AB602,14,95
48.57
(3p) (a) In this subsection, "adult resident" means a person 18 years of
6age or over who lives at the home of a person who has applied for or is receiving
7payments under sub. (3m)
or (3n) with the intent of making that home his or her
8home or who lives for more than 30 days cumulative in any 6-month period at the
9home of a person who has applied for or is receiving payments under sub. (3m)
or (3n).
Note: With respect to the definition of "adult resident" for purposes of criminal
background investigations, reflects the creation of the long-term kinship care program
by this bill.
AB602, s. 11
10Section
11
. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB602,14,1311
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m)
12or (3n), the county department, with the assistance of the department of justice, shall
13conduct a background investigation of the applicant.
Note: Requires the county department to conduct a criminal background
investigation of an applicant for long-term kinship care payments.
AB602, s. 12
14Section
12. 48.57 (3p) (b) 3. of the statutes is created to read:
AB602,15,215
48.57
(3p) (b) 3. The county department, with the assistance of the department
16of justice, may conduct a background investigation of any person who is receiving
1payments under sub. (3n) at any time that the county department considers to be
2appropriate.
Note: Permits the county department to conduct a criminal background
investigation of a long-term kinship care relative at any time that the county department
considers to be appropriate.
AB602, s. 13
3Section
13. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB602,15,94
48.57
(3p) (c) 1. After receipt of an application for payments under sub. (3m)
5or (3n), the county department, with the assistance of the department of justice,
6shall, in addition to the investigation under par. (b)
1., conduct a background
7investigation of all employes and prospective employes of the applicant who have or
8would have regular contact with the child for whom those payments are being made
9and of each adult resident.
Note: Requires the county department to conduct criminal background
investigations of the employes and prospective employes of a long-term kinship care
relative who have or would have regular contact with the child and of the adult residents
of a long-term kinship care relative's home.
AB602, s. 14
10Section
14. 48.57 (3p) (c) 2m. of the statutes is created to read:
AB602,15,1611
48.57
(3p) (c) 2m. The county department, with the assistance of the
12department of justice, may conduct a background investigation of any of the
13employes or prospective employes of any person who is receiving payments under
14sub. (3n) who have or would have regular contact with the child for whom payments
15are being made and of each adult resident at any time that the county department
16considers to be appropriate.
Note: Permits the county department to conduct a criminal background
investigation of a long-term kinship care relative's employes or prospective employes
who have or would have regular contact with the child or any adult resident of the
long-term kinship care relative's home at any time the county department considers to
be appropriate.
AB602, s. 15
17Section
15. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB602,16,7
148.57
(3p) (c) 3. Before a person
that who is receiving payments under sub. (3m)
2or (3n) may employ any person in a position in which that person would have regular
3contact with the child for whom those payments are being made or permit any person
4to be an adult resident, the county department, with the assistance of the
5department of justice, shall conduct a background investigation of the prospective
6employe or prospective adult resident unless that person has already been
7investigated under subd. 1.
or, 2.
or 2m.
Note: Requires the county department to conduct a criminal background
investigation of any prospective employe of a long-term kinship care relative who would
have regular contact with the child and of any prospective adult resident of the long-term
kinship care relative's home before the long-term kinship care relative may employ the
person or permit the person to reside in his or her home.
AB602, s. 16
8Section
16
. 48.57 (3p) (fm) 1m. of the statutes is created to read:
AB602,16,229
48.57
(3p) (fm) 1m. The county department may not enter into the agreement
10under sub. (3n) (am) 6. unless that county department receives information from the
11department of justice relating to the conviction record of the applicant under the law
12of this state and that record indicates either that the applicant has not been arrested
13or convicted or that the applicant has been arrested or convicted but the director of
14the county department determines that the conviction record is satisfactory because
15it does not include any arrest or conviction that the director determines is likely to
16adversely affect the child or the long-term kinship care relative's ability to care for
17the child. The county department may make payments under sub. (3n) conditioned
18on the receipt of information from the federal bureau of investigation indicating that
19the person's conviction record under the law of any other state or under federal law
20is satisfactory because the conviction record does not include any arrest or conviction
21that the director of the county department determines is likely to adversely affect the
22child or the long-term kinship care relative's ability to care for the child.
Note: See the Note following
Section 18.
AB602, s. 17
1Section
17. 48.57 (3p) (fm) 2m. of the statutes is created to read:
AB602,18,32
48.57
(3p) (fm) 2m. A person receiving payments under sub. (3n) may
3provisionally employ a person in a position in which that person would have regular
4contact with the child for whom those payments are being made or provisionally
5permit a person to be an adult resident if the person receiving those payments states
6to the county department that, to the best of his or her knowledge, the employe or
7adult resident does not have any arrests or convictions that could adversely affect the
8child or the ability of the person receiving payments to care for the child. A person
9receiving payment under sub. (3n) may not finally employ a person in a position in
10which that person would have regular contact with the child for whom those
11payments are being made or finally permit a person to be an adult resident until the
12county department receives information from the department of justice relating to
13the person's conviction record under the law of this state and that record indicates
14either that the person has not been arrested or convicted or that the person has been
15arrested or convicted but the director of the county department determines that the
16conviction record is satisfactory because it does not include any arrest or conviction
17that is likely to adversely affect the child or the long-term kinship care relative's
18ability to care for the child and the county department so advises the person receiving
19payments under sub. (3n). A person receiving payments under sub. (3n) may finally
20employ a person in a position in which that person would have regular contact with
21the child for whom those payments are being made or finally permit a person to be
22an adult resident conditioned on the receipt of information from the county
23department that the federal bureau of investigation indicates that the person's
24conviction record under the law of any other state or under federal law is satisfactory
1because the conviction record does not include any arrest or conviction that the
2director of the county department determines is likely to adversely affect the child
3or the long-term kinship care relative's ability to care for the child.
Note: See the Note following the
Section 18.
AB602, s. 18
4Section
18
. 48.57 (3p) (h) of the statutes is created to read:
AB602,18,115
48.57
(3p) (h) A county department may not make payments to a person under
6sub. (3n) and a person receiving payments under sub. (3n) may not employ a person
7in a position in which that person would have regular contact with the child for whom
8payments are being made or permit a person to be an adult resident if the director
9of the county department determines that the person has any arrest or conviction
10that is likely to adversely affect the child or the long-term kinship care relative's
11ability to care for the child.
Note: The previous 3 Sections create provisions which are similar to the criminal
background investigation provisions under the kinship care program under s. 48.57 (3m),
stats., but differ in that kinship care payments may not be made if either the person
applying for kinship care payments, a person permitted to be an adult resident in the
home of the kinship care relative or a person employed by the kinship care relative in a
position in which that employe would have regular contact with the child has been
convicted of certain crimes which are specified in s. 48.57 (3p) (g) 1. to 3., stats. In
contrast, conviction of one of those specified crimes does not result in automatic exclusion
for long-term kinship care payments. Rather, if there is a record of arrest or conviction,
a person may not receive long-term kinship care payments unless the director of the
county department determines that any arrest or conviction is not likely to adversely
affect the child or the long-term kinship care relative's ability to care for the child.
AB602, s. 19
12Section
19. 48.57 (3t) of the statutes is amended to read:
AB602,19,213
48.57
(3t) Notwithstanding subs. (3m)
, (3n) and (3p), the department may
14enter into an agreement with the governing body of a federally recognized American
15Indian tribe
or band to allow that governing body to administer the program under
16subs. (3m)
, (3n) and (3p) within the boundaries of that reservation.
Any such
17agreement with respect to administration of the program under sub. (3n) shall
1specify who is to make any determination as to whether a conviction record is
2satisfactory.
Note: Does the following:
1. Amends the provision which allows DHFS to enter into an agreement with an
Indian tribe to administer the kinship care program to add a parallel provision for the
long-term kinship care program and a parallel provision for an Indian
band.
2. Provides that with respect to the long-term kinship care program, the
agreement must specify who is to make the decision as to whether a conviction record is
satisfactory.
AB602, s. 20
3Section
20. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
AB602,19,74
49.155
(1m) (a) (intro.) The individual is a custodial parent of a child who is
5under the age of 13, or is a person who, under s. 48.57 (3m)
or (3n), is providing care
6and maintenance for a child who is under the age of 13, and child care services for
7that child are needed in order for the individual to do any of the following:
Note: Current law provides, in pertinent part, that a kinship care relative who is
providing care and maintenance for a child who is under age 13 may be eligible for a
Wisconsin works child care subsidy under certain circumstances. This bill adds a parallel
provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as
created by the bill.
AB602, s. 21
8Section
21. 49.22 (6) of the statutes is amended to read:
AB602,19,179
49.22
(6) The department shall establish, pursuant to federal and state laws,
10rules and regulations, a uniform system of fees for services provided under this
11section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits
12under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care
13payments under s. 48.57 (3m)
or long-term kinship care payments under s. 48.57
14(3n). The system of fees may take into account an individual's ability to pay. Any fee
15paid and collected under this subsection may be retained by the county providing the
16service except for the fee specified in
42 USC 653 (e) (2) for federal parent locator
17services.
Note: Current law provides that the uniform system of fees established by DHFS
for services under s. 49.22, stats., that is, for services related to the child and spousal
support and establishment of paternity and medical liability support program, do not
apply to certain persons, including individuals receiving kinship care payments under s.
48.57 (3m), stats. This bill adds a parallel provision for individuals receiving long-term
kinship care payments under s. 48.57 (3n), stats., as created by the bill.
AB602, s. 22
1Section
22. 49.22 (7m) of the statutes is amended to read:
AB602,20,112
49.22
(7m) The department may contract with or employ a collection agency
3or other person to enforce a support obligation of a parent who is delinquent in
4making support payments and may contract with or employ an attorney to appear
5in an action in state or federal court to enforce such an obligation. To pay for the
6department's administrative costs of implementing this subsection, the department
7may charge a fee to counties, retain up to 50% of any incentive payment made to this
8state under
42 USC 658 for a collection under this subsection, and retain 30% of this
9state's share of a collection made under this subsection on behalf of a recipient of aid
10to families with dependent children or a recipient of kinship care payments under
11s. 48.57 (3m)
or long-term kinship care payments under s. 48.57 (3n).
Note: With respect to collections made under the child and spousal support
enforcement program, adds a provision to include collections made on behalf of a recipient
of long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, on
the same basis as collections made on behalf of a recipient of kinship care payments under
s. 48.57 (3m), stats.
AB602, s. 23
12Section
23
. 49.23 (1) of the statutes is amended to read:
AB602,21,713
49.23
(1) From the appropriation under s. 20.445 (3) (cb), the department shall
14award grants to counties for programs to revise child support orders. Each county
15receiving a grant shall review child support orders awarded to persons who receive
16benefits under s. 48.57 (3m)
or (3n) or 49.148 or whose children receive benefits under
17s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m)
or (3n) or
1849.148 and whose children do not receive benefits under s. 49.19 and shall initiate
19actions to revise the orders based on that review. Each county receiving a grant shall
20review child support orders awarded to persons who receive benefits under s. 48.57
21(3m)
or (3n) or 49.148 or whose children receive benefits under s. 49.19 and child
1support orders awarded to persons who do not receive benefits under s. 48.57 (3m)
2or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 in
3proportion to the number of those 2 categories of orders in the county's child support
4case load. Before a county may initiate an action to revise a child support order under
5this subsection for a person who does not receive benefits under s. 48.57 (3m)
or (3n) 6or 49.148 and whose children do not receive benefits under s. 49.19, the custodial
7parent of the children must voluntarily consent to the revision.
Note: With respect to the child support order revision program, adds provisions to
include child support orders awarded to persons who receive long-term kinship care
payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child
support orders awarded to persons who receive kinship care payments under s. 48.57
(3m), stats.
AB602, s. 24
8Section
24
. 49.23 (2) (a) 1. of the statutes is amended to read:
AB602,21,139
49.23
(2) (a) 1. Provides an incentive for a county to increase its child support
10collections for persons who receive benefits under s. 48.57 (3m)
or (3n) or 49.148 or
11whose children receive benefits under s. 46.261 or 49.19 as well as for persons who
12do not receive benefits under s. 48.57 (3m)
or (3n) or 49.148 and whose children do
13not receive benefits under s. 46.261 or 49.19.
Note: With respect to the child support collection incentive program, adds
provisions to include child support collections for person who receive long-term kinship
care payments under s. 48.57 (3n), stats., as created by the bill, on the same basis as child
support collections for persons who receive kinship care payments under s. 48.57 (3m),
stats.
AB602, s. 25
14Section
25. 49.46 (1) (a) 5. of the statutes is amended to read:
AB602,21,1715
49.46
(1) (a) 5. Any child in an adoption assistance, foster care, kinship care
,
16long-term kinship care or treatment foster care placement under ch. 48 or 938, as
17determined by the department.
Note: See Note following the next
Section.
AB602, s. 26
18Section
26
. 49.46 (1) (a) 16. of the statutes is amended to read:
AB602,22,3
149.46
(1) (a) 16. Any child who is living with a relative who is eligible to receive
2payments under s. 48.57 (3m)
or (3n) with respect to that child, if the department
3determines that no other insurance is available to the child.
Note: Current law provides that certain individuals are eligible for MA, including
a child who is in a kinship care placement under ch. 48, stats., as determined by DHFS,
or a child who is living with a relative who is eligible to receive kinship care payments
with respect to the child, if DHFS determines that no other insurance is available to the
child. This bill adds a parallel provision for a long-term kinship care relative, as defined
in s. 48.57 (3n), stats., as created by this bill.
AB602, s. 27
4Section
27. 49.96 of the statutes is amended to read:
AB602,22,10
549.96 Assistance grants exempt from levy. All grants of aid to families with
6dependent children, payments made under ss. 48.57 (3m)
or (3n) or 49.148 (1) (b) to
749.159, payments made for social services, cash benefits paid by counties under s.
859.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every
9tax, and from execution, garnishment, attachment and every other process and shall
10be inalienable.
Note: Current law provides that certain types of assistance payments, including
kinship care payments under s. 48.57 (3m), stats., are exempt from levy. This bill adds
a parallel exemption for long-term kinship care payments under s. 48.57 (3n), stats., as
created by the bill.
AB602, s. 28
11Section
28. 767.045 (1) (c) 1. of the statutes is amended to read:
AB602,22,1612
767.045
(1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m)
or (3n), 49.19 or
1349.45 on behalf of the child, or benefits are provided to the child's custodial parent
14under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred
15by a statute of limitations from commencing an action under s. 767.45 on behalf of
16the child.
Note: With respect to the circumstances under which a guardian ad litem is
appointed for a child in an action involving the family when requested by the IV-D
attorney, adds a provision to require the court, if so requested, to appoint a guardian ad
litem, if long-term kinship care payments under s. 48.57 (3n), stats., as created by the
bill, are paid on behalf of the child on the same basis as if kinship care payments under
s. 48.57 (3m), stats., are paid on behalf of the child.
AB602, s. 29
17Section
29. 767.075 (1) (c) and (cm) of the statutes are amended to read:
AB602,23,3
1767.075
(1) (c) Whenever aid under s. 46.261, 48.57 (3m)
or (3n), 49.19 or 49.45
2is provided on behalf of a dependent child or benefits are provided to the child's
3custodial parent under ss. 49.141 to 49.161.
AB602,23,74
(cm) Whenever aid under s. 46.261, 48.57 (3m)
or (3n), 49.19 or 49.45 has, in
5the past, been provided on behalf of a dependent child, or benefits have, in the past,
6been provided to the child's custodial parent under ss. 49.141 to 49.161, and the
7child's family is eligible for continuing child support services under
45 CFR 302.33.
Note: With respect to the circumstances under which the state is a real party in
interest for purposes of establishing paternity and securing reimbursement of aid paid,
future support and costs as appropriate in an action affecting the family, adds a provision
to provide that the state is a real party in interest when long-term kinship care payments
under s. 48.57 (3n), stats., as created by the bill, are provided or in the past have been
provided on behalf of a dependent child on the same basis as the state is a real party in
interest when kinship care payments under s. 48.57 (3m), stats., are provided or in the
past have been provided on behalf of a dependent child.
AB602, s. 30
8Section
30. 767.077 (intro.) of the statutes is amended to read:
AB602,23,13
9767.077 Support for dependent child. (intro.) The state or its delegate
10under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
11(1) (f) or, if appropriate, for paternity determination and child support under s.
12767.45 whenever the child's right to support is assigned to the state under s. 46.261,
1348.57 (3m) (b) 2.
or (3n) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:
Note: With respect to when the state must bring an action for paternity
determination and child support, adds a provision to require the state to bring such an
action when the child's right to support is assigned to the state under the long-term
kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same
basis as the state is required to bring such an action when the child's right to support is
assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats.
AB602, s. 31
14Section
31. 767.078 (1) (a) 2. of the statutes is amended to read:
AB602,23,1615
767.078
(1) (a) 2. The child's right to support is assigned to the state under s.
