SECTION 1185d. 48.715 (2) (b) of the statutes is amended to read:
48.715 (2) (b) That a person who employs a person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.
SECTION 1186d. 48.715 (4) (intro.) of the statutes is amended to read:
48.715 (4) (intro.) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69 for any of the following reasons:
SECTION 1187d. 48.715 (5) of the statutes is amended to read:
48.715 (5) The department may deny a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to any person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years.
SECTION 1188d. 48.715 (6) of the statutes is amended to read:
48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.
SECTION 1189d. 48.715 (7) of the statutes is amended to read:
48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
SECTION 1189p. 48.75 (1g) (a) 4. of the statutes is amended to read:
48.75 (1g) (a) 4. The county of the public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under s. 48.833 (1), 48.835 or 48.837.
SECTION 1189r. 48.75 (1m) of the statutes is amended to read:
48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.
SECTION 1191. 48.825 (3) (b) of the statutes is amended to read:
48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.
SECTION 1192. 48.825 (3) (c) of the statutes is repealed.
SECTION 1192g. 48.833 of the statutes is renumbered 48.833 (1) and amended to read:
48.833 (1) ADOPTIVE PLACEMENT. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child.
(2) CONSIDERATION OF PLACEMENT WITH RELATIVE. Before placing a child for adoption under this subsection sub. (1), the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or child welfare agency.
(4) WRITTEN AGREEMENT. When a child is placed under this section sub. (1) in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.
SECTION 1192j. 48.833 (3) of the statutes is created to read:
48.833 (3) CHILD WITH SPECIAL NEEDS. In placing a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), for adoption under sub. (1), the department, county department or child welfare agency making the placement may not consider the location of a proposed adoptive parent's residence as a factor in making that placement unless the department, county department or child welfare agency determines that consideration of that factor is necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs. If the department, county department or child welfare agency considers the location of a prospective adoptive parent's residence as a factor in placing a child with special needs, the department, county department or child welfare agency shall document the reasons why that consideration is necessary in the child's permanency plan as provided in s. 48.38 (4) (dm). If the department, county department or child welfare agency does not consider the location of a prospective adoptive parent's residence as a factor in placing a child with special needs and the child is placed more than 60 miles from the child's home, the department, county department or child welfare agency shall document the reasons why that consideration is not necessary in the child's permanency plan as provided in s. 48.38 (4) (d) 1m.
SECTION 1192m. 48.913 (2) (c) 3. of the statutes is amended to read:
48.913 (2) (c) 3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under s. 48.833 (1).
SECTION 1192p. 48.925 (1) (intro.) of the statutes is amended to read:
48.925 (1) (intro.) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:
SECTION 1192r. 48.925 (1m) of the statutes is created to read:
48.925 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.
(am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.
(b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
SECTION 1195m. 48.981 (7) (b) of the statutes is amended to read:
48.981 (7) (b) Notwithstanding par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under s. 767.24 or 767.325 or in an adoption proceeding under s. 48.833 (1), 48.835, 48.837 or 48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.
SECTION 1199d. 48.982 (2) (d) of the statutes is amended to read:
48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph, other than moneys received under s. 341.14 (6r) (b) 6., may be deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys Interest earned on moneys received under s. 341.14 (6r) (b) 6. may be credited to the appropriation accounts under s. 20.433 (1) (q) or (r).
SECTION 1200d. 48.982 (2m) (intro.) of the statutes is amended to read:
48.982 (2m) DONATION USES. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6. and appropriated under s. 20.433 (1) (q) or (r), the board shall use the money in accordance with the wishes of the donor to do any of the following:
SECTION 1201. 48.985 (2) of the statutes is amended to read:
48.985 (2) COMMUNITY SOCIAL AND MENTAL HYGIENE SERVICES. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 $3,964,400 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.
SECTION 1201t. 49.015 (1m) (b) 5. of the statutes is created to read:
49.015 (1m) (b) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).
SECTION 1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:
49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (4) (bt), an amount for that year determined as follows:
SECTION 1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:
49.025 (2) (a) 1. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under s. 20.435 (4) (h).
SECTION 1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:
49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (bu) (4) (bt), an amount for that year determined as follows:
SECTION 1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:
49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (5) (bu) (4) (bt) for relief block grants for that year.
SECTION 1207. 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
49.029 (2) AMOUNT AND DISTRIBUTION OF RELIEF BLOCK GRANT. From the appropriation under s. 20.435 (4) (bs) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.
SECTION 1207m. 49.08 of the statutes is amended to read:
49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).
SECTION 1209. 49.124 (1g) (a) of the statutes is amended to read:
49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
SECTION 1209q. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.
SECTION 1211d. 49.136 (2) (b) of the statutes is amended to read:
49.136 (2) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).
SECTION 1213. 49.1375 of the statutes is created to read:
49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.
(2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.
SECTION 1213g. 49.138 (1m) (intro.) of the statutes is amended to read:
49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:
SECTION 1213h. 49.138 (1m) (am) of the statutes is created to read:
49.138 (1m) (am) The family is experiencing a financial crisis that makes it very difficult for the family to make a rent payment, mortgage payment or property tax payment and the family has been notified that it will be required to leave its current housing if it does not make that payment immediately.
SECTION 1214. 49.141 (2) of the statutes is repealed.
SECTION 1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).
SECTION 1216. 49.141 (2g) (b) of the statutes is repealed.
SECTION 1216m. 49.141 (4) of the statutes is amended to read:
49.141 (4) NONENTITLEMENT. Notwithstanding Except as provided in s. 49.145 (3m), notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
SECTION 1217. 49.143 (1) (a) of the statutes is amended to read:
49.143 (1) (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph before the date that is specified in s. 49.141 (2) (d).
SECTION 1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to read:
49.143 (1) (am) 1. The department shall contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department in accordance with sub. (3), during the immediately preceding contract period. The contract shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under this subdivision if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election.
SECTION 1219. 49.143 (1) (am) 2. of the statutes is amended to read:
49.143 (1) (am) 2. A county or tribal governing body Wisconsin works agency that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under par. (a).
SECTION 1220. 49.143 (1) (at) of the statutes is repealed.
SECTION 1220m. 49.143 (2) (a) 7. of the statutes is amended to read:
49.143 (2) (a) 7. Coordinate with the governor's council on workforce excellence under s. 106.115 council on workforce investment established under 29 USC 2821 to ensure compatibility of purpose and no duplication of effort.
SECTION 1221. 49.143 (2) (cr) of the statutes is amended to read:
49.143 (2) (cr) Provide, or contract with another person to provide, credit establishment and credit repair assistance to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.
SECTION 1221h. 49.143 (2) (ct) of the statutes is created to read:
49.143 (2) (ct) Return to the department an amount equal to the total amount of benefits withheld under s. 49.148 for missed work or education and training activities.
SECTION 1222. 49.143 (2) (e) of the statutes is amended to read:
49.143 (2) (e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029. If the department receives the federal waiver necessary to enforce the contract provision under this paragraph, the department shall submit to the joint committee on finance the terms of the waiver and an implementation plan prior to enforcing the contract provision under this paragraph.
SECTION 1222g. 49.143 (2) (es) of the statutes is created to read:
49.143 (2) (es) Provide to every individual who requests assistance from the Wisconsin works agency a single-page description of all of the benefits and services that may be provided to any individual by the Wisconsin works agency. The department shall develop the description and distribute it to all Wisconsin works agencies. The department shall update the description as frequently as necessary to reflect all benefits and services that may be offered by Wisconsin works agencies.
SECTION 1224c. 49.143 (3) of the statutes is amended to read: