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.
3. Real property. To levy against real property, DILJD must provide the obligor,
and any persons known to have liens on the property, with a notice of intent to levy.
The notice must include information on requesting a hearing concerning whether the
support is owed. The hearing is with the court or family court commissioner issuing
the order to pay support. Unless the support is paid or unless it is determined, after
hearing, that the support is not owed, DILJD may send a final notice of seizure,
stating the date on which the obligor must have vacated the premises and stating the
date of sale. DILJD must allow at least 60 days for the obligor to vacate the property
and 90 days before the sale. Notice of the sale must be published at least 30 days
before the sale and the obligor is entitled to redeem the property prior to the date of
sale by paying the full amount owed, together with any levy fees and costs.
The bill requires 3rd parties possessing property or rights to property subject
to a levy to surrender them to DILJD. If a person fails to surrender the property or
rights, the person is liable to DILJD for up to 25% of the support owed. A 3rd party
is entitled to a levy fee of $5 for each levy in any case where property is secured
through the levy and DILJD is authorized to recover its costs of levy. These costs may
be deducted from the proceeds of the levy after first paying any liens on the property
prior to the delinquent support lien and then paying the amount of the delinquent
support.
Under current law, all payments of child or family support and maintenance
(spousal support) must be made through the clerk of circuit court or a support
collection designee in counties that have designated an entity other than the clerk
to collect and disburse support and maintenance. Such payments are made by
employers of obligors through income withholding or by the obligors themselves if
income withholding is inappropriate, such as for a self-employed obligor. The clerk,
or support collection designee, disburses the payments received from the employers
and the obligors to the obligees of the support or maintenance and keeps a record of
the payments and arrearages in payments. Obligors are required to pay an annual
receiving and disbursing fee of up to $25 to the clerk, or support collection designee,
for these services.
Under this bill, DILJD, or an entity that DILJD designates to act for it, receives
and disburses child and family support payments, maintenance payments,
payments for health care expenses, payments for birth expenses and other
support-related expenses under a statewide automated receipt and disbursement
system that must begin operating no later than October 1, 1999. The payments are
received through income withholding, if appropriate, as under current law.
Although clerks of circuit court continue to file and maintain the orders and
judgments that require the payments, the electronic record of payments and
disbursements and arrearages in payments is kept by DILJD or its designee.
Obligors are required to pay an annual fee of $25 to DILJD or its designee, instead
of to the clerk, for receiving and disbursing the payments and for maintaining the
electronic payment and disbursement record.
The bill creates a segregated fund, called the support collections trust fund. All
support-related moneys received by DILJD or its designee are deposited in the fund.
Moneys from the fund are to be used for disbursements to obligees of child or family
support payments, maintenance payments, payments for health care expenses,
payments for birth expenses and other support-related expenses. Interest earned
on the fund is to be used for the costs associated with the receipt and disbursement
system, including contract costs paid to the designee, if any.
Currently, DILJD administers a child and spousal support and establishment
of paternity and medical liability support program. The main purposes of the
program are to establish, modify and enforce support obligations and to establish
paternity for the purpose of establishing a support obligation. County child support
agencies administer the program at the local level. This bill provides that DILJD and
county child support agencies may issue subpoenas in the administration of the
program to compel the production of financial information and other documentary
evidence. A person who provides access to records or who discloses information as
requested is not liable to any person for providing the access or disclosing the
information. A person who does not comply with a request for information or access
to records, however, may be required to pay a forfeiture (civil monetary penalty) to
be determined by DILJD by rule.
Under current law, all persons (including state agencies) are required to
provide to DILJD all information requested by DILJD if DILJD determines that the
information is appropriate and necessary for the administration of the child and
spousal support and establishment of paternity and medical liability program and
certain other state and federal public assistance and medical programs. This law
conflicts with certain other laws that authorize or require state agencies to maintain
the confidentiality of certain information contained in records of the agencies.
This bill reconciles those conflicts by giving precedence to DILJD's right of
access to certain records and information notwithstanding existing confidentiality
provisions. Among the records and information affected by the bill are information
from income tax and sales tax returns, information contained in marriage license
applications, certain records under the unemployment compensation and worker's
compensation programs, certain records of applicants for public positions, certain
information collected by the department of public instruction (DPI) for issuing,
renewing or revoking all of its licenses, records of background checks of prospective
handgun purchasers, certain records concerning crime victims, and information
provided by persons to the state public defender (SPD) that is used to determine
whether the person qualifies for representation due to indigency.
Under current law, a judge or family court commissioner may order the parties
to a paternity action to undergo genetic tests for the purpose of determining
paternity. If a party in a paternity action requests genetic tests, the judge or family
court commissioner must order them. This bill authorizes a county child support
agency to require a child, the child's mother and a male who is alleged, or who alleges
himself, to be the father of the child to submit to genetic tests if there is probable
cause to believe that the child's mother and the male had sexual intercourse during
a possible time of the child's conception. A sufficient affidavit from either the mother
or the alleged father may establish the necessary probable cause. The results of a
genetic test ordered by a county child support agency may be used in a paternity
action.
Under current law, a man is presumed to be the natural father of a child if he
was married to the child's mother when the child was conceived or born or if he and
the child's mother married after the child's birth but had a relationship during the
period of time within which the child was conceived. In a paternity action, if genetic
tests show that a man alleged to be the father is not excluded as the father and that
the probability that he is the father is 99.0% or more, that man is presumed to be the
father. This bill provides that a presumption of paternity that arises on the basis of
marriage is rebutted in a legal action or proceeding by results of a genetic test that
show that a man other than the one presumed to be the father on the basis of
marriage is not excluded as the father and that the statistical probability that the
man is the father is 99.0% or higher, even if the man who is presumed to be the father
on the basis of marriage is unavailable to submit to genetic tests.
Under current law, an order for child or family support or maintenance is an
automatic assignment of wages or other earnings to the clerk of circuit court. When
a support or maintenance order is entered, the court must send notice of the
assignment by regular mail to a payer's employer or other person who owes the payer
money, requiring withholding of the amount provided in the support order. The
support and withholding orders may be expressed as a fixed sum, as a percentage of
income or as both in the alternative, requiring payment of the greater or lesser
amount. If the payer is entitled to unemployment compensation, however, the order
to withhold benefits must be for a fixed sum.
This bill authorizes the court to send notice of assignment by facsimile machine
or other electronic means in addition to regular mail. Orders for the withholding of
unemployment compensation may be expressed as a fixed sum, as a percentage of
benefits payable or as both in the alternative, requiring payment of the greater or
lesser amount. Notices of assignment for withholding must include the information
that the maximum amount withheld may not exceed the maximum amount that is
subject to garnishment under federal law.
Under current law, if the petitioner in a paternity action fails to appear at a
pretrial hearing or at the trial, the court may dismiss the action. If the respondent
in a paternity action is the alleged father and he fails to appear for a court-ordered
genetic test or a hearing at which an appearance is required, the court must
adjudicate the respondent to be the father. This bill provides that, if the mother of
the child in a paternity action fails to appear for a court-ordered genetic test or a
hearing at which an appearance is required, the court may adjudicate the alleged
father, or the man who alleges that he is the father, to be the father of the child if there
is sufficient evidence for such a finding.
Under current law, if a child's birth occurs in or en route to a hospital and if the
child's parents are unmarried, the hospital administrator or his or her designee must
provide the child's mother with a voluntary paternity acknowledgment form and
with a pamphlet that has information about birth certificates, including how to add
to a birth certificate the name of the father of a child whose parents were not married.
The hospital must submit any completed forms to the state registrar. The fee for
making an alteration in a birth certificate is $10. Upon receipt of the voluntary
acknowledgement form and the fee, the state registrar must insert the name of the
father on the birth certificate.
This bill requires that trained, designated hospital staff provide to the child's
available unmarried parents written and oral information about the voluntary
paternity acknowledgment form and about the significance and benefits of
establishing paternity, before the parents sign the form. The bill provides immunity
from civil liability for trained, designated hospital staff who provide this information
in good faith. The staff must also provide an opportunity to complete the form and
to have the form notarized in the hospital. DILJD must provide to hospitals the
written information required to be provided to parents and must provide training to
hospital staff concerning the voluntary acknowledgment form and the significance
and benefits of establishing paternity. DILJD must pay the hospital, from federal
funds, a financial incentive for each form that is correctly filed within 60 days after
the birth and the $10 fee for altering a birth certificate.
This bill requires DILJD to establish and operate a hiring reporting system that
includes a state directory of new hires. With the exception of employers that employ
individuals in Wisconsin as well as in at least one other state (those employers must
designate for reporting just one of the states in which they employ individuals), all
employers in this state must supply information to DILJD about newly hired
employes. DILJD must specify the exact information that must be provided, how the
information may be provided and a timetable for providing the information.
Children
Under current law, the Milwaukee County department of social services
(Milwaukee County department) is responsible for providing child welfare services
in Milwaukee County. Those services include receiving and investigating child
abuse or neglect reports, referring children to the court assigned to exercise
jurisdiction under the children's code (juvenile court), providing court reports and
permanency plans to the juvenile court, providing appropriate protection or services
for children and their families, licensing foster homes, placing children for adoption
and providing kinship care payments. Current law requires the Milwaukee County
board of supervisors to operate a children's court center which is responsible for
providing intake and dispositional services for the juvenile court and for executing
judicial policy governing intake and juvenile court services.
This bill transfers the responsibility for providing child welfare services in
Milwaukee County, not including juvenile delinquency-related services, from the
Milwaukee County department to DHFS beginning on January 1, 1998. The bill also
transfers on that date the responsibility for providing intake and dispositional
services for children in need of protection or services and for executing judicial policy
governing intake and juvenile court services for those children from the children's
court center to DHFS. Under the bill, Milwaukee County must contribute to the cost
of providing child welfare services in that county an amount equal to the amount that
the county budgeted for those services in 1995.
Under current law, DHFS must establish community advisory committees for
each of the 5 neighborhood-based child welfare service delivery sites planned for
Milwaukee County. Each committee must provide a forum for communication for
those persons who are interested in the delivery of child welfare services in the
neighborhood to be served by the services delivery site and must make
recommendations to DHFS with respect to the delivery of those services in that
neighborhood. This bill eliminates those community advisory committees and
transfers the duties of those committees to the W-2 community steering committees
established by the W-2 agencies serving Milwaukee County.
Under current law, a county may establish a secure detention facility or a
shelter care facility, or both, for holding juveniles in custody. This bill permits a
county to establish a child caring institution, that is, a facility that provides care and
maintenance for 75 days in any consecutive 12-month period for 4 or more children
at any one time. Currently, no person may operate a child caring institution unless
that person obtains a license from DHFS to operate a child welfare agency. Public
agencies, however, are excluded from that licensing requirement. This bill requires
a county that establishes a child caring institution to obtain a license to operate a
child welfare agency.
