11. Any other factors that the court in each case determines are relevant.
(cm) 1. Except as provided in subd. 2., if a parent who is required to pay child support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under par. (b) or (c) may not exceed the amount of the adoption assistance maintenance payments under s. 48.975 (3) (a). If an agreement under s. 48.975 (4) is in effect that provides for a payment of $0 under s. 48.975 (3) (a), the payment of $0 shall be considered to be an adoption assistance maintenance payment for purposes of this subdivision.
2. Subdivision 1. does not apply if, after considering the factors under par. (c) 1. to 11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance maintenance payments under s. 48.975 (3) (a) is unfair to the child or to either of the parents.
(d) If the court finds under par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the parent, its reasons for the amount of the modification, and the basis for the modification.
(e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
2. Except as provided in subd. 3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
3. Benefits under ch. 108 may be assigned and withheld only in the manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.
5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.
(f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par. (e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.
(16) The department shall delegate to county departments under ss. 46.22 and 46.23 or the local providers of care and services meeting the standards established by the department under s. 49.34 the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities, if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 46.22 and 46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.
SECTION 575. 49.35 (1) (a) of the statutes is amended to read:
49.35 (1) (a) The department shall supervise the administration of programs under this subchapter and ch. 48. The department shall submit to the federal authorities state plans for the administration of programs under this subchapter and ch. 48 in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
SECTION 576. 49.35 (1) (b) of the statutes is amended to read:
49.35 (1) (b) All records of the department and all county records relating to programs under this subchapter and ch. 48 and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of the services and public assistance specified in this paragraph shall be open to inspection at all reasonable hours by authorized representatives of the department.
SECTION 577. 49.35 (2) of the statutes is amended to read:
49.35 (2) The county administration of all laws relating to programs under this subchapter and ch. 48 shall be vested in the officers and agencies designated in the statutes.
SECTION 578. 49.36 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.36 (2) The department may contract with any county, tribal governing body, or Wisconsin Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3), (3m), or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriations under s. 20.445 (3) 20.437 (2) (dz) and (k).
****NOTE: This is reconciled s. 49.36 (2). This SECTION has been affected by drafts with the following LRB numbers: -0486 and -1261.
SECTION 579. 49.45 (6m) (br) 1. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (ko), or (r), 20.435 (4) (bt) or (7) (b) or 20.445 (3) 20.437 (2) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce development children and families to reduce allocations of funds to counties or Wisconsin works Works agencies in the amount of the disallowance from the appropriation account under s. 20.445 (3) 20.437 (2) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), (ko), or (r) in accordance with s. 16.544 to the extent applicable.
****NOTE: This is reconciled s. 49.45 (6m) (br) 1. This SECTION has been affected by drafts with the following LRB numbers: -1181 and -1261.
SECTION 580. 49.45 (40) of the statutes is amended to read:
49.45 (40) PERIODIC RECORD MATCHES. If the department contracts with the department of workforce development children and families under s. 49.197 (5), the department shall cooperate with the department of workforce development children and families in matching records of medical assistance recipients under s. 49.32 (7).
SECTION 581. 49.475 (6) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.475 (6) SHARING INFORMATION. The department of health and family services shall provide to the department of workforce development children and families, for purposes of the medical support liability program under s. 49.22, any information that the department of health and family services receives under this section. The department of workforce development children and families may allow a county child support agency under s. 59.53 (5) or a tribal child support agency access to the information, subject to the use and disclosure restrictions under s. 49.83, and shall consult with the department of health and family services regarding procedures and methods to adequately safeguard the confidentiality of the information provided under this subsection.
****NOTE: This is reconciled s. 49.475 (6). This SECTION has been affected by drafts with the following LRB numbers: -0248 and -1261.
SECTION 582. 49.48 (1m) of the statutes is amended to read:
49.48 (1m) If an individual who applies for or to renew a certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
SECTION 583. 49.48 (2) of the statutes is amended to read:
49.48 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families for the purpose of making certifications required under s. 49.857.
SECTION 584. 49.48 (3) of the statutes is amended to read:
49.48 (3) The department of health and family services shall deny an application for the issuance or renewal of a certification specified in sub. (1), shall suspend a certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of workforce development children and families certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.
SECTION 585. 49.775 (2) (bm) of the statutes is amended to read:
49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money that is received by the department of workforce development children and families under an assignment to the state under this paragraph and that is not the federal share of support shall be paid to the custodial parent. The department of workforce development children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
SECTION 586. 49.78 (4) of the statutes is amended to read:
49.78 (4) RULES; MERIT SYSTEM. The department of workforce development children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).
SECTION 587. 49.78 (5) of the statutes is amended to read:
49.78 (5) PERSONNEL EXAMINATIONS. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of health and family services children and families for administrative expenditures.
SECTION 588. 49.78 (7) of the statutes is amended to read:
49.78 (7) COUNTY PERSONNEL SYSTEMS. Pursuant to rules promulgated under sub. (4), the department of workforce development children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of workforce development's authority children and families under sub. (4) to establish and maintain personnel standards including salary levels.
SECTION 589. 49.81 (intro.) of the statutes is amended to read:
49.81 Public assistance recipients' bill of rights. (intro.) The department of health and family services, the department of workforce development children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:
SECTION 590. 49.82 (1) of the statutes is amended to read:
49.82 (1) DEPARTMENTS TO ADVISE COUNTIES. The department of health and family services and the department of workforce development children and families shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health and family services and the department of workforce development children and families shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.
SECTION 591. 49.83 of the statutes is amended to read:
49.83 Limitation on giving information. Except as provided under s. 49.32 (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the department of workforce development children and families may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
SECTION 592. 49.845 (1) of the statutes is amended to read:
49.845 (1) FRAUD INVESTIGATION. From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn), the department of health and family services shall establish a program to investigate suspected fraudulent activity 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 and, if the department of workforce development children and families contracts with the department of health and family services under sub. (4), on the part of recipients of aid to families with dependent children under s. 49.19 and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The activities of the department of health and family services under this subsection may include 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 of health and family services shall cooperate with district attorneys regarding fraud prosecutions.
SECTION 593. 49.845 (2) of the statutes is amended to read:
49.845 (2) STATE ERROR REDUCTION ACTIVITIES. The department of health and family services shall conduct activities to reduce payment errors in the Medical Assistance program 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 and, if the department of workforce development children and families contracts with the department of health and family services under sub. (4), in Wisconsin Works under ss. 49.141 to 49.161.
SECTION 594. 49.845 (3) of the statutes is amended to read:
49.845 (3) WISCONSIN WORKS AGENCY ERROR REDUCTION. If the department of workforce development children and families contracts with the department of health and family services under sub. (4), the department of health and family services shall provide funds from the appropriation under s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the administrative costs of reducing payment errors in Wisconsin Works under ss. 49.141 to 49.161.
SECTION 595. 49.845 (4) of the statutes is amended to read:
49.845 (4) CONTRACT FOR WISCONSIN WORKS. Notwithstanding s. 49.197 (1m) and (3), the department of workforce development children and families may contract with the department of health and family services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided in this section.
SECTION 596. 49.85 (1) of the statutes is amended to read:
49.85 (1) DEPARTMENT NOTIFICATION REQUIREMENT. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and family services may recover an amount under s. 49.497, 49.793, or 49.847, or that the department of workforce development children and families may recover an amount under s. 49.161 or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of workforce development children and families may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of workforce development children and families of the determination.
SECTION 597. 49.85 (2) (b) of the statutes is amended to read:
49.85 (2) (b) At least annually, the department of workforce development children and families shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of workforce development children and families, the department of workforce development children and families has determined that it may recover under ss. 49.161 and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the department of workforce development children and families may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
SECTION 598. 49.85 (3) (b) (intro.) of the statutes is amended to read:
49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development children and families shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:
SECTION 599. 49.85 (3) (b) 1. of the statutes is amended to read:
49.85 (3) (b) 1. Inform the person that the department of workforce development children and families intends to certify to the department of revenue an amount that the department of workforce development children and families has determined to be due under s. 49.161 or 49.195 (3) or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
SECTION 600. 49.85 (3) (b) 2. of the statutes is amended to read:
49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of workforce development children and families to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
SECTION 601. 49.85 (3) (b) 3. of the statutes is amended to read:
49.85 (3) (b) 3. Inform the person that, if the determination of the department of workforce development children and families is appealed, that department will not certify the amount to the department of revenue while the determination of the department of workforce development children and families is under appeal.
SECTION 602. 49.85 (3) (b) 4. of the statutes is amended to read:
49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of workforce development children and families, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
SECTION 603. 49.85 (3) (b) 5. of the statutes is amended to read:
49.85 (3) (b) 5. Request that the person inform the department of workforce development children and families if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
SECTION 604. 49.85 (4) (b) of the statutes is amended to read:
49.85 (4) (b) If a person has requested a hearing under this subsection, the department of workforce development children and families shall hold a contested case hearing under s. 227.44, except that the department of workforce development children and families may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
SECTION 605. 49.85 (5) of the statutes is amended to read:
49.85 (5) EFFECT OF CERTIFICATION. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development children and families from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development children and families shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.
SECTION 606. 49.852 (1) of the statutes is renumbered 49.852 (1m) and amended to read:
49.852 (1m) The department of workforce development may direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless the amount specified has either not been appealed or is no longer under appeal under s. 49.854.
SECTION 607. 49.852 (1c) of the statutes is created to read:
49.852 (1c) In this section, "department" means the department of children and families.
SECTION 608. 49.852 (2) (intro.) of the statutes is amended to read:
49.852 (2) (intro.) The department of workforce development shall send a notice to the last-known address of the person from whom the department intends to recover the amount specified in the statewide support lien docket under s. 49.854 (2) (b). The notice shall do all of the following:
SECTION 609. 49.852 (2) (c) of the statutes is amended to read:
49.852 (2) (c) Request that the person inform the department of workforce development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.
SECTION 610. 49.852 (3) of the statutes is amended to read:
49.852 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. The court shall schedule a hearing within 10 business days after receiving a request for a hearing. A circuit court commissioner may conduct the hearing. If the court determines that the person owes the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may not direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.
SECTION 611. 49.852 (4) (a) of the statutes is amended to read:
49.852 (4) (a) If the department of workforce development directs the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the amount specified in the statewide support lien docket, on any lump sum payment from a pension plan that may be paid the person.
SECTION 612. 49.852 (4) (b) of the statutes is amended to read:
49.852 (4) (b) If the department of workforce development directs the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct from any lump sum payment that may be paid the person the amount specified in the statewide support lien docket, less any amount specified under par. (d). If the amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any amount specified under par. (d), exceeds the lump sum payment, the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct the entire lump sum payment, less any withholdings otherwise required by law. The amount deducted under this paragraph shall be remitted to the department of workforce development.
SECTION 613. 49.852 (4) (c) of the statutes is amended to read:
49.852 (4) (c) A directive to the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) under this section does not prohibit the department of workforce development from attempting to recover the amount through other legal means.
