AB378,33,6
548.48 (title)
Authority of department
of health and family services. 6(intro.) The department
of health and family services shall have authority:
Note: Effective July 1, 1996, s. 48.02 (4) defines "department" to mean the
department of health and family services when used in ch. 48.
AB378,33,15
948.55 State adoption information exchange. The department shall
10establish a state adoption information exchange for the purpose of finding adoptive
11homes for children with special needs who do not have permanent homes. The
12department shall adopt rules governing the adoption information exchange and,
13from the appropriation under s. 20.435
(6) (3) (dg), may provide not more than
14$75,000 in each fiscal year as grants to individuals and private agencies for adoption
15information exchange services.
AB378,34,318
48.57
(3m) (am) 4. The county department conducts a background
19investigation under sub. (3p) of the kinship care relative,
the employes any employe 20and prospective
employes employe of the kinship care relative who
have has or would
21have regular contact with the child for whom the payments would be made and any
22other adult resident of the kinship care relative's home to determine if the kinship
1care relative
, employe, prospective employe or adult resident has any arrests or
2convictions that could adversely affect the child or the kinship care relative's ability
3to care for the child.
Note: Adds and amends language for internal consistency.
AB378,34,86
48.57
(3m) (b) 1. The county department shall refer to the attorney responsible
7for support enforcement under s.
59.458 (1) 59.53 (6) (a) the name of the parent or
8parents of a child for whom a payment is made under par. (am).
AB378,34,1711
48.57
(3p) (c) 3. Before a person
that
who is receiving payments under sub. (3m)
12may employ any person in a position in which that person would have regular contact
13with the child for whom those payments are being made or permit any person to be
14an adult resident, the county department, with the assistance of the department of
15justice, shall conduct a background investigation of the prospective employe or
16prospective adult resident unless that person has already been investigated under
17subd. 1. or 2.
Note: Inserts correct word.
AB378,35,220
48.57
(3p) (g) 1. The person has been convicted of a violation of ch.
161 961 that
21is punishable as a felony or of a violation of the law of any other state or federal law
1that would be a violation of ch.
161 961 that is punishable as a felony if committed
2in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378,35,95
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
6in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a
7violation of the law of any other state or federal law under circumstances under
8which the
applicant or other person would be subject to a penalty specified in any of
9those sections if convicted in this state.
Note: Deletes unnecessary phrase. "Person" would include an applicant.
AB378,35,2312
48.57
(3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
13948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or
14of a violation of the law of any other state or federal law that would be a violation of
15ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63
16or 948.70, if committed in this state, except that the
county department may make
17payments to a person applying for payments under sub. (3m) and a person receiving
18payments under sub. (3m) may employ in a position in which the person would have
19regular contact with the child for whom those payments are being made or permit
20to be an adult resident a person who has been convicted of a violation of s. 944.30,
21944.31 or 944.33 or of a violation of the law of any other state or federal law that
22would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that
23violation occurred 20 years or more before the date of the investigation.
Note: Amends provision consistent with the amendments to s. 48.57 (3m) and (3p)
(g) (intro.) by
1995 Wis. Act 289 effective July 1, 1997.
AB378,36,63
48.65
(1m) (g) 1. The person has been convicted of a violation of ch.
161 961 4that is punishable as a felony or of a violation of the law of any other state or federal
5law that would be a violation of ch.
161 961 that is punishable as a felony if committed
6in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378,36,129
48.651
(2) (g) 1. The person has been convicted of a violation of ch.
161 961 that
10is punishable as a felony or of a violation of the law of any other state or federal law
11that would be a violation of ch.
161 961 that is punishable as a felony if committed
12in this state.
