SECTION 643. 49.857 (3) (ar) 2. of the statutes is amended to read:
49.857 (3) (ar) 2. If at a hearing under subd. 1. the court or circuit court commissioner finds that the individual does not owe delinquent support, or if within 20 business days after receiving a notice under par. (am) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall remove the individual's name from the certification list.
SECTION 644. 49.857 (3) (ar) 3. of the statutes is amended to read:
49.857 (3) (ar) 3. If at a hearing under subd. 1. the court or circuit court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or circuit court commissioner may order for the individual an alternative payment arrangement. If the court or circuit court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.
SECTION 645. 49.857 (3) (b) (intro.) of the statutes is amended to read:
49.857 (3) (b) (intro.) Any subpoena or warrant shall include notice to the individual of the effect that a failure to comply with the subpoena or warrant may have on any license that the individual holds or for which the individual applies. If the individual fails to comply, before the department of workforce development certifies to a licensing authority or a licensing agency under the system established under sub. (2) that an individual has failed to comply with a subpoena or warrant, the department of workforce development or a child support agency shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:
SECTION 646. 49.857 (3) (bm) of the statutes is amended to read:
49.857 (3) (bm) If an individual, after receiving notice under par. (b), does not satisfy the requirements under the subpoena or warrant, the department of workforce development shall place the individual's name on a certification list.
SECTION 647. 49.857 (3) (c) (intro.) of the statutes is amended to read:
49.857 (3) (c) (intro.) If the department of workforce development children and families provides a certification list to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing, upon receipt of the list the licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing shall do all of the following:
SECTION 648. 49.857 (3) (d) 1. of the statutes is amended to read:
49.857 (3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of delinquent support, is denied a license or whose license, on the basis of delinquent support, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of workforce development children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development children and families, notify the credentialing board to grant or reinstate the individual's credential.
SECTION 649. 49.857 (3) (d) 2. of the statutes is amended to read:
49.857 (3) (d) 2. Subject to sub. (2) (d), if an individual who, on the basis of a failure to comply with a subpoena or warrant, is denied a license or whose license, on the basis of a failure to comply with a subpoena or warrant, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) satisfies the requirements under the subpoena or warrant, the department of workforce development children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development children and families, notify the credentialing board to grant or reinstate the individual's credential.
SECTION 650. 49.857 (4) of the statutes is amended to read:
49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of workforce development children and families under sub. (2) (b) and shall cooperate with the department of workforce development children and families in its administration of s. 49.22. The department of regulation and licensing shall enter into a memorandum of understanding with the department of workforce development children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.
SECTION 651. 49.858 (1) of the statutes is renumbered 49.858 (1) (intro.) and amended to read:
49.858 (1) (intro.) In this section, "support":
(b) "Support" has the meaning given in s. 49.857 (1) (g).
SECTION 652. 49.858 (1) (a) of the statutes is created to read:
49.858 (1) (a) "Department" means the department of children and families.
SECTION 653. 49.858 (2) (intro.) of the statutes is amended to read:
49.858 (2) RULES. (intro.) For the procedures under this subchapter for the administrative enforcement of support obligations, the department of workforce development shall promulgate rules related to all of the following:
SECTION 654. 49.858 (3) of the statutes is amended to read:
49.858 (3) REVIEW OF CIRCUIT COURT COMMISSIONER DECISIONS. If a circuit court commissioner conducts a hearing in any administrative support enforcement proceeding under s. 49.852, 49.856 or 49.857, the department of workforce development or the obligor may, within 15 business days after the date that the circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the matter.
SECTION 655. 49.86 of the statutes is renumbered 49.86 (2) and amended to read:
49.86 (2) Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of workforce development or any of its divisions or agencies shall be by check, share draft, or other draft signed by the secretary of workforce development or by one or more persons in the department of workforce development designated by written authorization of the secretary of workforce development. Such checks, share drafts, and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of workforce development or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft, or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of workforce development or his or her designees.
SECTION 656. 49.86 (1) of the statutes is created to read:
49.86 (1) In this section:
(a) "Department" means the department of children and families.
(b) "Secretary" means the secretary of children and families.
SECTION 657. 49.89 (2) of the statutes is amended to read:
49.89 (2) SUBROGATION. The department of health and family services, the department of workforce development children and families, a county, or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness, or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary, or estate against the 3rd party. Subrogation under this subsection because of the provision of medical assistance under subch. IV constitutes a lien, equal to the amount of the medical assistance provided as a result of the injury, sickness, or death that gave rise to the claim. The lien is on any payment resulting from a judgment or settlement that may be due the obligor. A lien under this subsection continues until it is released and discharged by the department of health and family services.
SECTION 658. 49.89 (6) of the statutes is amended to read:
49.89 (6) DEPARTMENTS' DUTIES AND POWERS. The department of health and family services and the department of workforce development children and families shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.
SECTION 659. 49.89 (7) (d) 2. of the statutes is amended to read:
49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of workforce development children and families within 30 days after the end of the month in which the recovery is made in a manner specified by the department of workforce development children and families.
SECTION 660. 49.895 (3) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.895 (3) (a) First, if there is a support liability, to the department of workforce development children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.
****NOTE: This is reconciled s. 49.895 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -1261 and -1548.
SECTION 661. 49.90 (2) of the statutes is amended to read:
49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22, or 46.23, with a copy to the chairperson of 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, and to the department of health and family services or the department of workforce development children and families, whichever is appropriate.
SECTION 662. 49.90 (2g) of the statutes is amended to read:
49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22, or 46.23, a county child support agency under s. 59.53 (5), or the department of workforce development children and families may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.
SECTION 663. 49.90 (4) of the statutes is amended to read:
49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.
SECTION 664. 50.01 (1g) (b) of the statutes is amended to read:
50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 46.95 49.165 (1) (a), and their children.
SECTION 665. 50.498 (1m) of the statutes is amended to read:
50.498 (1m) If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, 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 certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.
SECTION 666. 51.032 (1m) of the statutes is amended to read:
51.032 (1m) If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, 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 or approval issued in reliance upon a false statement submitted under this subsection is invalid.
SECTION 667. 51.30 (4) (b) 27. of the statutes is amended to read:
51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 668. 51.42 (3) (as) 1. of the statutes is amended to read:
51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which that are attributable to care and treatment of the client.
SECTION 669. 51.437 (4rm) (a) of the statutes is amended to read:
51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.
SECTION 670. 59.22 (2) (c) 2. of the statutes is amended to read:
59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of workforce development children and families under s. 49.78 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.
SECTION 671. 59.40 (2) (p) of the statutes is amended to read:
59.40 (2) (p) Cooperate with the department of workforce development children and families with respect to the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.
SECTION 672. 59.52 (4) (a) 18. of the statutes is amended to read:
59.52 (4) (a) 18. Case records and other record material of all public assistance that are kept as required under ch. 49, if no payments have been made for at least 3 years and if a face sheet or similar record of each case and a financial record of all payments for each aid account are preserved in accordance with rules adopted by the department of health and family services or by the department of workforce development children and families. If the department of health and family services or the department of workforce development children and families has preserved such case records and other record material on computer disc or tape or similar device, a county may destroy the original records and record material under rules adopted by the department that has preserved those case records or other record material.
SECTION 673. 59.53 (3) of the statutes is amended to read:
59.53 (3) COMMUNITY ACTION AGENCIES. The board may appropriate funds for promoting and assisting any community action agency under s. 46.30 49.265.
SECTION 674. 59.53 (5) (a) of the statutes is amended to read:
59.53 (5) (a) The board shall contract with the department of workforce development children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department, or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners, and all other county officials shall cooperate with the county and the department of workforce development children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development children and families under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 46.261 48.645, 49.19, or 49.47.
SECTION 675. 59.53 (5) (b) of the statutes is amended to read:
59.53 (5) (b) The county child support agency under par. (a) shall electronically enter into the statewide data system related to child and spousal support payments that is operated by the department of workforce development children and families the terms of any order made or judgment granted in the circuit court of the county requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s. 767.57 (1) to be paid to the department of workforce development children and families or its designee. The county child support agency shall enter the terms of any such order or judgment within the time required by federal law and shall enter revisions ordered by the court to any order or judgment the terms of which are maintained on the data system.
SECTION 676. 59.69 (15) (intro.) of the statutes is amended to read:
59.69 (15) COMMUNITY AND OTHER LIVING ARRANGEMENTS. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality, shall be subject to the following criteria:
SECTION 677. 59.69 (15) (c) of the statutes is amended to read:
59.69 (15) (c) Where If the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).
SECTION 678. 59.69 (15) (d) of the statutes is amended to read:
59.69 (15) (d) Where If the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated, or permitted under the authority of the department of health and family services or the department of children and families, the facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences, except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those areas. The municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
SECTION 679. 59.69 (15) (e) of the statutes is amended to read:
59.69 (15) (e) Where If the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
SECTION 680. 59.69 (15) (f) of the statutes is amended to read:
59.69 (15) (f) The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for adults, and the information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for children, and the information shall be available to the public.
SECTION 681. 59.69 (15) (h) of the statutes is amended to read:
59.69 (15) (h) The attorney general shall take action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this subsection.
SECTION 682. 60.63 (intro.) of the statutes is amended to read:
60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any town shall be subject to the following criteria:
SECTION 683. 60.63 (4) of the statutes is amended to read:
60.63 (4) If the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, the community living arrangement is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided under sub. (10).
SECTION 684. 60.63 (5) of the statutes is amended to read:
60.63 (5) In all cases where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences except as provided in sub. (10), but is entitled to apply for special zoning permission to locate in those areas. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
SECTION 685. 60.63 (6) of the statutes is amended to read:
60.63 (6) In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
