AB100: Bill Text Engrossed

AB100-engrossed,484,24 48.977 (4) (a) 4. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

AB100-engrossed, s. 1037 Section 1037. 48.977 (4) (a) 6. of the statutes is amended to read:

AB100-engrossed,485,4 48.977 (4) (a) 6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child's placement with the guardian is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23.

AB100-engrossed, s. 1038 Section 1038. 48.977 (4) (b) 3. of the statutes is amended to read:

AB100-engrossed,485,12 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4) and the dates that on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

AB100-engrossed, s. 1039 Section 1039. 48.977 (4) (c) 1. g. of the statutes is amended to read:

AB100-engrossed,485,16 48.977 (4) (c) 1. g. The relative person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the relative person is nominated as the guardian of the child in the petition.

AB100-engrossed, s. 1040 Section 1040. 48.977 (4) (e) of the statutes is amended to read:

AB100-engrossed,486,5 48.977 (4) (e) Court report. The For a child who has been placed, or continued in a placement, outside of his or her home for 6 months or longer, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. For a child who has been placed, or continued in a placement, outside of his or her home for less than 6 months, the court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court the report submitted under s. 48.33 (1) or 938.33 (1), the permanency plan prepared under s. 48.38 or 938.38, if one has been prepared, and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (fm).

AB100-engrossed, s. 1041 Section 1041. 48.977 (4) (g) 1. of the statutes is amended to read:

AB100-engrossed,486,8 48.977 (4) (g) 1. Whether the relative person would be a suitable guardian of the child.

AB100-engrossed, s. 1042 Section 1042. 48.977 (4) (g) 2. of the statutes is amended to read:

AB100-engrossed,486,12 48.977 (4) (g) 2. The willingness and ability of the relative person to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

AB100-engrossed, s. 1043 Section 1043. 48.977 (4) (h) 1. of the statutes is amended to read:

AB100-engrossed,486,16 48.977 (4) (h) 1. A disposition dismissing the petition if the court determines that appointment of the relative person as the child's guardian is not in the best interests of the child.

AB100-engrossed, s. 1044 Section 1044. 48.977 (4) (h) 2. of the statutes is amended to read:

AB100-engrossed,486,22 48.977 (4) (h) 2. A disposition ordering that the relative person with whom the child has been placed or in whose home placement of the child is recommended as described in sub. (2) (a) be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b), if the court determines that such an appointment is in the best interests of the child.

AB100-engrossed, s. 1045 Section 1045. 48.982 (4) (a) of the statutes is amended to read:

AB100-engrossed,487,2 48.982 (4) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (m), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a). In each of the first 2 fiscal years in which grants are awarded, no organization may receive a grant or grants totaling more than $30,000.

AB100-engrossed, s. 1046 Section 1046. 48.982 (6) (a) of the statutes is amended to read:

AB100-engrossed,487,8 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

AB100-engrossed, s. 1047 Section 1047. 48.982 (7) (a) of the statutes is amended to read:

AB100-engrossed,487,12 48.982 (7) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), and (q), the board shall award grants to organizations in accordance with the plan developed under sub. (2) (a).

AB100-engrossed, s. 1049 Section 1049. 49.134 (2) (a) of the statutes is amended to read:

AB100-engrossed,487,17 49.134 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

****Note: This is reconciled s. 49.134 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1052 Section 1052. 49.136 (2) (a) of the statutes is amended to read:

AB100-engrossed,487,20 49.136 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department shall may award grants for the start-up or expansion of child care services.

****Note: This is reconciled s. 49.136 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1053 Section 1053. 49.136 (2) (b) of the statutes is amended to read:

AB100-engrossed,488,8 49.136 (2) (b) The If the department awards grants under this section, the department shall attempt to award the 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 employees, 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 Works employment position under s. 49.147 (3) to (5).

AB100-engrossed, s. 1055 Section 1055. 49.137 (2) (a) of the statutes is amended to read:

AB100-engrossed,488,16 49.137 (2) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

****Note: This is reconciled s. 49.137 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1056 Section 1056. 49.137 (3) (a) of the statutes is amended to read:

AB100-engrossed,488,20 49.137 (3) (a) From the allocation under s. 49.155 (1g) (b) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

****Note: This is reconciled s. 49.137 (3) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1057 Section 1057. 49.137 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,489,5 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.155 (1g) (b) (d), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

****Note: This is reconciled s. 49.137 (4) (intro.). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1058 Section 1058. 49.137 (4m) of the statutes is amended to read:

AB100-engrossed,489,11 49.137 (4m) Local pass-through grant program. The From the allocation under s. 49.155 (1g) (d), the department shall award grants to local governments and tribal governing bodies for programs to improve the quality of child care. The department shall promulgate rules to administer the grant program, including rules that specify the eligibility criteria and procedures for awarding the grants.

AB100-engrossed, s. 1059 Section 1059. 49.1375 of the statutes is repealed.

AB100-engrossed, s. 1059b Section 1059b. 49.138 (1m) (intro.) of the statutes is amended to read:

AB100-engrossed,490,6 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) (dz) 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:

AB100-engrossed, s. 1059d Section 1059d. 49.138 (2) of the statutes is repealed.

AB100-engrossed, s. 1059f Section 1059f. 49.143 (1) (ac) of the statutes is created to read:

AB100-engrossed,490,12 49.143 (1) (ac) 1. Except for a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, a person who submits a bid in a competitive process under par. (a) 1. shall include with the proposal a filing fee of $50 and a statement of economic interests that discloses all of the following information:

AB100-engrossed,490,13 a. The person's assets and liabilities.

AB100-engrossed,490,14 b. The sources of the person's income.

AB100-engrossed,490,16 c. All of the person's other clients, as well as a description of the goods or services provided to those clients.

AB100-engrossed,490,18 d. The identity of all of the person's subsidiaries, affiliates, and parent companies, if any.

AB100-engrossed,490,23 2. Except for a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, a Wisconsin Works agency that enters into a succeeding contract with the department under par. (a) 2. shall, before executing the succeeding contract, submit to the department a filing fee of $50 and a statement of economic interests that discloses the information specified in subd. 1. a. to d.

AB100-engrossed,491,3 3. One year after entering into a contract under par. (a) 1. or 2., a Wisconsin Works agency that is not a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body shall submit to the department a filing fee of $50 and an updated statement of economic interests that discloses the information specified in subd. 1. a. to d.

AB100-engrossed, s. 1059g Section 1059g. 49.143 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,491,10 49.143 (2) Contract requirements. (intro.) Each contract under sub. (1) shall contain performance-based incentives established by the department , as well as financial penalties that the department shall enforce against a Wisconsin Works agency that fails to serve Wisconsin Works participants as required under the contract. The contract shall require a Wisconsin works Works agency to do all of the following:

AB100-engrossed, s. 1059h Section 1059h. 49.143 (2) (g) of the statutes is created to read:

AB100-engrossed,491,16 49.143 (2) (g) If the Wisconsin Works agency is not a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, provide to the department, one year after the date on which the contract under sub. (1) was signed, a filing fee of $50 and an updated statement of economic interests that discloses the information specified in sub. (1) (ac) 1. a. to d.

AB100-engrossed, s. 1059t Section 1059t. 49.143 (4) of the statutes is renumbered 49.143 (4) (a).

AB100-engrossed, s. 1059u Section 1059u. 49.143 (4) (b) of the statutes is created to read:

AB100-engrossed,491,23 49.143 (4) (b) For a Wisconsin Works agency that is not a county department under s. 46.215, 46.22, or 46.23 or a tribal governing body, the department may select the auditor for the annual single financial audit required under federal law. The Wisconsin Works agency shall be required to pay for the annual single financial audit.

AB100-engrossed, s. 1059v Section 1059v. 49.143 (5) (c) of the statutes is amended to read:

AB100-engrossed,492,3 49.143 (5) (c) The Subject to sub. (5m) (b), the department may inspect at any time any Wisconsin works Works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works Works.