Note: Inserts correct cross-references. Chapter 161 was renumbered to ch. 961
by
1995 Wis. Act 448.
AB378, s. 114
13Section
114. 48.675 (3) (intro.) of the statutes is amended to read:
AB378,36,1814
48.675
(3) Support services. (intro.) The department shall provide funds
15from the
appropriations appropriation under s. 20.435
(3) (ho) and (6) (a) to enable
16foster parents and treatment foster parents to attend education programs approved
17under sub. (2) and shall promulgate rules concerning disbursement of the funds.
18Moneys disbursed under this subsection may be used for the following purposes:
AB378, s. 115
19Section
115. 48.92 (2) of the statutes is amended to read:
AB378,37,6
148.92
(2) After the order of adoption is entered the relationship of parent and
2child between the adopted person and the
adoptive
adopted person's birth parents,
3unless the birth parent is the spouse of the adoptive parent, shall be completely
4altered and all the rights, duties and other legal consequences of the relationship
5shall cease to exist. Notwithstanding the extinction of all parental rights under this
6subsection, a court may order reasonable visitation under s. 48.925.
AB378,37,139
48.977
(4) (cm) 2. If the petition is not contested and if the court accepts the plea
10of no contest, the court may immediately proceed to a dispositional hearing under
11par.
(f) (fm), unless an adjournment is requested. If a party requests an adjournment,
12the court shall set a date for the dispositional hearing which allows reasonable time
13for the parties to prepare but is no more than 30 days after the plea hearing.
Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional
hearings are under s. 48.977 (4) (fm).
AB378,37,1916
48.977
(4) (cm) 3. If the petition is contested or if the court does not accept the
17plead plea of no contest, the court shall set a date for a fact-finding hearing under
18par. (d) which allows reasonable time for the parties to prepare but is not more than
1930 days after the plea hearing.
Note: Inserts correct word.
AB378,38,6
148.977
(4) (e)
Court report. The court shall order the person or agency primarily
2responsible for providing services to the child under a court order to file with the
3court a report containing the written summary under s. 48.38 (5) (e) and as much
4information relating to the appointment of a guardian as is reasonably
5ascertainable. The agency shall file the report at least 48 hours before the date of
6the dispositional hearing under par.
(f) (fm).
Note: Inserts correct cross-reference. There is no s. 48.977 (4) (f). Dispositional
hearings are under s. 48.977 (4) (fm).
AB378, s. 119
7Section
119. 49.025 (3) of the statutes is amended to read:
AB378,38,118
49.025
(3) Use of relief block grant funds. A county may use moneys received
9as a relief block grant only for the purpose of providing health care services to
10dependent persons.
Notwithstanding s. 49.01 (2g), health care services may include
11treatment services for alcohol and other drug abuse.
Note: Deletes language inadvertently inserted into the wrong provision.
AB378,38,1714
49.19
(11s) (d) From the appropriation under s.
20.435 (4) 20.445 (3) (a), the
15department may award grants to county departments under ss. 46.215, 46.22 and
1646.23 for providing family planning education services to persons who are subject to
17par. (b).
Note: 1995 Wis. Act 27 renumbered s. 20.435 (4) (a) to be s. 20.445 (3) (a) effective
7-1-96.
AB378,39,520
49.193
(3m) (c) The department may require any adult applicant for aid under
21s. 49.19 to attend one or more orientation sessions offered during the 30-day period
22beginning on the date that the caretaker relative applies for aid under s. 49.19.
1Orientation sessions offered under this paragraph shall emphasize self-sufficiency
2and shall encourage applicants to consider alternatives to aid under s. 49.19. The
3department may not require an applicant for aid who would be subject to the school
4attendance requirement under s.
49.50 (7) 49.26 (1) (g) to attend an orientation
5session under this paragraph at a time that would conflict with school attendance.
Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) eff. 7-1-96.
AB378,39,158
49.193
(3m) (d) The department may require any adult applicant for aid under
9s. 49.19 who is required to participate in the program under this section to
10participate in job search activities under this paragraph. The department may
11require participation in not more than 30 days of job search activities under this
12paragraph. The department may not require an applicant for aid who would be
13subject to the school attendance requirement under s.
49.50 (7) 49.26 (1) (g) to
14participate in any job search activity under this paragraph at a time that would
15conflict with school attendance.
Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) effective
7-1-96.
AB378,39,2318
49.197
(3) State error reduction activities. The department shall conduct
19activities to reduce payment errors in medical assistance under subch. IV, Wisconsin
20works under ss. 49.141 to 49.161, aid to families with dependent children under s.
2149.19 and the food stamp program under
7 USC 2011 to
2029. The department shall
22fund the activities under this section from the appropriation under s. 20.445
(4) (3) 23(L).
AB378,40,3
1NOTE: The stricken "(4)" was inserted by
1995 Wis. Act 289 without being
2underscored and underscored "(3)" was deleted without being stricken. No change was
3intended.
AB378, s. 124
4Section
124. 49.27 (5) (d) of the statutes is amended to read:
AB378,40,255
49.27
(5) (d)
Participation requirements. Within a 2-month period beginning
6on the work-not-welfare group's enrollment date, each member of the
7work-not-welfare group who is subject to the employment and training program
8described in this subsection shall participate in orientation activities under sub. (10)
9(d) 2. Beginning on the first day of the month following the completion of the
10orientation activities under sub. (10) (d) 2., each member of the work-not-welfare
11group who is subject to the employment and training program described in this
12subsection is required to participate in the employment and training program for a
13specified number of hours each month. The number of hours of participation
14required shall be based on the amount of the monthly benefit determined under sub.
15(4) that is paid to the work-not-welfare group and on the number of persons in the
16work-not-welfare group who are subject to the
the employment and training
17program described in this subsection. The department shall promulgate a rule
18specifying the manner in which the number of required hours is to be calculated. No
19person may be required to spend more than 40 hours per week participating in the
20employment and training program described under this subsection. The number of
21hours of participation required under this paragraph may not exceed the number of
22hours that a person is assigned under sub. (10) (d) 3. If the person needs child care
23services, the number of hours of participation required under this paragraph also
24may not exceed the number of hours for which child care is made available under sub.
25(10) (d) 3.
Note: Deletes repeated word.
AB378,41,133
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
4administering aid to families with dependent children shall maintain a monthly
5report at its office showing the names of all persons receiving such aid together with
6the amount paid during the preceding month. Each Wisconsin works agency
7administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly
8report at its office showing the names and addresses of all persons receiving benefits
9under s. 49.148 together with the amount paid during the preceding month. Nothing
10in this paragraph shall be construed to authorize or require the disclosure in the
11report of any information (names, amounts of aid or otherwise) pertaining to
12adoptions, or aid furnished for the care of children in foster homes or treatment foster
13homes under s.
42.261 46.261 or 49.19 (10).
Note: Inserts correct cross-reference.
AB378,42,1416
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
17times during regular office hours and may be destroyed after the next succeeding
18report becomes available. Any person, except any public officer, seeking permission
19to inspect such report shall be required to prove his or her identity and to sign a
20statement setting forth his or her address and the reasons for making the request
21and indicating that he or she understands the provisions of par. (c) with respect to
22the use of the information obtained. The use of a fictitious name is a violation of this
23section.
or Wisconsin works agency Within 7 days after the record is inspected, or
24on the next regularly scheduled communication with that person, whichever is
1sooner, the department shall notify each person whose name and amount of aid was
2inspected that the record was inspected and of the name and address of the person
3making such inspection. County departments under ss. 46.215 and 46.22
4administering aid to families with dependent children may withhold the right to
5inspect the name of and amount paid to recipients from private individuals who are
6not inspecting this information for purposes related to public, educational,
7organizational, governmental or research purposes until the person whose record is
8to be inspected is notified by the county department, but in no case may the
9department withhold this information for more than 5 working days. The county
10department or Wisconsin works agency shall keep a record of such requests. The
11record shall indicate the name, address, employer and telephone number of the
12person making the request. If the person refuses to provide his or her name, address,
13employer and telephone number, the request to inspect this information may be
14denied.
