrossed, s. 1729 Section 1729. 48.981 (8) (a) of the statutes is amended to read:

AB100-engrossed,826,21 48.981 (8) (a) The department and, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency under contract with the department or a county department, and the tribal social services departments, persons and officials required to report, the general public and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect. The department and , the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect.

AB100-engrossed, s. 1730 Section 1730. 48.981 (8) (c) of the statutes is amended to read:

AB100-engrossed,827,4 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department or, a county department or a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department or, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect.

AB100-engrossed, s. 1731 Section 1731. 48.981 (8) (d) 1. of the statutes is amended to read:

AB100-engrossed,827,11 48.981 (8) (d) 1. Each county department or licensed child welfare agency under contract with a county department agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-engrossed, s. 1732 Section 1732. 48.981 (8) (d) 2. of the statutes is amended to read:

AB100-engrossed,827,17 48.981 (8) (d) 2. Each year the department shall make available training programs that permit intake workers and county department or licensed child welfare agency under contract with a county department agency staff members and supervisors to satisfy the requirements under subd. 1. and s. 48.06 (1) (am) 3. and (2) (c).

AB100-engrossed, s. 1733 Section 1733. 48.981 (10) of the statutes is amended to read:

AB100-engrossed,827,21 48.981 (10) Current list of tribal agents. The department shall annually provide to each county department agency described in sub. (3) (bm) (intro.) a current list of all tribal agents in the state.

AB100-engrossed, s. 1733m Section 1733m. 48.982 (2) (d) of the statutes is amended to read:

AB100-engrossed,828,2 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.

AB100-engrossed, s. 1734 Section 1734. 48.982 (2) (g) (intro.) of the statutes is amended to read:

AB100-engrossed,828,5 48.982 (2) (g) (intro.) In coordination with the departments of health and social services and education public instruction:

AB100-engrossed, s. 1734m Section 1734m. 48.982 (2m) (intro.) of the statutes is amended to read:

AB100-engrossed,828,10 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB100-engrossed, s. 1735 Section 1735. 48.985 (1) of the statutes is amended to read:

AB100-engrossed,828,19 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) (n), the department shall expend not more than $543,700 $273,700 in each fiscal year 1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626, for child welfare projects and services provided or purchased by the department, and for child abuse and neglect independent investigations and for providing child-at-risk field training to counties.

AB100-engrossed, s. 1736 Section 1736. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB100-engrossed,829,3 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,919,800 in each $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families and for family-based child welfare services.

AB100-engrossed, s. 1737 Section 1737. 48.985 (3) of the statutes is amended to read:

AB100-engrossed,829,8 48.985 (3) Community youth and family aids. From the appropriation account under s. 20.410 (3) (oo) (ko), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 301.26, not more than $1,100,000 in each fiscal year.

AB100-engrossed, s. 1738 Section 1738. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,829,13 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bt), an amount for that year determined as follows:

AB100-engrossed, s. 1739 Section 1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,829,18 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bu), an amount for that year determined as follows:

AB100-engrossed, s. 1740 Section 1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB100-engrossed,829,22 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (5) (bu) for relief block grants for that year.

AB100-engrossed, s. 1741 Section 1741. 49.029 (2) of the statutes is amended to read:

AB100-engrossed,830,6 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (5) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB100-engrossed, s. 1741m Section 1741m. 49.114 of the statutes is created to read:

AB100-engrossed,830,14 49.114 Contract powers of the department. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB100-engrossed,830,23 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

AB100-engrossed,831,3 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB100-engrossed,831,6 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB100-engrossed,831,15 (4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

AB100-engrossed,831,19 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB100-engrossed,831,23 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

AB100-engrossed,832,2 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB100-engrossed,832,5 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

AB100-engrossed,832,8 (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

AB100-engrossed,832,11 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

AB100-engrossed,832,15 (10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

AB100-engrossed, s. 1742 Section 1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and amended to read:

AB100-engrossed,832,18 49.124 (1) (title) Definition Definitions. (intro.) In this section , "food:

AB100-engrossed,832,20 (b) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029 2036.

AB100-engrossed, s. 1743 Section 1743. 49.124 (1) (ag) of the statutes is created to read:

AB100-engrossed,832,23 49.124 (1) (ag) "Controlled substance" has the meaning given in 21 USC 802 (6).

AB100-engrossed, s. 1744 Section 1744. 49.124 (1) (am) of the statutes is created to read:

AB100-engrossed,832,25 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-engrossed, s. 1745 Section 1745. 49.124 (1) (c) of the statutes is created to read:

AB100-engrossed,833,2 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

AB100-engrossed, s. 1746 Section 1746. 49.124 (1) (d) of the statutes is created to read:

AB100-engrossed,833,4 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

AB100-engrossed, s. 1747 Section 1747. 49.124 (1) (e) of the statutes is created to read:

AB100-engrossed,833,7 49.124 (1) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

AB100-engrossed, s. 1748 Section 1748. 49.124 (1g) of the statutes is created to read:

AB100-engrossed,833,10 49.124 (1g) Denial of eligibility. An individual is ineligible to participate in the food stamp program in a month that any of the following is true:

AB100-engrossed,833,18 (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments, if any, or other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB100-engrossed,833,22 (b) The individual is a man who is alleged to be the father under s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100-engrossed,834,2 (c) If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100-engrossed,834,5 (d) The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.

AB100-engrossed,834,8 (e) The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This paragraph does not apply if any of the following applies:

AB100-engrossed,834,10 1. The delinquency equals less than 3 months of the court-ordered support payments.

AB100-engrossed,834,12 2. A court or county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.

AB100-engrossed,834,14 3. The individual is complying with a payment plan approved by a county child support agency under s. 59.53 (5) to provide support for the child of the individual.

AB100-engrossed, s. 1749 Section 1749. 49.124 (1m) (a) of the statutes is amended to read:

AB100-engrossed,835,2 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section subsection. Except as provided in pars. (b) and, (bm) and (br), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed 40 hours per week subsection.

AB100-engrossed, s. 1749m Section 1749m. 49.124 (1m) (br) of the statutes is created to read:

AB100-engrossed,835,6 49.124 (1m) (br) 1. In this paragraph, "area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, village or town; or a federally recognized American Indian reservation.

AB100-engrossed,835,11 2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under 7 USC 2015, as amended by section 824 of P.L. 104-193, for any group of individuals, to the extent permitted under federal law, for whom any of the following is true:

AB100-engrossed,835,13 a. The group resides in an area determined by the department to have an unemployment rate of over 10%.

AB100-engrossed,835,15 b. The group resides in an area that the department determines does not have a sufficient number of jobs to provide employment for that group of individuals.