AB100: Bill Text

AB100, s. 1855 Section 1855. 49.155 (6) (b) of the statutes is amended to read:

AB100,808,25 49.155 (6) (b) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

AB100, s. 1856 Section 1856. 49.155 (6) (c) of the statutes is amended to read:

AB100,809,7 49.155 (6) (c) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

AB100, s. 1857 Section 1857. 49.155 (6) (d) of the statutes is amended to read:

AB100,809,15 49.155 (6) (d) The department may promulgate rules to establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

AB100, s. 1858 Section 1858. 49.185 (1m) of the statutes is created to read:

AB100,809,18 49.185 (1m) Funding. Payments for grants awarded under this section shall be made from the appropriations under s. 20.445 (3) (em) and (md).

AB100, s. 1859 Section 1859. 49.19 (10) (a) of the statutes is amended to read:

AB100,810,8 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or to a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1860 Section 1860. 49.19 (10) (d) of the statutes is amended to read:

AB100,810,19 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home or, treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

AB100, s. 1861 Section 1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB100,810,25 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (d) (dz) and (p) (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB100, s. 1862 Section 1862. 49.19 (19m) of the statutes is created to read:

AB100,811,3 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.

AB100, s. 1863 Section 1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:

AB100,811,5 49.19 (20) (b) Notwithstanding par. (a):

AB100,811,10 1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after the effective date of this subdivision .... [revisor inserts date], whichever is earlier.

AB100,811,14 2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid may be paid to the nonlegally responsible relative on or after the effective date of this subdivision .... [revisor inserts date].

AB100, s. 1864 Section 1864. 49.191 (1) (b) of the statutes is amended to read:

AB100,811,23 49.191 (1) (b) Within the limits of funds available under s. 20.445 (3) (cn) (cm), (dz), (jg), (md) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This 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).

AB100, s. 1865 Section 1865. 49.193 (1) (c) of the statutes is amended to read:

AB100,812,5 49.193 (1) (c) The department shall coordinate the program under this section with the programs of the department of administration, the department of industry, labor and job development, the department of commerce, the department of education public instruction and the technical college system board and with programs operated under the job training partnership act, 29 USC 1501 to 1791j.

AB100, s. 1866 Section 1866. 49.193 (10m) of the statutes is amended to read:

AB100,812,16 49.193 (10m) Work-first program. The department shall select Kenosha county and additional counties in which to pilot the work-first program under this subsection. The work-first program shall be conducted as part of the job opportunities and basic skills program under this section and shall be funded from s. 20.445 (3) (df) (dz). The work-first program shall seek to increase the amount of job opportunities and basic skills program services provided to recipients of aid to families with dependent children and to minimize the time between the date on which a person in a pilot county first applies for aid to families with dependent children under s. 49.19 and the date on which the person begins to participate in the job opportunities and basic skills program under this section.

AB100, s. 1867 Section 1867. 49.195 (1) of the statutes is amended to read:

AB100,813,22 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.132, 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6). During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.132, 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

AB100, s. 1868 Section 1868. 49.195 (3) of the statutes is amended to read:

AB100,814,6 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19 49.132, 49.148, 49.153, 49.155 or, 49.157 or 49.19 and shall promulgate rules establishing policies and procedures to administer this subsection. Any county, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain 15% of benefits distributed under s. 49.132 or 49.155 that are recovered due to the efforts of an employe or officer of the county, tribe or W-2 agency, unless the benefits were provided as a result of state, county, tribal governing body or Wisconsin works agency error.

AB100, s. 1869 Section 1869. 49.195 (4) of the statutes is amended to read:

AB100,814,13 49.195 (4) Any county or, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain 15% of benefits distributed under s. 49.19 that are recovered due to the efforts of an employe or officer of the county or, tribe or Wisconsin works agency. This subsection does not apply to recovery of benefits that were provided as a result of state, county or , tribal governing body or Wisconsin works agency error.

AB100, s. 1870 Section 1870. 49.195 (5) of the statutes is created to read:

AB100,814,19 49.195 (5) Any Wisconsin works agency may retain 15% of benefits distributed under s. 49.148, 49.153, 49.155 or 49.157 that are recovered due to the efforts of an employe or officer of the Wisconsin works agency. This subsection does not apply to recovery of benefits that were provided as a result of error on the part of the Wisconsin works agency.

AB100, s. 1871 Section 1871. 49.197 (1m) of the statutes is amended to read:

AB100,815,8 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (de) (dz), (L), (md), (n) and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 2036 and on the part of participants in the Wisconsin works program under ss. 49.141 to 49.161. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state and local agencies, development of an advisory welfare investigation prosecution standard and provision of funds to county departments under ss. 46.215, 46.22 and 46.23 and to Wisconsin works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB100, s. 1872 Section 1872. 49.197 (4) of the statutes is amended to read:

AB100,815,16 49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.445 (3) (de) (dz), (L) and (Lm) and federal matching funds from the appropriations under s. 20.445 (3) (md), (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV, aid to families with dependent children under s. 49.19 or the food stamp program under 7 USC 2011 to 2029 to offset administrative costs of reducing payment errors in those programs.

AB100, s. 1873 Section 1873. 49.20 of the statutes is repealed.

AB100, s. 1874 Section 1874. 49.22 (2m) of the statutes is renumbered 49.22 (2m) (a) and amended to read:

AB100,816,5 49.22 (2m) (a) The department may request from any person in this state any information it determines appropriate and necessary for the administration of this section, ss. 49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state Unless access to the information is prohibited or restricted by law, the person shall provide this information within 7 days after receiving a request under this subsection paragraph. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child and spousal support agency under s. 59.53 (5) may disclose information obtained under this subsection paragraph only in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1875 Section 1875. 49.22 (2m) (b) of the statutes is created to read:

AB100,816,10 49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1876 Section 1876. 49.22 (2m) (c) of the statutes is created to read:

AB100,816,12 49.22 (2m) (c) A person is not liable to any person for any of the following:

AB100,816,14 1. Allowing access to financial or other records by the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a).

AB100,816,17 2. Disclosing information from financial or other records to the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a).

AB100,816,22 3. Any other action taken in good faith to comply with this section or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1877 Section 1877. 49.22 (2m) (d) of the statutes is created to read:

AB100,817,2 49.22 (2m) (d) Any person who fails to respond to or comply with a request under par. (a) by the department or a county child support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.

AB100, s. 1878 Section 1878. 49.22 (2p) of the statutes is amended to read:

AB100,817,9 49.22 (2p) The Except as provided in sub. (12), the department or a county child and spousal support agency under s. 59.53 (5) may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.

AB100, s. 1879 Section 1879. 49.22 (7) of the statutes is amended to read:

AB100,817,24 49.22 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.53 (6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) (p) (md) to carry out a contract under this subsection.

AB100, s. 1880 Section 1880. 49.22 (7g) of the statutes is created to read:

AB100,818,1 49.22 (7g) The department shall provide all of the following:

AB100,818,4 (a) Training to hospital staff members concerning the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of establishing paternity.

AB100,818,6 (b) The written information that is required to be provided to parents under s. 69.14 (1) (cm).

AB100, s. 1881 Section 1881. 49.22 (12) of the statutes is created to read:

AB100,818,10 49.22 (12) The department or a county child and spousal support agency may not release information to a person about the whereabouts of a person who is receiving services under this section if any of the following applies:

AB100,818,15 (a) The person seeking the information is subject to a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with respect to the person who is receiving services under this section; and the department or county child and spousal support agency has notice of the temporary restraining order or injunction.

AB100,818,18 (b) The department or county child and spousal support agency has reason to believe that releasing the information may result in physical or emotional harm to the person who is receiving services under this section.

AB100, s. 1882 Section 1882. 49.225 of the statutes is created to read:

AB100,818,21 49.225 Ordering genetic tests. (1) In this section, "genetic test" has the meaning given in s. 767.001 (1m).

AB100,819,3 (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena or otherwise, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.

AB100,819,7 (b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) shall bring an action under s. 767.45 for determining the paternity of the child.

AB100,819,9 (3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:

AB100,819,13 (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.

AB100,819,18 (b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.

AB100, s. 1883 Section 1883. 49.25 (3) (a) 8. of the statutes is amended to read:

AB100,819,22 49.25 (3) (a) 8. A man who has been adjudicated or who has acknowledged himself to be the father of a child of a woman subject to the program under this section under subd. 1., 2. or 3., if the man is living with the woman.

AB100, s. 1884 Section 1884. 49.26 (1) (a) 2. d. of the statutes is amended to read:

AB100,820,3 49.26 (1) (a) 2. d. A course of study meeting the standards established by the secretary of education state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB100, s. 1885 Section 1885. 49.26 (1) (d) of the statutes is amended to read:

AB100,820,12 49.26 (1) (d) A county department that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department shall submit the plan to the department of industry, labor and job development and the department of education public instruction by August 15, annually.

AB100, s. 1886 Section 1886. 49.26 (1) (e) of the statutes is amended to read:

AB100,820,23 49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, or whose custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with whom a dependent child lives and who is either subject to the school attendance requirement under par. (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 49.155 (6) if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

AB100, s. 1887 Section 1887. 49.26 (1) (g) 1. of the statutes is amended to read:

AB100,821,4 49.26 (1) (g) 1. Before the first day of the fall 1994 school term, as defined in s. 115.001 (12), the individual is 13 to 19 17 years of age. Beginning on the first day of the fall 1997 school term, as defined in s. 115.001 (12), the individual is 6 to 19 17 years of age.

AB100, s. 1888 Section 1888. 49.26 (1) (h) 1m. (intro.) of the statutes is amended to read:

AB100,821,8 49.26 (1) (h) 1m. (intro.) An individual who is 13 to 19 17 years of age and who fails to meet the school attendance requirement under par. (ge) is subject to sanctions as provided under subd. 1s. only if all of the following apply:

AB100, s. 1889 Section 1889. 49.26 (2) (b) of the statutes is amended to read:

AB100,821,22 49.26 (2) (b) From the appropriation appropriations under s. 20.445 (3) (dg) (dz) and (md), the department shall allocate funds to county departments for the provision of case management services to individuals who are subject to the school attendance requirement under the learnfare program under sub. (1) 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 paragraph to provide case management services to individuals who are 13 to 19 17 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 subsection to provide case management services to individuals who are 13 to 19 17 years of age in a year if 35 or more individuals, 13 to 19 17 years of age, residing in the county were sanctioned under sub. (1) (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.

AB100, s. 1890 Section 1890. 49.27 (5) (e) 5. of the statutes is amended to read: