2007 Wisconsin Act 20

49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) 20.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

20,1465m Section 1465m. 49.197 (2) of the statutes is created to read:

49.197 (2) Fraud investigation by counties and tribal governing bodies. (a) In this subsection, "tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

(b) A county or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.

(c) If a county or tribal governing body establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following:

1. Fifty percent of all amounts recovered by the county or tribal governing body as a result of its program during the first month in which it recovers any amounts as a result of its program.

2. Sixty-six percent of all amounts recovered by the county or tribal governing body as a result of its program during the 2nd month in which it recovers any amounts as a result of its program.

3. One hundred percent of all amounts recovered by the county or tribal governing body as a result of its program after the 2nd month in which it recovers any amounts as a result of its program.

(d) The department shall credit all moneys received under this subsection to the appropriation account under s. 20.445 (3) (g). The department shall use moneys recovered as a result of fraud in the Wisconsin Works program, other than the child care subsidy program under s. 49.155, for the Wisconsin Works program other than the child care subsidy program and shall use moneys recovered as a result of fraud in the child care subsidy program under s. 49.155 for the child care subsidy program.

20,1465p Section 1465p. 49.197 (2) (d) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

49.197 (2) (d) The department shall credit all moneys received under this subsection to the appropriation account under s. 20.445 (3) 20.437 (2) (g). The department shall use moneys recovered as a result of fraud in the Wisconsin Works program, other than the child care subsidy program under s. 49.155, for the Wisconsin Works program other than the child care subsidy program and shall use moneys recovered as a result of fraud in the child care subsidy program under s. 49.155 for the child care subsidy program.

20,1466 Section 1466. 49.197 (4) of the statutes is amended to read:

49.197 (4) County and tribal error reduction. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.445 (3) 20.437 (2) (kx) to counties and governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

20,1467 Section 1467. 49.22 (2m) (a) of the statutes is amended to read:

49.22 (2m) (a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029. Employees of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83.

20,1468 Section 1468. 49.22 (2m) (b) of the statutes is amended to read:

49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

20,1469 Section 1469. 49.22 (2m) (c) 3. of the statutes is amended to read:

49.22 (2m) (c) 3. Any other action taken in good faith to comply with this section or a subpoena described in par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

20,1470 Section 1470 . 49.22 (6) of the statutes is amended to read:

49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261 48.645, 49.19, or 49.47; benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

20,1471 Section 1471 . 49.22 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 48.645, 49.19 or , 49.47, or 49.471; benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

20,1472 Section 1472. 49.22 (7) of the statutes is amended to read:

49.22 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.53 (6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) 20.437 (2) (md) to carry out a contract under this subsection.

20,1473 Section 1473. 49.24 (1) of the statutes is amended to read:

49.24 (1) From the appropriation under s. 20.445 (3) (k) (b), the department shall provide child support incentive payments to counties. Total payments In fiscal year 2007-08, amounts allocated by the department under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,690,000 $5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.

20,1474 Section 1474 . 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 1473, is amended to read:

49.24 (1) From the appropriation under s. 20.445 (3) 20.437 (2) (b), the department shall provide child support incentive payments to counties. In fiscal year 2007-08, amounts allocated by the department under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.

20,1474d Section 1474d. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 1473, is amended to read:

49.24 (1) From the appropriation under s. 20.445 (3) (b) (k), the department shall provide child support incentive payments to counties. In fiscal year 2007-08, amounts allocated by the department Total payments under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,500,000 $5,690,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.

20,1475 Section 1475. 49.24 (2) (b) (intro.) of the statutes is amended to read:

49.24 (2) (b) (intro.) Subject to the incentive payments limit specified in par. (a), the department shall distribute to counties, in accordance with the formula established under par. (a), all of the following:

20,1475d Section 1475d. 49.24 (2) (b) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

49.24 (2) (b) (intro.) Subject to the incentive payments limit specified in par. (a), the department shall distribute to counties, in accordance with the formula established under par. (a), all of the following:

20,1476 Section 1476. 49.24 (2) (d) of the statutes is repealed.

20,1476d Section 1476d. 49.24 (2) (dm) of the statutes is created to read:

49.24 (2) (dm) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000, the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.

20,1476g Section 1476g. 49.24 (4) of the statutes is created to read:

49.24 (4) If federal legislation reinstates the matching of federal funds for federal child support incentive payments, the department shall provide a notice in the Wisconsin Administrative Register that states the effective date of that federal legislation.

20,1477 Section 1477. 49.26 (1) (d) of the statutes is amended to read:

49.26 (1) (d) A county department or Wisconsin works Works agency that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department or Wisconsin works Works agency and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department or Wisconsin works Works agency shall submit the plan to the department of workforce development and the department of public instruction by January 15, annually.

20,1478 Section 1478. 49.26 (1) (g) (intro.) of the statutes is amended to read:

49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) or who is a recipient of aid under s. 49.19 is subject to the school attendance requirement under par. (ge) if all of the following apply:

20,1479 Section 1479. 49.26 (1) (h) 1s. b. of the statutes is amended to read:

49.26 (1) (h) 1s. b. An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) and who fails to meet the school attendance requirement under par. (ge) is subject to a monthly sanction.

20,1480 Section 1480. 49.27 of the statutes is created to read:

49.27 Legal actions. The department may sue and be sued.

20,1481 Section 1481. 49.273 of the statutes is created to read:

49.273 Research, investigations. The secretary shall plan for and establish within the department a program of research designed to determine the effectiveness of the treatment, curative, and rehabilitative programs of the various divisions of the department. The secretary may inquire into any matter affecting children and families, hold hearings, subpoena witnesses and make recommendations on those matters to the appropriate public or private agencies.

20,1482 Section 1482. 49.275 of the statutes is amended to read:

49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and child welfare under ch. 48 and in other matters of mutual concern under this subchapter pertaining to public welfare and under ch. 48 pertaining to child welfare.

20,1483 Section 1483. 49.32 (1) (a) of the statutes is amended to read:

49.32 (1) (a) The Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased under this subchapter and ch. 48 by the department, or a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except where when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees which that it collects under this program to cover the cost of such those services. The department shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department during the previous year and the costs to the state for services relating to such adoptions.

20,1484 Section 1484. 49.32 (1) (am) of the statutes is created to read:

49.32 (1) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7).

20,1485 Section 1485. 49.32 (1) (b) of the statutes is amended to read:

49.32 (1) (b) Any Except as provided in s. 49.345 (14) (b) and (c), any person receiving services provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

20,1486 Section 1486. 49.32 (1) (c) of the statutes is amended to read:

49.32 (1) (c) The department shall make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring an action in the name of the department to enforce the liability established under par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under s. 49.345.

20,1487 Section 1487. 49.32 (2) (d) of the statutes is created to read:

49.32 (2) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 48.569.

20,1488 Section 1488. 49.32 (9) (a) of the statutes is amended to read:

49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin works Works agency administering Wisconsin works Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 46.261 48.645 or 49.19 (10).

20,1489 Section 1489. 49.32 (11) of the statutes is renumbered 103.005 (21) and amended to read:

103.005 (21) Community action agencies. The department shall distribute all of the funds under s. 20.445 (3) (1) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under 42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.

20,1490 Section 1490. 49.32 (11m) of the statutes is created to read:

49.32 (11m) Consolidation of allocated tribal funds. The department may consolidate funds appropriated under s. 20.437 that are authorized or required to be allocated to federally recognized American Indian tribes or bands into a single distribution for each tribe or band in each fiscal year.

20,1491 Section 1491. 49.32 (12) of the statutes is amended to read:

49.32 (12) Administrative hearings and appeals. Any hearing under s. 227.42 granted by the department under this subchapter or ch. 48 may be conducted before the division of hearings and appeals in the department of administration.

20,1492 Section 1492. 49.325 (1) (a) of the statutes is amended to read:

49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services directly provided or purchased under this subchapter or ch. 48 to the department by December 31 annually.

20,1493 Section 1493. 49.325 (2) of the statutes is amended to read:

49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services directly provided or purchased under this subchapter or ch. 48 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

20,1494 Section 1494. 49.325 (2g) (a) of the statutes is amended to read:

49.325 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services directly provided or purchased under this subchapter or ch. 48 and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

20,1495 Section 1495. 49.325 (2g) (c) of the statutes is amended to read:

49.325 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of services under this subchapter or ch. 48 to the committee for review and approval.

20,1496 Section 1496. 49.325 (2r) (a) 1. of the statutes is amended to read:

49.325 (2r) (a) 1. For services under this subchapter which or ch. 48 that duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.

20,1497 Section 1497. 49.325 (2r) (a) 2. of the statutes is amended to read:

49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for provision of services under this subchapter or ch. 48 by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

20,1498 Section 1498. 49.325 (3) (a) of the statutes is amended to read:

49.325 (3) (a) Citizen advisory committee. Except as provided in par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under ss. 46.215, 46.22 and 46.23. The citizen advisory committee shall advise in the formulation of the budget under sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of services and citizens. A majority of the members of the committee shall be citizens and consumers of services. At least one member of the committee shall be chosen from the governing or administrative board of the community action agency serving the county or counties under s. 49.265, if any. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% services providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.

20,1499 Section 1499. 49.34 (1) of the statutes is amended to read:

49.34 (1) All services under this subchapter and ch. 48 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

20,1500 Section 1500. 49.34 (2) of the statutes is amended to read:

49.34 (2) All services purchased under this subchapter and ch. 48 shall meet standards established by the department and other requirements specified by the purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of the services, and document the specific services in meeting the service plan for the client and the objective of the service.

20,1501 Section 1501. 49.34 (4) (a) of the statutes is amended to read: