Under current law, a person whose application for MA is denied or is not acted
upon promptly or who believes that the payments made in the person's behalf were
not properly determined may file an appeal with DHFS pursuant to the appeal
process set forth under the AFDC program. Currently, the AFDC appeal process is
due to expire on the first day of the 6th month beginning after the date indicated by
DILJD in the Wisconsin Administrative Register as the statewide implementation
date for W-2. Federal law requires a similar appeal process under the MA program.
This bill creates an appeal process under the MA program.
Currently, DHFS is required to make eligibility determinations for MA, but
may delegate this responsibility to a county department of social services. Under this
bill, DHFS may also delegate responsibility of eligibility determinations to a county
department of human services or to a W-2 agency.
Currently, a county or governing body of a federally recognized American
Indian tribe may retain a portion of the amount that the state is authorized to retain
for an overpayment made under the food stamp program that is recovered because
of the efforts of an employe or officer of the county or tribe, unless the overpayment
was made because of an error on the part of the county or tribe. DILJD is required
to promulgate a rule establishing the portion of the amount of the recovered
overpayment that the county or tribal governing body may retain.
This bill deletes the requirement that DILJD establish the portion by rule and
instead authorizes a county or tribal governing body to retain 15% of the amount that
the state is authorized to retain. The bill also authorizes a W-2 agency to retain 15%
of the amount the state is authorized to retain for an overpayment made under the
food stamp program that is recovered because of the efforts of an employe or officer
of the W-2 agency.
Currently, a county or governing body of a federally recognized American
Indian tribe may retain 15% of benefits distributed under the AFDC program (unless
the benefits were provided as a result of state, county or tribal error) and under the
MA program that are recovered because of the efforts of an employe or officer of the
county or tribe.
This bill authorizes a W-2 agency to retain 15% of distributed AFDC benefits
(unless the benefits were provided as a result of state, county or tribal error) and MA
benefits that are recovered because of the efforts of an employe or officer of the W-2
agency.
The bill also authorizes a W-2 agency to retain 15% of an overpayment made
under the W-2 program that is recovered because of the efforts of an employe or
officer of the W-2 agency, unless the overpayment was made because of an error on
the part of the W-2 agency.
Under current law, DILJD is required to implement a program of emergency
assistance for families with needy children in cases of fire, flood, natural disaster,
homelessness or energy crisis. Currently, emergency assistance in cases of
homelessness, except homelessness created by a domestic abuse situation, may be
provided to a needy person only once in a 36-month period. Current law does not
specify how frequently emergency assistance may be provided in cases of fire, flood,
natural disaster or energy crisis.
This bill specifies that emergency assistance in cases of fire, flood, natural
disaster or energy crisis may be provided to a needy person only once in a 12-month
period.
Under current law, each county department administering AFDC is required
to maintain a monthly report, open for public inspection, showing the names of all
persons receiving benefits under AFDC and the amounts received by those recipients
during the preceding month. Each W-2 agency administering W-2 is required to
maintain a monthly report, open for public inspection, showing the names and
addresses of all persons receiving benefits under W-2 and the amounts received by
those recipients during the preceding month. This bill eliminates the requirement
that the report contain the addresses of W-2 recipients.
Currently, the address of an AFDC or W-2 recipient may be released to a law
enforcement officer if the officer provides, in writing, the recipient's name and social
security number and satisfactorily demonstrates, in writing: 1) that the recipient is
a fugitive felon; 2) that the location or apprehension of the recipient is within the
official duties of the officer; and 3) that the officer is making the request in the proper
exercise of his or her duties.
Currently, federal law prohibits a state agency from preventing the release of
the current address of a recipient of aid that is funded under a TANF grant or of a
recipient of food stamps to a law enforcement officer if the officer furnishes the
agency with the name of the recipient and notifies the agency that the recipient is
a fugitive felon, is violating a condition of probation or parole or has information that
is necessary for the officer to conduct his or her official duties.
This bill removes the requirement that the law enforcement officer provide the
social security number of the recipient in order to receive information regarding the
recipient's current address. The bill also permits the county department or W-2
agency to release the current address of a recipient to a law enforcement officer if the
officer satisfactorily demonstrates, in writing, that the recipient has information
that is necessary for the officer to conduct the official duties of the officer.
Under current law, DILJD is required to implement W-2 statewide no later
than September 1997, if a waiver is in effect or legislation is enacted permitting the
use of federal funds for the program and if DILJD determines that sufficient funds
are available. Currently, under TANF, federal law permits the implementation of
most of the components of W-2 without a waiver.
One component of W-2 is a health plan to be operated as part of MA. Under
current law, beginning on the first day of the 6th month beginning after the statewide
implementation of W-2, MA will not be available to those individuals who are
eligible for the W-2 health plan. However, MA will continue to be available to eligible
persons over the age of 65 and to eligible disabled persons. Federal law does not
currently permit the implementation of the W-2 health plan as part of MA.
This bill directs DHFS to request a waiver from the secretary of the federal
department of health and human services or to seek the enactment of federal
legislation to permit the implementation of the W-2 health plan as part of MA. If
a waiver is in effect or permissive federal legislation is enacted, DHFS must
implement the W-2 health plan beginning no later than the first day of the 3rd
month beginning after the waiver is granted or the federal legislation is enacted and
must publish a notice in the Wisconsin Administrative Register indicating the date
that it will implement the W-2 health plan. Under the bill, if a waiver is in effect
or federal legislation is enacted, DHFS may terminate the MA eligibility of those
persons who are eligible for the W-2 health plan beginning on the date published in
the notice.
Wisconsin works
Under current law, no person may participate in W-2 for more than 60 months,
unless a W-2 agency determines that unusual circumstances exist that warrant an
extension of the participation period. In calculating the months of participation for
an individual, a W-2 agency must include any months of participation in the job
opportunities and basic skills (JOBS) program that occurred since July 1, 1996.
Under the JOBS program, AFDC recipients who are not exempt are required to
participate in certain job-related activities. Currently, under TANF, no state may
use any part of a TANF grant to provide assistance to a family that includes an adult
member who has received for 60 months any TANF-funded assistance in any state,
although federal law permits a state to grant extensions for hardship or in cases in
which an individual in the family has been battered or subjected to extreme cruelty.
Federal law requires states to disregard any month during which an individual
received TANF-funded assistance while living either on an American Indian
reservation or in an Alaskan Native village if, during that month, at least 1,000
individuals were living on that reservation or in that village and at least 50% of the
adults living on the reservation or in the village were unemployed.
Currently, under federal law, a state to which a TANF grant is made must
achieve certain monthly work participation rates for single-parent and 2-parent
families that receive TANF-funded assistance. In a 2-parent family, one parent
must work at least 35 hours per week, not fewer than 30 of which must be
attributable to certain federally prescribed work activities. If the family receives
federally funded child care assistance, the other parent must work at least 20 hours
per week in certain federally prescribed work activities, unless an adult in the family
is disabled or caring for a severely disabled child.
This bill modifies the eligibility criteria for W-2 to preclude from eligibility a
person who has received any TANF-funded assistance for a total of 60 months. In
calculating the months of participation for an individual, a W-2 agency must include
months of participation in JOBS that occurred since October 1, 1996, any month that
the individual received emergency assistance if the assistance was funded from
TANF grant money and any month during which any other adult member of the W-2
group participated in a W-2 employment position while the individual was a member
of that W-2 group. If the individual joins a new W-2 group in which another adult
member of the group has received TANF-funded assistance, the W-2 agency must
attribute to that individual the greater of the following:
1. The number of months that the individual received any TANF-funded
assistance.
2. The number of months that the other adult member of the new W-2 group
received TANF-funded assistance.
The bill requires a W-2 agency to disregard any months that a person received
TANF-funded assistance while living either on an American Indian reservation or
in an Alaskan Native village if, during that month, at least 1,000 individuals were
living on that reservation or in that village and at least 50% of the adults living on
the reservation or in the village were unemployed.
The bill also requires that, if a participant in a W-2 employment position
resides with the other parent of the participant's dependent child, and if the W-2
group receives federally funded child care assistance on behalf of the dependent
child, the other parent must work at least 20 hours per week in certain federally
prescribed work activities unless that parent is disabled or caring for a severely
disabled child.
Under the bill, no additional grant or wage subsidy is paid for the other parent's
work activities. The monthly grant of a participant in a community service job or
transitional placement is reduced by $5.15 for every hour that an individual who is
in the participant's W-2 group and who is subject to the work requirement fails to
meet the work requirement in a month without good cause. Additionally, if the
individual who is subject to the work requirement demonstrates 3 times a refusal to
participate, the individual who is a participant in a W-2 employment position loses
eligibility to continue to participate in the particular employment position
component in which the participant had been participating. The participant may,
however, be eligible for at least one of the other 2 employment position components.
The bill also provides that the custodial parent of an infant may receive a grant
without being required to work only if no other adult member of the custodial
parent's W-2 group is participating or eligible to participate in a W-2 employment
position or working in an unsubsidized job.
Also, under the bill, a W-2 agency may require, as a condition of continued
eligibility for a community service job or transitional job, that a person submit to a
test for drug use if that person has been convicted, after August 22, 1996, of a felony
that has as an element possession, use or distribution of a controlled substance. If
the test results are positive, the W-2 agency must reduce the participant's grant
amount by not more than 15%. The reduction lasts for at least 12 months, or for the
remainder of the participant's participation period in a community service job or
transitional placement, if less than 12 months. The full benefit amount must be
restored for a person who continues to be a participant in a community service job
or transitional placement after 12 months if the participant submits to a drug test
at that time and the test results are negative.
Under current law, an individual is eligible for a child care subsidy under W-2
if the individual meets certain nonfinancial and resource eligibility requirements
and if the gross income of the individual's family is at or below 165% of the federal
poverty line for a family the size of the individual's family.
This bill permits an individual who is already receiving a child care subsidy
under W-2 to remain eligible for the subsidy if the gross income of the individual's
family is at or below 200% of the federal poverty line for a family the size of the
individual's family and the individual continues to meet the other eligibility
requirements.
Under current law, recipients of AFDC are required to assign to the state any
rights they have to support or maintenance while receiving AFDC. Under W-2,
participants are not generally required to assign rights to support or maintenance.
Currently, under TANF, states must require applicants and participants in
TANF-funded assistance programs to assign to the state any rights to support and
maintenance while participating in the TANF-funded program. This bill modifies
the W-2 eligibility requirements to provide that an individual is eligible for W-2
benefits only if he or she assigns his or her rights to any support or maintenance to
the state for the period of time that he or she receives W-2 benefits.
Under current law, an individual whose application for a W-2 employment
position is not acted upon with reasonable promptness after filing the application,
or is denied in whole or in part, whose benefit is modified or canceled, or who believes
that the benefit was calculated incorrectly, may petition the W-2 agency for a review
of that action. The W-2 agency must give the individual reasonable notice and an
opportunity for a review. The individual may petition DILJD for a review of the W-2
agency's decision within 15 days after the decision or the W-2 agency may request
DILJD to review the W-2 agency's decision. Currently, state law does not specify a
remedy for a successful petitioner.
This bill permits an individual whose application for any component of W-2 has
been denied in whole or in part, whose benefit is modified or canceled, or who believes
that the benefit was calculated incorrectly, to petition the W-2 agency for a review
of that action. The individual may seek a review by DILJD of the W-2 agency's
decision.
The bill provides that, following a review, if a W-2 agency or DILJD determines
that an individual's application for a W-2 employment position was denied because
of an erroneous determination of ineligibility or that an individual was placed in an
inappropriate W-2 employment position, the W-2 agency must place that individual
in the first appropriate W-2 employment position available. Benefits under that
position are available to the individual beginning on the date on which the individual
begins participation in that position. The bill further provides that, following a
review, if the W-2 agency or DILJD determines that the individual's benefit was
improperly modified or canceled or was calculated incorrectly, the W-2 agency must
retroactively restore the benefit to the proper level.
The bill also provides a review process under the emergency assistance for
families with needy children program. Under that process, an individual whose
application for emergency assistance is not acted upon by DILJD or the W-2 agency
with reasonable promptness after the filing of the application or is denied in whole
or in part, or who believes that the assistance amount was calculated incorrectly, may
petition DILJD or the W-2 agency for a review of that action.
Currently, a W-2 participant in a community service job receives a monthly
grant of $555, reduced by $4.25 for each hour of work or education or training activity
missed without good cause. A participant in a transitional placement (a placement
for an individual unable to participate in a trial or community service job) receives
a monthly grant of $518, reduced by $4.25 for each hour of work or education or
training activity missed without good cause. The grant is paid by the W-2 agency.
The grant to a custodial parent of an infant that is 12 weeks old or younger is not
subject to reduction.
Under this bill, the grant amount for community service jobs and for an eligible
custodial parent of a 12-week old or younger infant is increased to $673 per month
and the grant amount for a transitional placement is increased to $628 per month.
These amounts are reduced by $5.15 for every hour that the participant fails to
participate in any activity required for the participant's placement.
The bill also provides that DILJD may make the benefit payments for a
community service job and transitional placement and payments to a custodial
parent of an infant by an electronic funds transfer system.
Under current law, a person may be licensed by DHFS or certified by a county
department as a family day care provider. Certification by a county department
must be done in accordance with rules promulgated by DHFS. Under
1995
Wisconsin Act 404, the duties of DHFS primarily related to the administration of
child care programs were transferred to DILJD. This bill requires that DILJD,
rather than DHFS, promulgate the rules related to certification of family day care
providers.
Currently, DILJD administers an at-risk and low-income child care program,
under which low-income families and families who are at risk of receiving AFDC
receive child care subsidies. The program expires 6 months after the date that
DILJD publishes in the Wisconsin Administrative Register as the statewide
implementation date of W-2. This bill eliminates the program on October 1, 1997.
The bill also modifies provisions of the W-2 child care program to allow for the
distribution of funds to county departments that provide W-2 child care services and
to private agencies that provide W-2 child care for children of migrant workers.
Counties may not use more than the greater of $20,000 or 5% of those funds for
administrative purposes. Under the bill, counties may determine the method by
which they will provide or pay for W-2 child care. No payment may be made from
the funds distributed by DILJD for child care provided to a child with whom the child
care provider resides.
Under current law, a custodial parent of a child who is under the age of 13, or
a person who, under the kinship care program, provides care and maintenance to a
child who is under the age of 13, may receive a child care subsidy if he or she meets
certain eligibility criteria.
This bill extends eligibility for a child care subsidy to a minor parent who is not
subject to the school attendance requirement but who needs child care in order to
obtain a high school diploma or participate in a course of study meeting the
standards established by the state superintendent of public instruction. The bill also
extends eligibility for a child care subsidy to a person who needs child care in order
to participate in any required job orientation or job search under the W-2 work
program.
Finally, under current law, DILJD is required to set the reimbursement rate for
licensed and certified child care providers. DILJD may also establish a system of
rates for child care programs that exceed the quality of care standards required for
licensure or for certification. Under this bill, counties are required to set the rates,
subject to the approval of DILJD. DILJD is required to promulgate rules to establish
quality of care standards for child care providers that are higher than the quality of
care standards required for licensure or for certification and may promulgate rules
to establish a system of rates or a program of grants for those child care providers.
Under current law, DILJD is required to make a monthly payment for child care
for a dependent child of an individual who is subject to the school attendance
requirement under the learnfare program or for a child of a person who is under 20
years of age who wants to attend school. (Under the learnfare program, an individual
who is a dependent child in a W-2 group that includes a participant in a W-2
employment position or who receives AFDC is required, with certain exceptions, to
attend school if the individual is 13 to 19 years of age or, beginning on the first day
of the fall 1997 school year, is 16 to 19 years of age.)
This bill limits the school attendance requirements under the learnfare
program to individuals who are 6 to 17 years of age. The bill also eliminates the
requirement that DILJD make a payment for child care for a person under the age
of 20 who wants to attend school.
Under current law, DILJD is required to make a periodic check of the earned
income of a recipient of AFDC by checking the amounts credited to the recipient's
social security number. This bill requires DILJD to make a periodic check of the
amounts earned by participants under W-2.
This bill requires DILJD to include investigation of suspected fraudulent
activity on the part of participants in W-2 as part of its program to investigate
fraudulent activity under certain public assistance programs. The bill also requires
DILJD to recover overpayments for low-income, at-risk and W-2 child care. Under
the bill, a county, tribal governing body or W-2 agency may retain 15% of the child
care benefits that are recovered due to the efforts of an employe or officer of the
county, tribe or W-2 agency. The county, tribe or W-2 agency may not retain any
amount from recovered benefits that had been provided because of state, county,
tribal governing body or W-2 agency error.
Under current law, the W-2 health plan does not cover over-the-counter drugs,
except insulin. This bill provides that the W-2 health plan may cover an
over-the-counter drug if DHFS determines that the over-the-counter drug is more
cost-effective than the prescription equivalent.
Support, paternity and other family matters
Under current law, many state agencies and boards issue licenses, permits or
other credentials for professional or occupational purposes. In addition, the
department of natural resources (DNR) issues fish and game licenses for
recreational purposes. This bill requires an applicant for the issuance or renewal of
a professional or occupational license, if the applicant is an individual, to provide his
or her social security number. The issuing agency or board must refuse to issue or
renew the license if an applicant does not provide a social security number. For
recreational fish and game licenses issued by DNR, DNR must require an applicant
who is an individual to provide his or her driver's license number and must refuse
to issue or renew the fish and game license if the applicant does not do so, subject to
conditions which must be specified in a memorandum of understanding between
DNR and DILJD (see below). An agency or board that obtains an individual's social
security number from a license application may release the social security number
only to DILJD for purposes of DILJD's administration of the child and spousal
support and establishment of paternity and medical support liability program under
current law.
Under current law, if an individual who has been ordered by a court to pay child
or family support or spousal support (maintenance) fails to pay the amount ordered,
the court may enforce the judgment or order by any appropriate remedy, including
contempt of court, garnishment of the individual's wages and suspension of the
individual's operating privilege. Also under current law, if an individual fails to
make any court-ordered payments of child or family support, maintenance or other
support-related payments, DILJD may certify the delinquency to the department of
revenue (DOR) and DOR may withhold the delinquent amount from any income tax
that would be refunded to the individual.
This bill requires DILJD to establish a system under which operating privileges
and state occupational, professional and recreational licenses, permits or other
credentials (licenses) are withheld, nonrenewed, restricted or suspended by the state
agency or other entity that issues the operating privilege or license for failure to pay
court-ordered payments of child or family support, maintenance or other
support-related payments. The bill requires DILJD and each issuing agency or
other entity to enter into a memorandum of understanding related to the
requirements for withholding, nonrenewing, restricting or suspending operating
privileges or licenses, the procedures to be used and safeguards for keeping
information about individuals, including social security numbers, confidential. The
procedures must include adequate notice to the individual who owes the delinquent
payments, an opportunity to pay the delinquent amount or make alternative
payment arrangements before any action is taken with respect to the individual's
operating privilege or license, an opportunity for a hearing before a court or family
court commissioner on the issue of whether the individual owes the amount of
court-ordered payments that is, or will be, certified by DILJD and reinstatement of
the individual's operating privilege or license upon payment of the delinquent
amount or making satisfactory alternative payment arrangements.
Under current law, a petition in an action affecting the family, such as a divorce
or child support action, must include the social security numbers of the parties. This
bill requires that all written judgments in actions affecting the family include the
social security numbers of the parties and of any child of the parties.
Under current law, each clerk of circuit court must forward to the state registrar
on a biweekly basis a report of every divorce or annulment that was granted in the
clerk's court during that period. The clerk is also required to submit to the state
registrar a report of paternity determination within 30 days after entry of a paternity
judgment. The report must include the name and date and place of birth of the
adjudicated father. This bill requires the divorce and annulment report to include
the social security numbers of the parties to the divorce or annulment and of any
child of the parties and requires the paternity report to include the social security
numbers of the adjudicated father, the mother and the child. The bill also requires
that the social security numbers of persons signing a statement acknowledging
paternity (the mother of the child and the man acknowledging paternity) be included
on the statement form.
Under current law, an application for a marriage license and a marriage
document (which consists of the marriage license, the marriage certificate and
confidential information collected for statistical purposes) must contain any
information that DHFS directs. This bill requires that the social security numbers
of the parties be included on the application and on the marriage document.
Under current law, generally only after a man has been adjudicated to be the
father of a nonmarital child in a paternity action may any orders related to the child,
such as orders for the payment of child support or for custody or physical placement
rights, be made with respect to the man. However, if the man has signed and filed
with the state registrar a statement acknowledging paternity, a judge or family court
commissioner may order the man to pay child support in any action affecting the
family, such as an action for support. The action need not be a paternity action.
