20.437 (2) (r) Support receipt and disbursement program; payments. From the support collections trust fund, except as provided in par. (qm), all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.57 and 767.75 for child or family support, maintenance, spousal support, health care expenses, or birth expenses, all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.001 (1), and all moneys received under s. 49.855 (4) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service for delinquent child support, family support, or maintenance or outstanding court-ordered amounts for past support, medical expenses, or birth expenses, for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f), and, if assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 144. 20.445 (3) (s) of the statutes is renumbered 20.437 (2) (s).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 145. 20.505 (4) (kp) of the statutes is amended to read:
20.505 (4) (kp) Hearings and appeals fees. The amounts in the schedule for hearings and appeals services to the department of health and family services under s. 227.43 (1) (bu), the department of workforce development children and families under s. 227.43 (1) (by), and to all agencies under s. 227.43 (1m). All moneys received from the fees charged under s. 227.43 (3) (c), (d), and (e) shall be credited to this appropriation account.
SECTION 146. 20.835 (2) (kf) of the statutes is amended to read:
20.835 (2) (kf) Earned income tax credit; temporary assistance for needy families. The amounts in the schedule to be used to pay, to the extent permitted under federal law, the claims approved under s. 71.07 (9e). All moneys transferred from the appropriation account under s. 20.445 (3) 20.437 (2) (md) shall be credited to this appropriation account.
SECTION 147. 20.907 (5) (e) 6. of the statutes is amended to read:
20.907 (5) (e) 6. Advances from child caring institutions residential care centers for children and youth and counties and moneys receivable from counties under s. 46.037 49.343.
SECTION 148. 20.921 (2) (a) of the statutes is amended to read:
20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 to make deductions from the salaries of state officers or employees or employees of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employees are employed is responsible for making such those deductions and paying over the total thereof of those deductions for the purposes provided by the laws or orders under which they were made.
SECTION 149. 20.923 (4) (f) 2d. of the statutes is created to read:
20.923 (4) (f) 2d. Children and families, department of: secretary.
SECTION 150. 20.923 (6) (bd) of the statutes is amended to read:
20.923 (6) (bd) Health and family services Children and families, department of: director of the office of urban development.
SECTION 151. 20.9275 (2) (intro.) of the statutes is amended to read:
20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 46.99, 46.995, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:
SECTION 152. 25.68 (1) of the statutes is amended to read:
25.68 (1) All moneys received by the department of workforce development children and families under s. 49.854, except for moneys received under s. 49.854 (11) (b).
SECTION 153. 25.68 (3) of the statutes is amended to read:
25.68 (3) All moneys not specified under sub. (2) that are received under a judgment or order in an action affecting the family, as defined in s. 767.001 (1), by the department of workforce development children and families or its designee.
SECTION 154. 29.024 (2g) (am) of the statutes is amended to read:
29.024 (2g) (am) Social security numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in par. (a) 1. to 3., 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. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
SECTION 155. 29.024 (2g) (c) of the statutes is amended to read:
29.024 (2g) (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.
SECTION 156. 29.024 (2g) (d) 1. of the statutes is amended to read:
29.024 (2g) (d) 1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making 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 if the applicant or holder fails to comply 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 relating to paternity or child support proceedings.
SECTION 157. 29.024 (2r) (am) of the statutes is amended to read:
29.024 (2r) (am) Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in par. (a) 1. to 16., 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. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
SECTION 158. 29.229 (5m) (a) of the statutes is amended to read:
29.229 (5m) (a) The band is requested to enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857.
SECTION 159. 29.229 (5m) (b) of the statutes is amended to read:
29.229 (5m) (b) The band is requested to enact tribal laws or ordinances that require each person who has a social security number, as a condition of being issued an approval under this section, to provide to the band his or her social security number, tribal laws or ordinances that require each person who does not have a social security number, as a condition of being issued an approval under this section, to provide to the band a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development children and families that the person does not have a social security number, and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of workforce development children and families for the purpose of administering s. 49.22.
SECTION 160. 29.229 (5m) (c) of the statutes is amended to read:
29.229 (5m) (c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) 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 or if the department of workforce development children and families certifies that the applicant for or the holder of the approval has failed to pay 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. The band is also requested to enact tribal laws or ordinances that invalidate an approval issued under this subsection if issued in reliance upon a statement made or subscribed under oath or affirmation under tribal laws or ordinances enacted under par. (b) that is false.
SECTION 161. 35.86 (1) of the statutes is amended to read:
35.86 (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local, and other agencies as may be desirable to maintain or enlarge its historical, literary, and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health and family services, department of children and families, commission of banking, department of public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.
SECTION 162. 38.04 (21) (intro.) of the statutes is amended to read:
38.04 (21) (intro.) PUPILS ATTENDING TECHNICAL COLLEGES; BOARD REPORT. Annually by the 3rd Monday in February the board shall submit a report to the department of administration, department of children and families, department of public instruction, and department of workforce development, and to the legislature under s. 13.172 (2). The report shall specify all of the following by school district:
SECTION 163. 45.20 (2) (d) 2. b. of the statutes is amended to read:
45.20 (2) (d) 2. b. A statement that the veteran is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.
SECTION 164. 45.33 (2) (b) 1. b. of the statutes is amended to read:
45.33 (2) (b) 1. b. A statement that the person is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.
SECTION 165. 45.42 (6) (b) of the statutes is amended to read:
45.42 (6) (b) Provides to the department a statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.
SECTION 166. 46.001 of the statutes is amended to read:
46.001 Purposes of chapter. The purposes of this chapter are to conserve human resources in Wisconsin; to provide a just and humane program of services to children and unborn children in need of protection or services, nonmarital children and the expectant mothers of those unborn children; to prevent dependency, mental illness, developmental disability, mental infirmity, and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need thereof of that aid and those services and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.
SECTION 167. 46.011 (intro.) of the statutes is amended to read:
46.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55, and 58:
SECTION 168. 46.014 (4) of the statutes is renumbered 49.265 (6) and amended to read:
49.265 (6) REPORTS. At least annually, the secretary shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), concerning activities of community action agencies under s. 46.30 this section and their effectiveness in promoting social and economic opportunities for poor persons.
SECTION 169. 46.016 of the statutes is amended to read:
46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, child welfare and youth services, mental hygiene, services for the blind, and in other matters of mutual concern pertaining to public welfare.
SECTION 170. 46.02 of the statutes is amended to read:
46.02 Agency powers and duties. Any institution which that is subject to chs. 46, 48 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy a conflict.
SECTION 171. 46.023 of the statutes is renumbered 48.562.
SECTION 172. 46.03 (4) (b) of the statutes is amended to read:
46.03 (4) (b) In order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when deemed considered appropriate.
SECTION 173. 46.03 (7) (a) of the statutes is amended to read:
46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare agencies, and public and private institutions and take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.345 and 48.347.
SECTION 174. 46.03 (7) (bm) of the statutes is amended to read:
46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40, declarations of paternal interest under s. 48.025, and statements acknowledging paternity under s. 69.15 (3) (b). The department may release those records, declarations, and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics, declarations of paternal interest shall be released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall be released without a court order to the department of workforce development children and families or a county child support agency under s. 59.53 (5) upon the request of that department or county child support agency pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the statement.
SECTION 175. 46.03 (7) (c) of the statutes is repealed.
SECTION 176. 46.03 (7) (cm) of the statutes is renumbered 48.47 (7) (cm).
SECTION 177. 46.03 (7) (d) of the statutes is renumbered 48.47 (7) (d).
SECTION 178. 46.03 (7) (e) of the statutes is repealed.
SECTION 179. 46.03 (7) (f) of the statutes is renumbered 48.47 (7) (f).
SECTION 180. 46.03 (7) (h) of the statutes is renumbered 48.47 (7) (h).
SECTION 181. 46.03 (7g) of the statutes is renumbered 48.47 (7g) and amended to read:
48.47 (7g) STATEWIDE AUTOMATED CHILD WELFARE INFORMATION SYSTEM. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b.
SECTION 182. 46.03 (7m) of the statutes is renumbered 48.62 (7) and amended to read:
48.62 (7) FOSTER CARE. In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.
SECTION 183. 46.03 (18) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. 48 and subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where when, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees which that it collects under this program to cover the cost of such those services.
****NOTE: This is reconciled s. 46.03 (18) (a). This SECTION has been affected by drafts with the following LRB numbers: -0242 and -1261.
SECTION 184. 46.03 (18) (am) of the statutes is amended to read:
46.03 (18) (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). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
SECTION 185. 46.03 (20) (a) of the statutes is amended to read:
46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.
SECTION 186. 46.03 (22) (title) of the statutes is amended to read:
46.03 (22) (title) COMMUNITY LIVING ARRANGEMENTS FOR ADULTS.
SECTION 187. 46.03 (22) (a) of the statutes is amended to read:
46.03 (22) (a) "Community In this subsection, "community living arrangement for adults" means any of the following facilities licensed or operated, or permitted under the authority of the department: residential care centers for children and youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under s. 48.60, group homes for children, as defined in s. 48.02 (7), and community-based residential facilities a community-based residential facility, as defined in s. 50.01 (1g); but does not include adult family homes, as defined in s. 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.
SECTION 188. 46.03 (22) (b) of the statutes is amended to read:
46.03 (22) (b) Community living arrangements for adults shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.
SECTION 189. 46.03 (22) (c) of the statutes is amended to read:
46.03 (22) (c) The department shall designate a subunit to keep records and supply information on community living arrangements for adults under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for adults and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for adults.
SECTION 190. 46.03 (22) (d) of the statutes is amended to read:
46.03 (22) (d) A community living arrangement for adults with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for adults with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for adults are void as against public policy.
SECTION 191. 46.03 (22) (e) of the statutes is amended to read:
46.03 (22) (e) If a community living arrangement for adults is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.