AB378,42,2017
49.37
(1) (a) A person who lives in either of the 2 areas is eligible to enter the
18project if he or she is at least 18 years of age and has a family income below 200% of
19the poverty line, as defined in s.
49.01 (6m) 49.001 (5), for a family the size of the
20person's family.
Note: 1995 Wis. Act 27 renumbered s. 49.01 (6m) to be s. 49.001 (5) effective
7-1-96.
AB378,43,13
149.45
(6s) S
upplemental payments to county homes. Notwithstanding sub.
2(6m), the department shall, from the appropriation under s. 20.435 (1) (o), distribute
3not more than $20,000,000 in fiscal year 1995-96 and not more than $20,000,000 in
4fiscal year 1996-97, to provide supplemental payments for care to recipients of
5medical assistance provided in county homes established under s.
49.14 49.70 (1),
6except that the department shall also distribute for this same purpose from the
7appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds
8that were not anticipated before enactment of the biennial budget act or other
9legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate
10increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u)
11(b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u)
12(b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed
13care.
Note: 1995 Wis. Act 27 renumbered s. 49.14 (1) to be s. 49.70 (1) effective 7-1-96.
AB378, s. 129
14Section
129. 49.453 (2) (a) 2. of the statutes is amended to read:
AB378,43,1615
49.453
(2) (a) 2. For a level of care in a medical
institutional institution 16equivalent to that of a nursing facility.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,44,233
49.855
(3) Receipt of a certification by the department of revenue shall
4constitute a lien, equal to the amount certified, on any state tax refunds or credits
5owed to the obligor. The lien shall be foreclosed by the department of revenue as a
6setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
7that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
8obligor that the state intends to reduce any state tax refund or credit due the obligor
9by the amount the obligor is delinquent under the support or maintenance order, by
10the outstanding amount for past support, medical expenses or birth expenses under
11the court order or by the amount due under s. 46.10 (4). The notice shall provide that
12within 20 days the obligor may request a hearing before the circuit court rendering
13the order. Within 10 days after receiving a request for hearing under this subsection,
14the court shall set the matter for hearing. Pending further order by the court or
15family court commissioner, the clerk of circuit court or county support collection
16designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's
17state tax refund or credit. The family court commissioner may conduct the hearing.
18The sole issues at that hearing shall be whether the obligor owes the amount certified
19and, if not and it is a support or maintenance order, whether the money withheld
20from a tax refund or credit shall be paid to the obligor or held for future support or
21maintenance. An obligor may, within 20 days of receiving notice that the amount
22certified shall be withheld from his or her federal tax refund or credit, request a
23hearing under this subsection.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
AB378,45,183
49.855
(4) The department of revenue shall send that portion of any state or
4federal tax refunds or credits withheld for delinquent child support or maintenance
5or past support, medical expenses or birth expenses to the department of workforce
6development for distribution to the appropriate clerk of circuit court or county
7support collection designee under s. 59.53 (5m). The department of workforce
8development shall make a settlement at least annually with the department of
9revenue and with each clerk of circuit court or county support collection designee
10under s. 59.53 (5m) who has certified a delinquent obligation or outstanding amount
11for past support, medical expenses or birth expenses. The settlement shall state the
12amounts certified, the amounts deducted from tax refunds and credits and returned
13to the clerk of circuit court or county support collection designee under s. 59.53 (5m)
14and the administrative costs incurred by the department of revenue. The
15department of workforce development may charge the county whose clerk of circuit
16court or
county support collection designee under s. 59.53 (5m) certified the
17obligation or outstanding amount the related administrative costs incurred by the
18department of workforce development and the department of revenue.
Note: 1995 Wis. Act 404 inserted "county" without showing it underscored. The
change is consistent with the remainder of this provision.