Within one year after signing a statement acknowledging paternity or one year after
attaining age 18, whichever is later, a person who signed the statement, which may
be either the man or the mother of the child, may request that the judge or family
court commissioner order genetic tests. If the results of the genetic tests exclude the
man as the father of the child, the court must dismiss any action for support, or
vacate any order for support, with respect to the man.
Under this bill, a statement acknowledging paternity that is signed and filed
with the state registrar on or after January 1, 1998, may be rescinded by either party
who signed the statement by filing a document prescribed by the state registrar for
that purpose before the earlier of the day on which a court makes an order in an
action affecting the family with respect to the man and child or 60 days after the
statement was filed. If either party who signed the statement was a minor when the
statement was filed, either party may rescind the statement before the earlier of the
day on which a court makes an order in an action affecting the family with respect
to the man and child or 60 days after the person who was a minor when the statement
was filed attains age 18. If the statement is not timely rescinded, the filed statement
becomes a conclusive determination of paternity with the same effect as a judgment
of paternity. A determination of paternity on the basis of a filed statement may be
voided by a court only upon a showing of fraud, duress or mistake of fact.
The bill provides that an action affecting the family that seeks to establish a
support obligation for, or custody, physical placement or visitation rights to, a child
may be brought with respect to parties who signed and filed a statement
acknowledging paternity with regard to the child. If the statement has not been
rescinded and the parties had notice of the hearing in the matter, the court or family
court commissioner may make the same orders that may be made in paternity
actions, including orders concerning child support, legal custody, physical placement
and the child's health care expenses.
Current law provides that in a paternity action, the mother of the child is to
have sole legal custody unless the court orders otherwise. This bill provides that, in
both paternity actions and actions based on a statement acknowledging paternity,
the mother of the child is to have sole legal custody if the father does not request legal
custody. If the father requests legal custody, the court or family court commissioner
must use the same factors in determining legal custody that are used in divorce
actions.
A party that signed and filed a statement before January 1, 1998, may sign and
file a new one on or after that date. In that case, the previous statement is
superseded, and the new statement becomes a conclusive determination of paternity
upon the expiration of the time during which the new statement may be rescinded.
This bill provides that, if a person fails to pay any amount of court-ordered child
support, family support, maintenance or medical or birth expenses, the amount is a
lien in favor of DILJD upon all property of the person. The lien is effective at the time
that the support is due. At least annually, DILJD must provide a statewide listing
of delinquent support obligations to each clerk of circuit court and to each state
agency that titles personal property. If a delinquent obligation is included in a listing
provided by DILJD, DILJD must provide notice to the obligor that a lien on the
obligor's property is in effect and that the obligor may, within a 20-day period,
request a court hearing on the issue.
The bill grants DILJD general power to levy against (seek to recover) property
of the obligor to enforce the lien. The procedures for levying against the obligor's
property vary depending upon whether the property is an account at a financial
institution, other personal property or real property:
1. Financial accounts. The bill creates a financial records matching program
to identify accounts of delinquent obligors (see Commerce and economic
development, commerce). To enforce a lien against an account at a financial
institution, DILJD must send notice to the institution instructing the institution to
"freeze" the obligor's accounts at the institution in an amount equal to the amount
of the delinquency, plus estimated levy fees and costs and financial institution fees.
DILJD must also send a notice to the obligor, stating the amount of owed support and
that one or more of the obligor's accounts at the financial institution named in the
notice have been frozen, and that, unless the obligor requests a hearing within 20
business days, DILJD will direct the financial institution to pay the support owed
from the accounts. If no hearing is requested or if it is determined, after hearing, that
the support is owed, DILJD may direct the financial institution to pay the amounts
owed from the obligor's accounts.
2. Other personal property. DILJD may levy against other personal property
by seizing the property. DILJD must immediately notify the obligor, and any person
known to have a lien on the property, that the property has been seized. The notice
must inform the obligor that he or she may, within 20 business days, request a
hearing on whether the support was owed and whether the property was wrongfully
seized. The hearing is with the court or family court commissioner issuing the order
to pay the support. If a hearing is not requested or if the issue is not decided in favor
of the person whose property was seized, DILJD must send a notice to the obligor of
the time and place where the property will be sold. The property may be redeemed
prior to the sale by paying the amount owed.
