SB40-CSA1,683,2215
49.175
(2) (c) If the amounts of federal block grant moneys that are required
16to be credited to the appropriation accounts under s.
20.445 (3) 20.437 (2) (mc) and
17(md) are less than the amounts appropriated under s.
20.445 (3) 20.437 (2) (mc) and
18(md), the department shall submit a plan to the secretary of administration for
19reducing the amounts of moneys allocated under sub. (1). If the secretary of
20administration approves the plan, the amounts of moneys required to be allocated
21under sub. (1) may be reduced as proposed by the department and the department
22shall allocate the moneys as specified in the plan.
SB40-CSA1, s. 1459
23Section
1459. 49.19 (1) (a) 2. b. of the statutes is amended to read:
SB40-CSA1,684,824
49.19
(1) (a) 2. b. Is living in a foster home or treatment foster home licensed
25under s. 48.62 if a license is required under that section, in a foster home or treatment
1foster home located within the boundaries of a federally recognized American Indian
2reservation in this state and licensed by the tribal governing body of the reservation,
3in a group home licensed under s. 48.625, or in a residential care center for children
4and youth licensed under s. 48.60, and has been placed in the foster home, treatment
5foster home, group home, or center by a county department under s. 46.215, 46.22
, 6or 46.23, by the department
of health and family services, by the department of
7corrections, or by a federally recognized American Indian tribal governing body in
8this state under an agreement with a county department.
SB40-CSA1,684,2310
49.19
(10) (a) Aid under this section may also be granted to a nonrelative who
11cares for a child dependent upon the public for proper support in a foster home or
12treatment foster home having a license under s. 48.62, in a foster home or treatment
13foster home located within the boundaries of a federally recognized American Indian
14reservation in this state and licensed by the tribal governing body of the reservation
15or in a group home licensed under s. 48.625, regardless of the cause or prospective
16period of dependency. The state shall reimburse counties pursuant to the procedure
17under s.
46.495 48.569 (2) and the percentage rate of participation set forth in s.
1846.495 48.569 (1) (d) for aid granted under this subsection except that if the child does
19not have legal settlement in the granting county, state reimbursement shall be at
20100%. The county department under s. 46.215 or 46.22 shall determine the legal
21settlement of the child. A child under one year of age shall be eligible for aid under
22this subsection irrespective of any other residence requirement for eligibility within
23this section.
SB40-CSA1,685,10
149.19
(10) (d) Aid may also be paid under this section to a licensed foster home,
2treatment foster home, group home, or residential care center for children and youth
3by the state when the child is in the custody or guardianship of the state, when the
4child is a ward of an American Indian tribal court in this state and the placement is
5made under an agreement between the department and the tribal governing body,
6or when the child was part of the state's direct service case load and was removed
7from the home of a relative specified in sub. (1) (a) as a result of a judicial
8determination that continuance in the home of a relative would be contrary to the
9child's welfare for any reason and the child is placed by the department
of health and
10family services or the department of corrections.
SB40-CSA1, s. 1462
11Section
1462. 49.19 (11) (a) 1. a. of the statutes is amended to read:
SB40-CSA1,685,1612
49.19
(11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly
13payments made under s.
20.445 (3) 20.437 (2) (dz) and (md) to persons or to families
14with dependent children shall be based on family size and shall be at 80% of the total
15of the allowances under subds. 2. and 4. plus the following standards of assistance
16beginning on September 1, 1987:
-
See PDF for table SB40-CSA1,686,4
149.19
(11s) (d) From the appropriation under s.
20.445 (3) 20.437 (2) (a), the
2department may award grants to county departments under ss. 46.215, 46.22 and
346.23 for providing education services relating to family planning, as defined in s.
4253.07 (1) (a), to persons who are subject to par. (b).
SB40-CSA1,686,96
49.195
(3r) From the appropriation under s.
20.445 (3) 20.437 (2) (L) the
7department may contract with or employ a collection agency or other person to
8enforce a repayment obligation of a person who is found liable under sub. (3) who is
9delinquent in making repayments.
SB40-CSA1,687,311
49.197
(1m) Fraud investigation. From the appropriations under s.
20.445 (3) 1220.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program
13to investigate suspected fraudulent activity on the part of recipients of aid to families
14with dependent children under s. 49.19, on the part of participants in the Wisconsin
15Works program under ss. 49.141 to 49.161, and, if the department of health and
16family services contracts with the department under sub. (5), on the part of recipients
17of medical assistance under subch. IV, food stamp benefits under the food stamp
18program under
7 USC 2011 to
2036, supplemental security income payments under
19s. 49.77, payments for the support of children of supplemental security income
20recipients under s. 49.775, and health care benefits under the Badger Care health
21care program under s. 49.665. The department's activities under this subsection may
22include, but are not limited to, comparisons of information provided to the
23department by an applicant and information provided by the applicant to other
24federal, state, and local agencies, development of an advisory welfare investigation
25prosecution standard, and provision of funds to county departments under ss.
146.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to
2detect fraud. The department shall cooperate with district attorneys regarding
3fraud prosecutions.
SB40-CSA1,687,75
49.197
(2) Fraud investigation by counties and tribal governing bodies. (a)
6In this subsection, "tribal governing body" means an elected governing body of a
7federally recognized American Indian tribe.
SB40-CSA1,687,128
(b) A county or tribal governing body may establish a program to investigate
9suspected fraudulent activity on the part of participants in the Wisconsin Works
10program under this subchapter, including persons receiving a child care subsidy
11under s. 49.155, and to recover incorrect payments made or incorrect benefits
12provided as a result of fraudulent activity.
SB40-CSA1,687,1413
(c) If a county or tribal governing body establishes a program under par. (b), the
14county or tribal governing body shall pay to the department all of the following:
SB40-CSA1,687,1715
1. Fifty percent of all amounts recovered by the county or tribal governing body
16as a result of its program during the first month in which it recovers any amounts
17as a result of its program.
SB40-CSA1,687,2018
2. Sixty-six percent of all amounts recovered by the county or tribal governing
19body as a result of its program during the 2nd month in which it recovers any
20amounts as a result of its program.
SB40-CSA1,687,2321
3. One hundred percent of all amounts recovered by the county or tribal
22governing body as a result of its program after the 2nd month in which it recovers
23any amounts as a result of its program.
SB40-CSA1,688,424
(d) The department shall credit all moneys received under this subsection to
25the appropriation account under s. 20.445 (3) (g). The department shall use moneys
1recovered as a result of fraud in the Wisconsin Works program, other than the child
2care subsidy program under s. 49.155, for the Wisconsin Works program other than
3the child care subsidy program and shall use moneys recovered as a result of fraud
4in the child care subsidy program under s. 49.155 for the child care subsidy program.
SB40-CSA1, s. 1465p
5Section 1465p. 49.197 (2) (d) of the statutes, as created by 2007 Wisconsin Act
6.... (this act), is amended to read:
SB40-CSA1,688,137
49.197
(2) (d) The department shall credit all moneys received under this
8subsection to the appropriation account under s.
20.445 (3) 20.437 (2) (g). The
9department shall use moneys recovered as a result of fraud in the Wisconsin Works
10program, other than the child care subsidy program under s. 49.155, for the
11Wisconsin Works program other than the child care subsidy program and shall use
12moneys recovered as a result of fraud in the child care subsidy program under s.
1349.155 for the child care subsidy program.
SB40-CSA1,688,2315
49.197
(4) County and tribal error reduction. If the department of health and
16family services contracts with the department under sub. (5), the department shall
17provide funds from the appropriation under s.
20.445 (3) 20.437 (2) (kx) to counties
18and governing bodies of federally recognized American Indian tribes administering
19Medical Assistance under subch. IV, the food stamp program under
7 USC 2011 to
202036, the supplemental security income payments program under s. 49.77, the
21program providing payments for the support of children of supplemental security
22income recipients under s. 49.775, and the Badger Care health care program under
23s. 49.665 to offset administrative costs of reducing payment errors in those programs.
SB40-CSA1,689,14
149.22
(2m) (a) The department may request from any person in this state
2information it determines appropriate and necessary for the administration of this
3section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468
and
, 49.47
, and 49.471 and
4programs carrying out the purposes of
7 USC 2011 to
2029. Unless access to the
5information is prohibited or restricted by law, or unless the person has good cause,
6as determined by the department in accordance with federal law and regulations, for
7refusing to cooperate, the person shall make a good faith effort to provide this
8information within 7 days after receiving a request under this paragraph. Except
9as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the
10county child support agency under s. 59.53 (5) may disclose information obtained
11under this paragraph only in the administration of this section, ss. 49.141 to 49.161,
1249.19, 49.46
and, 49.47
, and 49.471 and programs carrying out the purposes of
7 USC
132011 to
2029. Employees of the department or a county child support agency under
14s. 59.53 (5) are subject to s. 49.83.
SB40-CSA1,689,2016
49.22
(2m) (b) The department or county child support agency under s. 59.53
17(5) may issue a subpoena, in substantially the form authorized under s. 885.02, to
18compel the production of financial information and other documentary evidence in
19the administration of this section, ss. 49.145, 49.19, 49.46
and, 49.47
, and 49.471 and
20programs carrying out the purposes of
7 USC 2011 to
2029.
SB40-CSA1,690,222
49.22
(2m) (c) 3. Any other action taken in good faith to comply with this section
23or a subpoena described in par. (bc) or to comply with a request for information or
24access to records from the department or a county child support agency under s. 59.53
1(5) in the administration of this section, ss. 49.145, 49.19, 49.46
and, 49.47
, and
249.471 and programs carrying out the purposes of
7 USC 2011 to
2029.
SB40-CSA1,690,124
49.22
(6) The department shall establish, pursuant to federal and state laws,
5rules and regulations, a uniform system of fees for services provided under this
6section to individuals not receiving aid under s.
46.261 48.645, 49.19
, or 49.47;
7benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
842 USC 670 to
679a; or kinship care payments under s. 48.57 (3m) or long-term
9kinship care payments under s. 48.57 (3n). The system of fees may take into account
10an individual's ability to pay. Any fee paid and collected under this subsection may
11be retained by the county providing the service except for the fee specified in
42 USC
12653 (e) (2) for federal parent locator services.
SB40-CSA1, s. 1471
13Section
1471
. 49.22 (6) of the statutes, as affected by 2007 Wisconsin Act ....
14(this act), is amended to read:
SB40-CSA1,690,2315
49.22
(6) The department shall establish, pursuant to federal and state laws,
16rules and regulations, a uniform system of fees for services provided under this
17section to individuals not receiving aid under s. 48.645, 49.19
or, 49.47
, or 49.471;
18benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
1942 USC 670 to
679a; or kinship care payments under s. 48.57 (3m) or long-term
20kinship care payments under s. 48.57 (3n). The system of fees may take into account
21an individual's ability to pay. Any fee paid and collected under this subsection may
22be retained by the county providing the service except for the fee specified in
42 USC
23653 (e) (2) for federal parent locator services.
SB40-CSA1,691,14
149.22
(7) The department may represent the state in any action to establish
2paternity or to establish or enforce a support or maintenance obligation. The
3department may delegate its authority to represent the state in any action to
4establish paternity or to establish or enforce a support or maintenance obligation
5under this section to an attorney responsible for support enforcement under s. 59.53
6(6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall
7ensure that any such contract is for an amount reasonable and necessary to assure
8quality service. The department may, by such a contract, authorize a county to
9contract with any attorney, collection agency or other person to collect unpaid child
10support or maintenance. If a county fails to fully implement the programs under s.
1159.53 (5), the department may implement them and may contract with any
12appropriate person to obtain necessary services. The department shall establish a
13formula for disbursing funds appropriated under s.
20.445 (3) 20.437 (2) (md) to carry
14out a contract under this subsection.
SB40-CSA1,691,2216
49.24
(1) From the appropriation under s. 20.445 (3)
(k) (b), the department
17shall provide child support incentive payments to counties.
Total payments In fiscal
18year 2007-08, amounts allocated by the department under this subsection may not
19exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
20with fiscal year 2008-09, amounts allocated under this subsection may not exceed
21$5,690,000 $5,500,000 per
fiscal year
, plus any amounts not obligated in the prior
22fiscal year.
SB40-CSA1, s. 1474
23Section
1474
. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act ....
24(this act), section 1473, is amended to read:
SB40-CSA1,692,6
149.24
(1) From the appropriation under s.
20.445 (3) 20.437 (2) (b), the
2department shall provide child support incentive payments to counties. In fiscal
3year 2007-08, amounts allocated by the department under this subsection may not
4exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
5with fiscal year 2008-09, amounts allocated under this subsection may not exceed
6$5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.
SB40-CSA1, s. 1474d
7Section 1474d. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act ....
8(this act), section 1473, is amended to read:
SB40-CSA1,692,159
49.24
(1) From the appropriation under s. 20.445 (3)
(b) (k), the department
10shall provide child support incentive payments to counties.
In fiscal year 2007-08,
11amounts allocated by the department Total payments under this subsection may not
12exceed
$2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
13with fiscal year 2008-09, amounts allocated under this subsection may not exceed
14$5,500,000 $5,690,000 per
fiscal year, plus any amounts not obligated in the prior
15fiscal year.
SB40-CSA1, s. 1475
16Section
1475. 49.24 (2) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,692,1917
49.24
(2) (b) (intro.) Subject to
the incentive payments limit specified in par.
18(a), the department shall distribute to counties, in accordance with the formula
19established under par. (a), all of the following:
SB40-CSA1, s. 1475d
20Section 1475d. 49.24 (2) (b) (intro.) of the statutes, as affected by 2007
21Wisconsin Act .... (this act), is amended to read:
SB40-CSA1,692,2422
49.24
(2) (b) (intro.) Subject to
the incentive payments limit specified in par.
23(a), the department shall distribute to counties, in accordance with the formula
24established under par. (a), all of the following:
SB40-CSA1,693,52
49.24
(2) (dm) If the amount of federal child support incentive payments
3awarded to the state for a federal fiscal year is less than $12,340,000, the total of
4payments distributed to counties under par. (b) and sub. (1) for that federal fiscal
5year may not exceed $12,340,000.
SB40-CSA1,693,107
49.24
(4) If federal legislation reinstates the matching of federal funds for
8federal child support incentive payments, the department shall provide a notice in
9the Wisconsin Administrative Register that states the effective date of that federal
10legislation.
SB40-CSA1,693,2012
49.26
(1) (d) A county department or Wisconsin
works Works agency that
13provides services under this subsection directly shall develop a plan, in coordination
14with the school districts located in whole or in part in the county, describing the
15assistance that the county department or Wisconsin
works Works agency and school
16districts will provide to individuals receiving services under this subsection, the
17number of individuals that will be served and the estimated cost of the services. The
18county department or Wisconsin
works Works agency shall submit the plan to the
19department
of workforce development and the department of public instruction by
20January 15, annually.
SB40-CSA1, s. 1478
21Section
1478. 49.26 (1) (g) (intro.) of the statutes is amended to read:
SB40-CSA1,693,2522
49.26
(1) (g) (intro.) An individual who is a dependent child in a Wisconsin
23works Works group that includes a participant under s. 49.147 (3),
(3m), (4)
, or (5)
24or who is a recipient of aid under s. 49.19 is subject to the school attendance
25requirement under par. (ge) if all of the following apply:
SB40-CSA1, s. 1479
1Section
1479. 49.26 (1) (h) 1s. b. of the statutes is amended to read:
SB40-CSA1,694,52
49.26
(1) (h) 1s. b. An individual who is a dependent child in a Wisconsin
works 3Works group that includes a participant under s. 49.147 (3),
(3m), (4)
, or (5) and who
4fails to meet the school attendance requirement under par. (ge) is subject to a
5monthly sanction.
SB40-CSA1,694,7
749.27 Legal actions. The department may sue and be sued.
SB40-CSA1,694,14
949.273 Research, investigations. The secretary shall plan for and establish
10within the department a program of research designed to determine the
11effectiveness of the treatment, curative, and rehabilitative programs of the various
12divisions of the department. The secretary may inquire into any matter affecting
13children and families, hold hearings, subpoena witnesses and make
14recommendations on those matters to the appropriate public or private agencies.
SB40-CSA1,694,20
1649.275 Cooperation with federal government. The department may
17cooperate with the federal government in carrying out federal acts concerning public
18assistance under this subchapter
and child welfare under ch. 48 and in other matters
19of mutual concern under this subchapter pertaining to public welfare
and under ch.
2048 pertaining to child welfare.
SB40-CSA1,695,722
49.32
(1) (a)
The Except as provided in s. 49.345 (14) (b) and (c), the department
23shall establish a uniform system of fees for services provided or purchased under this
24subchapter
and ch. 48 by the department, or a county department under s. 46.215,
2546.22
, or 46.23, except as provided in s. 49.22 (6) and except
where when, as
1determined by the department, a fee is administratively unfeasible or would
2significantly prevent accomplishing the purpose of the service. A county department
3under s. 46.215, 46.22 or 46.23 shall apply the fees
which that it collects under this
4program to cover the cost of
such those services.
The department shall report to the
5joint committee on finance no later than March 1 of each year on the number of
6children placed for adoption by the department during the previous year and the
7costs to the state for services relating to such adoptions.
SB40-CSA1,695,119
49.32
(1) (am) Paragraph (a) does not prevent the department from charging
10and collecting the cost of adoptive placement investigations and child care as
11authorized under s. 48.837 (7).
SB40-CSA1,695,2013
49.32
(1) (b)
Any Except as provided in s. 49.345 (14) (b) and (c), any person
14receiving services provided or purchased under par. (a) or the spouse of the person
15and, in the case of a minor, the parents of the person, and, in the case of a foreign child
16described in s. 48.839 (1) who became dependent on public funds for his or her
17primary support before an order granting his or her adoption, the resident of this
18state appointed guardian of the child by a foreign court who brought the child into
19this state for the purpose of adoption, shall be liable for the services in the amount
20of the fee established under par. (a).
SB40-CSA1,696,222
49.32
(1) (c) The department shall make collections from the person who in the
23opinion of the department is best able to pay, giving due regard to the present needs
24of the person or of his or her lawful dependents. The department may bring an action
25in the name of the department to enforce the liability established under par. (b).
This
1paragraph does not apply to the recovery of fees for the care and services specified
2under s. 49.345.
SB40-CSA1,696,54
49.32
(2) (d) The department shall disburse from state or federal funds or both
5the entire amount and charge the county for its share under s. 48.569.
SB40-CSA1,696,177
49.32
(9) (a) Each county department under s. 46.215, 46.22
, or 46.23
8administering aid to families with dependent children shall maintain a monthly
9report at its office showing the names of all persons receiving aid to families with
10dependent children together with the amount paid during the preceding month.
11Each Wisconsin
works Works agency administering Wisconsin
works Works under
12ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names
13of all persons receiving benefits under s. 49.148 together with the amount paid
14during the preceding month. Nothing in this paragraph shall be construed to
15authorize or require the disclosure in the report of any information (names, amounts
16of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
17in foster homes or treatment foster homes under s.
46.261 48.645 or 49.19 (10).
SB40-CSA1, s. 1489
18Section
1489. 49.32 (11) of the statutes is renumbered 103.005 (21) and
19amended to read:
SB40-CSA1,697,220
103.005
(21) Community action agencies. The department shall distribute all
21of the funds under s. 20.445
(3) (1) (cr) to community action agencies and
22organizations, including any of the 11 federally recognized tribal governing bodies
23in this state and limited-purpose agencies, in proportion to the share of funds
24actually allocated to these entities under
42 USC 1315 and from other federal and
1private foundation sources that provide funds for job creation and development for
2individuals with low incomes.
SB40-CSA1,697,74
49.32
(11m) Consolidation of allocated tribal funds. The department may
5consolidate funds appropriated under s. 20.437 that are authorized or required to be
6allocated to federally recognized American Indian tribes or bands into a single
7distribution for each tribe or band in each fiscal year.
SB40-CSA1,697,119
49.32
(12) Administrative hearings and appeals. Any hearing under s. 227.42
10granted by the department under this subchapter
or ch. 48 may be conducted before
11the division of hearings and appeals in the department of administration.
SB40-CSA1,697,1513
49.325
(1) (a) Each county department under s. 46.215, 46.22
, or 46.23 shall
14submit its final budget for services directly provided or purchased under this
15subchapter
or ch. 48 to the department by December 31 annually.
SB40-CSA1,697,2117
49.325
(2) Assessment of needs. Before developing and submitting a proposed
18budget for services directly provided or purchased under this subchapter
or ch. 48 19to the county executive or county administrator or the county board, the county
20departments listed in sub. (1) shall assess needs and inventory resources and
21services, using an open public participation process.