(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:
49.143 (3) PERFORMANCE STANDARDS. The In consultation with the statewide advisory group and special work groups established under sub. (3m), the department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold or recover any or all payment from the Wisconsin works agency.
SECTION 1224d. 49.143 (3g) of the statutes is created to read:
49.143 (3g) PERFORMANCE BONUSES. (a) The department shall base any performance bonus calculation that it makes for Wisconsin works agencies on all of the following performance criteria:
1. The placement of applicants for and participants in Wisconsin works employment positions into unsubsidized employment, as defined in s. 49.147 (1) (c).
2. Whether the placement under subd. 1. is full time or part time.
3. The job retention rate, as defined by the department, of former applicants for, and former participants in, Wisconsin works employment positions.
4. Wages and benefits earned by former applicants for, and former participants in, Wisconsin works employment positions.
5. Appropriate implementation of Wisconsin works.
6. Customer satisfaction.
(b) The department may not base any performance bonus payments on caseload decreases, or reduced spending by the Wisconsin works agency, that are not directly attributable to placement of participants in unsubsidized employment.
(c) The department shall develop a system by which the department may track former participants and former applicants for Wisconsin works to facilitate an assessment of how successfully each Wisconsin works agency has met the performance criteria specified in par. (a).
SECTION 1224p. 49.143 (3m) of the statutes is created to read:
49.143 (3m) STATEWIDE ADVISORY GROUP. The department shall establish a statewide advisory group to provide a forum for any person to raise concerns and to receive or provide information about programs and policies regarding Wisconsin works, including the Wisconsin works agency contract process. The department shall develop regional forums and special work groups to address issues of concern raised at the meetings of the statewide advisory group and shall allow any person to participate in the work groups.
SECTION 1224r. 49.145 (2) (d) of the statutes is repealed and recreated to read:
49.145 (2) (d) The individual has residence in this state.
SECTION 1225. 49.145 (2) (n) 1. a. of the statutes is amended to read:
49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program begins to count counts toward the 60-month limit beginning on October 1, 1996.
SECTION 1226v. 49.145 (3) (b) 1. of the statutes is amended to read:
49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the internal revenue code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the internal revenue code, as defined in s. 71.01 (6), and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.
SECTION 1227. 49.145 (3) (b) 2. of the statutes is repealed.
SECTION 1227m. 49.145 (3m) of the statutes is created to read:
49.145 (3m) PLACEMENT. (a) Within 30 days after an individual applies for a Wisconsin works employment position, the Wisconsin works agency shall place the individual in a Wisconsin works employment position if the individual meets all of the eligibility requirements under this section and if the individual is unable to find unsubsidized employment, as defined in s. 49.147 (1) (c), despite the individual's reasonable effort to search for unsubsidized employment.
(b) In the case of an individual who is incapable of performing a job search, the Wisconsin works agency shall place the individual in a Wisconsin works employment position immediately after making a determination that an individual otherwise meets the eligibility requirements under this section.
SECTION 1228. 49.145 (4) of the statutes is amended to read:
49.145 (4) REVIEW OF ELIGIBILITY. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the or income of the Wisconsin works group is expected to exceed the asset or income limits limit under sub. (3) for at least 2 consecutive months.
SECTION 1229. 49.147 (1m) of the statutes is created to read:
49.147 (1m) EDUCATIONAL NEEDS ASSESSMENT. Upon determining that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines that the individual needs basic education, including a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works agency shall pay for the basic education services identified in the employability plan.
SECTION 1229q. 49.147 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:
49.147 (4) COMMUNITY SERVICE JOB. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual's employability.
(am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