AB100-engrossed, s. 1059w Section 1059w. 49.143 (5m) of the statutes is created to read:

AB100-engrossed,492,7 49.143 (5m) Financial records. (a) Each Wisconsin Works agency shall maintain its financial records in accordance with generally accepted accounting principles.

AB100-engrossed,492,12 (b) To ensure that all expenditures of state and federal moneys related to Wisconsin Works are made in compliance with applicable state laws and rules, applicable federal laws and regulations, and the terms of the contracts between the Wisconsin Works agencies and the department, the department shall do all of the following:

AB100-engrossed,492,14 1. At least quarterly review the financial records of each Wisconsin Works agency that administers Wisconsin Works in any of the 10 most populous counties.

AB100-engrossed,492,16 2. At least annually review the financial records of each Wisconsin Works agency not specified in subd. 1.

AB100-engrossed,492,19 3. Periodically review the financial records of entities that have entered into subcontracts with Wisconsin Works agencies to provide goods or services related to Wisconsin Works.

AB100-engrossed, s. 1059x Section 1059x. 49.145 (2) (s) of the statutes is amended to read:

AB100-engrossed,493,16 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works Works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works Works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works Works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works Works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works Works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works Works may be considered assigned to this state. Except as provided in s. 49.1455, any money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin works Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB100-engrossed, s. 1060m Section 1060m. 49.147 (4) (as) of the statutes is amended to read:

AB100-engrossed,494,5 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed less than 20 hours per week, nor more than 30 hours per week, for a participant in a full-time community service job placement. Except as provided in pars. (at) and (av), a Wisconsin works Works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week. The department shall monitor the number of hours that participants in community service job placements are required to work to ensure compliance with the requirements under this paragraph by Wisconsin Works agencies.

AB100-engrossed, s. 1060p Section 1060p. 49.147 (5) (bs) of the statutes is amended to read:

AB100-engrossed,494,16 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works Works agency may require a participant placed in a full-time transitional placement to engage in activities under par. (b) 1. for up to not less than 20 hours per week nor more than 28 hours per week. Except as provided in sub. (5m), a Wisconsin works Works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week. The department shall monitor the number of hours that participants in transitional placements are required to engage in activities under par. (b) 1. to ensure compliance with the requirements under this paragraph by Wisconsin Works agencies.

AB100-engrossed, s. 1061 Section 1061. 49.147 (6) (c) of the statutes is amended to read:

AB100-engrossed,494,21 49.147 (6) (c) Distribution and administration. From the appropriations appropriation under s. 20.445 (3) (dz), (jL), and (md), the department shall distribute funds for job access loans to a Wisconsin Works agency, which shall administer the loans in accordance with rules promulgated by the department.

AB100-engrossed, s. 1069m Section 1069m. 49.153 of the statutes is created to read:

AB100-engrossed,495,2 49.153 Notice before taking certain actions. (1) Written and oral notice. Before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:

AB100-engrossed,495,4 (a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB100-engrossed,495,7 (b) After providing written notice, explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

AB100-engrossed,495,10 (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB100-engrossed,495,13 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) and that define "reasonable attempts" for the purpose of sub. (1) (b) and "reasonable time" for the purpose of sub. (1) (c).

AB100-engrossed, s. 1075 Section 1075. 49.155 (1g) (b) of the statutes is amended to read:

AB100-engrossed,495,23 49.155 (1g) (b) From the appropriation appropriations under s. 20.445 (3) (cm), (kx), and (mc), distribute $7,593,500 in fiscal year 2003-04 and $7,597,300 $1,488,500 in each fiscal year 2004-05 for administering the child care program under this section, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, and for administration of the department's office of child care and for the department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.

****Note: This is reconciled s. 49.155 (1g) (b). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1076d Section 1076d. 49.155 (1g) (c) of the statutes is amended to read:

AB100-engrossed,496,5 49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,440,600 $4,438,200 in fiscal year 2003-04 2005-06 and $4,507,900 $4,440,500 in fiscal year 2004-05 2006-07 to the appropriation account under s. 20.435 (3) (kx).

AB100-engrossed, s. 1077d Section 1077d. 49.155 (1g) (d) of the statutes is created to read: