AB97: Bill Text

AB97,25,23 46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of industry, labor and job workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB97, s. 78 Section 78. 46.29 (3) (c) of the statutes is amended to read:

AB97,25,25 46.29 (3) (c) The secretary of industry, labor and job workforce development.

AB97, s. 79 Section 79. 46.495 (1) (d) of the statutes is amended to read:

AB97,26,20 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department of health and family services shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. From the appropriations under s. 20.445 (3) (cp), (jg) and (md), the department of industry, labor and job workforce development shall distribute funding for at-risk and low-income child care under s. 49.132 (2) (a). County matching funds are required for the distributions under ss. 46.40 (2) and (8) and 49.132 (2) (a). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB97, s. 80 Section 80. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 404 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,27,12 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB97, s. 81 Section 81. 46.495 (1) (dc) of the statutes is amended to read:

AB97,27,19 46.495 (1) (dc) The department of health and family services shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available. The department of industry, labor and job workforce development shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

AB97, s. 82 Section 82. 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act 404 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,27,24 46.495 (1) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

AB97, s. 83 Section 83. 46.495 (1) (f) 1. of the statutes is amended to read:

AB97,28,6 46.495 (1) (f) 1. If any state matching funds allocated by the department of health and family services under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates. If any state matching funds allocated by the department of industry, labor and job workforce development under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates.

AB97, s. 84 Section 84. 46.495 (1) (f) 1. of the statutes, as affected by 1995 Wisconsin Act 404 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,28,11 46.495 (1) (f) 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.

AB97, s. 85 Section 85. 46.56 (14) (a) (intro.) of the statutes is amended to read:

AB97,28,25 46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of education public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and job workforce development that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:

AB97, s. 86 Section 86. 46.90 (4) (b) 2. b. of the statutes is amended to read:

AB97,29,4 46.90 (4) (b) 2. b. Any employe of an employer not described in subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of industry, labor and job workforce development under s. 106.06 (5).

AB97, s. 87 Section 87. 47.01 (1m) of the statutes is amended to read:

AB97,29,7 47.01 (1m) "Department" means the department of industry, labor and job workforce development.

AB97, s. 88 Section 88. 48.30 (6) of the statutes is amended to read:

AB97,29,24 48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing.

AB97, s. 89 Section 89. 48.31 (7) of the statutes is amended to read:

AB97,30,16 48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from the fact-finding hearing for a child in secure custody and no more than 30 days from the fact-finding hearing for a child not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

AB97, s. 90 Section 90. 48.357 (5m) of the statutes is amended to read:

AB97,31,5 48.357 (5m) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

AB97, s. 91 Section 91. 48.36 (1) (b) of the statutes is amended to read:

AB97,31,16 48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of industry, labor and job workforce development, or the county child and spousal support agency, under s. 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB97, s. 92 Section 92. 48.363 (1) of the statutes is amended to read:

AB97,32,22 48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

AB97, s. 93 Section 93. 48.57 (3m) (a) 1. of the statutes is amended to read:

AB97,32,25 48.57 (3m) (a) 1. "Department" means the department of industry, labor and job workforce development.

AB97, s. 94 Section 94. 48.57 (3m) (d) of the statutes is amended to read:

AB97,33,8 48.57 (3m) (d) The county department shall review a placement of a child for which the department of industry, labor and job workforce development makes payments under par. (am) not less than every 12 months after the department of industry, labor and job workforce development begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the department shall discontinue making those payments.

AB97, s. 95 Section 95. 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act 289 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,33,16 48.57 (3m) (d) A county department shall review a placement of a child for which the county department makes payments under par. (am) not less than every 12 months after the county department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department shall discontinue making those payments.

AB97, s. 96 Section 96. 48.57 (3m) (e) of the statutes is amended to read:

AB97,33,21 48.57 (3m) (e) The department of health and family services, in consultation with the department of industry, labor and job workforce development, shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

AB97, s. 97 Section 97. 48.57 (3m) (e) of the statutes, as affected by 1995 Wisconsin Act 289 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,33,25 48.57 (3m) (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

AB97, s. 98 Section 98. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB97,34,12 48.57 (3p) (fm) 1. The county department may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department may not finally approve the making of payments under sub. (3m) unless that county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of industry, labor and job workforce development may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB97, s. 99 Section 99. 49.001 (9) of the statutes is amended to read:

AB97,34,17 49.001 (9) "Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works agency" means the department of industry, labor and job workforce development.

AB97, s. 100 Section 100. 49.11 (1) of the statutes is amended to read:

AB97,34,20 49.11 (1) "Department" means the department of industry, labor and job workforce development.

AB97, s. 101 Section 101. 49.11 (2) of the statute is amended to read:

AB97,34,23 49.11 (2) "Secretary" means the secretary of industry, labor and job workforce development.

AB97, s. 102 Section 102. 49.153 (3) (a) 1. of the statutes is amended to read:

AB97,35,19 49.153 (3) (a) 1. A Wisconsin works agency shall determine eligibility for benefits and services under this section, in accordance with rules promulgated by the department of health and family services in consultation with the department of industry, labor and job workforce development. The Wisconsin works agency shall make the eligibility determination after the date on which the agency receives a completed application from the individual for services and benefits under this section and shall immediately notify the department of health and family services of that determination. An individual who applies for and receives benefits and services under this section is considered to have assigned to the state any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for benefits and services under this section and any rights to support accruing during the time for which benefits and services under this section are provided. Eligibility for benefits and services under this section begins on the day on which the department of health and family services or the provider issues a health plan membership card. The department of health and family services or the provider shall issue the health plan membership card to an individual after the date on which the Wisconsin works agency notifies the department of health and family services that the individual is eligible.

AB97, s. 103 Section 103. 49.153 (3) (f) 2. of the statutes is amended to read:

AB97,35,23 49.153 (3) (f) 2. The individual fails to pay the established premium in a timely manner, as defined by the department of industry, labor and job workforce development by rule.

AB97, s. 104 Section 104. 49.153 (4) (d) 4. of the statutes is amended to read:

AB97,36,4 49.153 (4) (d) 4. The Wisconsin works agency shall remit to the department of industry, labor and job workforce development in the manner prescribed by the department of industry, labor and job workforce development all premium payments that the Wisconsin works agency receives under this paragraph.

AB97, s. 105 Section 105. 49.193 (1) (c) of the statutes is amended to read:

AB97,36,10 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 workforce 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.

AB97, s. 106 Section 106. 49.26 (1) (d) of the statutes is amended to read:

AB97,36,19 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 workforce development and the department of education public instruction by August 15, annually.

AB97, s. 107 Section 107. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB97,37,3 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (bt) or (bu) or (7) (b) or 20.445 (3) (de), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriations under s. 20.410 (3) (cd) or 20.435 (1) (bt) or (bu) or (7) (b), or the department shall direct the department of industry, labor and job workforce development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation under s. 20.445 (3) (de) or (dz), in accordance with s. 16.544 to the extent applicable.

AB97, s. 108 Section 108. 49.45 (40) of the statutes is amended to read:

AB97,37,7 49.45 (40) Periodic record matches. The department shall cooperate with the department of industry, labor and job workforce development in matching records of medical assistance recipients under s. 49.32 (7).

AB97, s. 109 Section 109. 49.81 (intro.) of the statutes is amended to read:

AB97,37,14 49.81 Public assistance recipients' bill of rights. (intro.) The department of health and family services, the department of industry, labor and job workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

AB97, s. 110 Section 110. 49.82 (1) of the statutes is amended to read:

AB97,37,25 49.82 (1) Departments to advise counties. The department of health and family services and the department of industry, labor and job workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and family services and the department of industry, labor and job workforce development shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing public assistance under this chapter.

AB97, s. 111 Section 111. 49.85 (1) of the statutes is amended to read:

AB97,38,8 49.85 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23, a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under s. 49.497 or that the department of industry, labor and job workforce development may recover an amount under s. 49.125, 49.161 or 49.195 (3), the county department or governing body shall notify the affected department of the determination.

AB97, s. 112 Section 112. 49.85 (2) (b) of the statutes is amended to read:

AB97,38,18 49.85 (2) (b) At least annually, the department of industry, labor and job workforce development shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of industry, labor and job workforce development, the department of industry, labor and job workforce development has determined that it may recover under ss. 49.125, 49.161 and 49.195 (3), except that the department of industry, labor and job workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's determination has either not been appealed or is no longer under appeal.

AB97, s. 113 Section 113. 49.85 (3) (b) (intro.) of the statutes is amended to read:

AB97,38,23 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of industry, labor and job workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:

AB97, s. 114 Section 114. 49.85 (3) (b) 1. of the statutes is amended to read:

AB97,39,5 49.85 (3) (b) 1. Inform the person that the department of industry, labor and job workforce development intends to certify to the department of revenue an amount that the department of industry, labor and job workforce development has determined to be due under s. 49.125, 49.161 or 49.195 (3), for setoff from any state tax refund that may be due the person.

AB97, s. 115 Section 115. 49.85 (3) (b) 2. of the statutes is amended to read:

AB97,39,10 49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of industry, labor and job workforce development to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

AB97, s. 116 Section 116. 49.85 (3) (b) 3. of the statutes is amended to read:

AB97,39,15 49.85 (3) (b) 3. Inform the person that, if the determination of the department of industry, labor and job workforce development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and job workforce development is under appeal.

AB97, s. 117 Section 117. 49.85 (3) (b) 4. of the statutes is amended to read:

AB97,39,22 49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and job workforce development, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

AB97, s. 118 Section 118. 49.85 (3) (b) 5. of the statutes is amended to read:

AB97,40,3 49.85 (3) (b) 5. Request that the person inform the department of industry, labor and job workforce development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

AB97, s. 119 Section 119. 49.85 (4) (b) of the statutes is amended to read:

AB97,40,10 49.85 (4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and job workforce development shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and job workforce development may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

AB97, s. 120 Section 120. 49.85 (5) of the statutes is amended to read:

AB97,40,21 49.85 (5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of industry, labor and job workforce development from attempting to recover the amount through other legal means. The department of health and family services or the department of industry, labor and job workforce development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.

AB97, s. 121 Section 121. 49.855 (1) of the statutes is amended to read:

AB97,41,5 49.855 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m), whichever is appropriate, upon application of the county designee under s. 59.53 (5) or the department of industry, labor and job workforce development, shall certify the delinquent payment or outstanding amount to the department of industry, labor and job workforce development.