1648.57 (3m) (b) 2.
or (3n) (b) 2. or 49.19 (4) (h) 1. b.
Note: With respect to orders for a parent to seek employment or to participate in
job training in a "case involving a dependent child", as defined in s. 767.078, stats.,
includes in that definition an action in which the child's right to support is assigned to
the state under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as
created by the bill, on the same basis as that definition includes an action in which the
child's right to support is assigned to the state under the kinship care program under s.
48.57 (3m) (b) 2., stats.
AB602, s. 32
1Section
32
. 767.29 (1m) (c) of the statutes is amended to read:
AB602,24,52
767.29
(1m) (c) The party entitled to the support or maintenance money has
3applied for or is receiving aid to families with dependent children and there is an
4assignment to the state under s.
48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. of the party's
5right to the support or maintenance money.
Note: See Note following the next
Section.
AB602, s. 33
6Section
33. 767.29 (1m) (cm) of the statutes is created to read:
AB602,24,117
767.29
(1m) (cm) A kinship care relative or a long-term kinship care relative
8of the child who is entitled to the support money has applied for or is receiving
9kinship care payments or long-term kinship care payments for that child and there
10is an assignment to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the child's right
11to the support money.
Note: With respect to the receipt and disbursement of child support and family
support payments, permits the clerk of court or the support collection designee to hold any
overpayment if a long-term kinship care relative of the child who is entitled to the
payment has applied for or is receiving long-term kinship care payments and there is an
assignment to the state of the child's right to support under the long-term kinship care
program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as the
clerk of court or the support collection designee may hold any overpayment if a kinship
care relative of the child who is entitled to the payment has applied for or is receiving
kinship care payments and there is an assignment to the state of the child's right to
support under the kinship care program under s. 48.57 (3m) (b) 2., stats.
AB602, s. 34
12Section
34. 767.29 (2) of the statutes is amended to read:
AB602,25,1513
767.29
(2) If any party entitled to maintenance payments or support money,
14or both, is receiving public assistance under ch. 49, the party may assign the party's
15right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
16assistance. Such assignment shall be approved by order of the court granting the
17maintenance payments or support money, and may be terminated in like manner;
1except that it shall not be terminated in cases where there is any delinquency in the
2amount of maintenance payments and support money previously ordered or
3adjudged to be paid to the assignee without the written consent of the assignee or
4upon notice to the assignee and hearing. When an assignment of maintenance
5payments or support money, or both, has been approved by the order, the assignee
6shall be deemed a real party in interest within s. 803.01 but solely for the purpose
7of securing payment of unpaid maintenance payments or support money adjudged
8or ordered to be paid, by participating in proceedings to secure the payment thereof.
9Notwithstanding assignment under this subsection, and without further order of the
10court, the clerk of court or support collection designee, upon receiving notice that a
11party or a minor child of the parties is receiving aid under s. 49.19
or that a kinship
12care relative or long-term kinship care relative of the minor child is receiving
13kinship care payments or long-term kinship care payments for the minor child, shall
14forward all support assigned under s. 48.57 (3m) (b) 2.
or (3n) (b) 2., 49.19 (4) (h) 1.
15or 49.45 (19) to the department.
Note: With respect to the receipt and disbursement of child support and family
support payments, requires the clerk of court or support collection designee, on receiving
notice that a long-term kinship care relative of a minor child who is entitled to child
support is receiving long-term kinship care payments, to forward all support assigned
under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by
the bill, to DHFS on the same basis as the clerk of court or support collection designee,
on receiving notice that a kinship care relative of a minor child who is entitled to child
support is receiving kinship care payments, forwards all support assigned under the
kinship care program under s. 48.57 (3m) (b) 2., stats., to DHFS.
AB602, s. 35
16Section
35
. 767.29 (4) of the statutes is amended to read:
AB602,26,317
767.29
(4) If an order or judgment providing for the support of one or more
18children not receiving aid under s. 48.57 (3m)
or (3n) or 49.19 includes support for
19a minor who is the beneficiary of aid under s. 48.57 (3m)
or (3n) or 49.19, any support
20payment made under the order or judgment is assigned to the state under s. 48.57
1(3m) (b) 2.
or (3n) (b) 2. or 49.19 (4) (h) 1. b. in the amount that is the proportionate
2share of the minor receiving aid under s. 48.57 (3m)
or (3n) or 49.19, except as
3otherwise ordered by the court on the motion of a party.
Note: With respect to the receipt and disbursement of child support and family
support payments, requires a support payment under an order that provides both for the
support of a child who is not receiving aid under the long-term kinship care program and
for the support of a child who is receiving that aid to be assigned to the state under the
long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill,
in an amount that is the proportionate share of the child receiving that aid on the same
basis as a support payment under an order that provides both for the support of a child
who is not receiving aid under the kinship care program and for the support of a child who
is receiving that aid must be assigned to the state under the kinship care program under
s. 48.57 (3m) (b) 2., stats., in an amount that is the proportionate share of the child
receiving that aid.
AB602, s. 36
4Section
36. 767.32 (1) (a) of the statutes is amended to read:
AB602,27,115
767.32
(1) (a) After a judgment or order providing for child support under this
6chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
7938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or
8family support payments under this chapter, or for the appointment of trustees
9under s. 767.31, the court may, from time to time, on the petition, motion or order to
10show cause of either of the parties, or upon the petition, motion or order to show cause
11of the department, a county department under s. 46.215, 46.22 or 46.23 or a child
12support program designee under s. 59.53 (5) if an assignment has been made under
13s. 46.261, 48.57 (3m) (b) 2.
or (3n) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if
14either party or their minor children receive aid under s. 48.57 (3m)
or (3n) or ch. 49,
15and upon notice to the family court commissioner, revise and alter such judgment or
16order respecting the amount of such maintenance or child support and the payment
17thereof, and also respecting the appropriation and payment of the principal and
18income of the property so held in trust, and may make any judgment or order
19respecting any of the matters that such court might have made in the original action,
1except that a judgment or order that waives maintenance payments for either party
2shall not thereafter be revised or altered in that respect nor shall the provisions of
3a judgment or order with respect to final division of property be subject to revision
4or modification. A revision, under this section, of a judgment or order with respect
5to an amount of child or family support may be made only upon a finding of a
6substantial change in circumstances. In any action under this section to revise a
7judgment or order with respect to maintenance payments, a substantial change in
8the cost of living by either party or as measured by the federal bureau of labor
9statistics may be sufficient to justify a revision of judgment or order with respect to
10the amount of maintenance, except that a change in an obligor's cost of living is not
11in itself sufficient if payments are expressed as a percentage of income.
Note: With respect to the revision of certain judgments or orders, including
judgments or orders providing for child support, adds a provision to permit DHFS, a
county department or a child support program designee to petition for the revision of such
an order if the child's right to support has been assigned under the long-term kinship care
program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as
DHFS, a county department or a child support program designee may petition for the
revision of such an order if the child's right to support has been assigned under the
kinship care program under s. 48.57 (3m) (b) 2., stats.
AB602, s. 37
12Section
37. 767.47 (6) of the statutes is amended to read:
AB602,28,213
767.47
(6) (a) Whenever the state brings the action to determine paternity
14pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2.
or (3n) (b) 2., 49.153 (3)
15(a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
16or 49.159, the natural mother of the child may not be compelled to testify about the
17paternity of the child if it has been determined that the mother has good cause for
18refusing to cooperate in establishing paternity as provided in
42 USC 602 (a) (26) (B)
19and the federal regulations promulgated pursuant to this statute, as of July 1, 1981,
20and pursuant to any rules promulgated by the department which define good cause
1in accordance with the federal regulations, as authorized by
42 USC 602 (a) (26) (B)
2in effect on July 1, 1981.
AB602,28,73
(b) Nothing in par. (a) prevents the state from bringing an action to determine
4paternity pursuant to an assignment under s. 48.57 (3m) (b) 2.
or (3n) (b) 2., 49.153
5(3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155,
649.157 or 49.159, where evidence other than the testimony of the mother may
7establish the paternity of the child.
Note: With respect to testimony and evidence relating to paternity, adds a
provision to include a reference to the state bringing an action to determine paternity
pursuant to an assignment of the child's right to support under the long-term kinship
care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as
there is a reference to the state bringing an action to determine paternity pursuant to an
assignment of the child's right to support under the kinship care program under s. 48.57
(3m) (b) 2., stats.
AB602, s. 38
8Section
38.
Nonstatutory provisions; health and family services.
AB602,28,99
(1)
Reconciliation provisions.