(3) The department shall designate a subunit to keep records and supply information on community living arrangements for children 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 children 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 children.
(4) A community living arrangement for children 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 children 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 children are void as against public policy.
(5) If a community living arrangement for children 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.
SECTION 499. 48.745 (5) of the statutes is amended to read:
48.745 (5) If the county department designates the department to receive formal complaints, the subunit under s. 46.03 (22) (c) 48.743 (3) shall receive the complaints and the department shall have all the powers and duties granted to the county department in this section.
SECTION 500. 48.75 (1m) of the statutes is amended to read:
48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 of health and family services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SECTION 501. 48.78 (2) (h) of the statutes is amended to read:
48.78 (2) (h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by the department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 502. 48.839 (1) (d) of the statutes is amended to read:
48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.
SECTION 503. 48.839 (1) (e) of the statutes is amended to read:
48.839 (1) (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.
SECTION 504. 48.93 (1d) of the statutes is amended to read:
48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.
SECTION 505. 48.98 (2) (d) of the statutes is amended to read:
48.98 (2) (d) The department shall periodically bill the person who filed the bond and the surety under s. 46.03 (18) (b) or 46.10 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.
SECTION 506. 48.981 (7) (dm) of the statutes is amended to read:
48.981 (7) (dm) Notwithstanding par. (a), an agency may enter the content of any report or record maintained by the agency into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 507. 48.981 (8) (a) of the statutes is amended to read:
48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.
SECTION 508. 48.981 (8) (d) 1. of the statutes is amended to read:
48.981 (8) (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.
SECTION 509. 48.982 (2) (g) (intro.) of the statutes is amended to read:
48.982 (2) (g) (intro.) In coordination with the departments of health and family services and department and the department of public instruction:
SECTION 510. 48.985 (1) of the statutes is amended to read:
48.985 (1) FEDERAL PROGRAM OPERATIONS. From the appropriation under s. 20.435 (3) 20.437 (1) (n), the department shall expend not more than $273,700 in each fiscal year of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626 and for child abuse and neglect and unborn child abuse independent investigations.
SECTION 511. 48.985 (2) of the statutes is amended to read:
48.985 (2) COMMUNITY SOCIAL AND MENTAL HYGIENE SERVICES. From the appropriation under s. 20.435 (7) 20.437 (1) (o), the department shall distribute not more than $3,809,600 $3,554,300 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.
SECTION 512. 48.985 (4) of the statutes is amended to read:
48.985 (4) RUNAWAY SERVICES. From the appropriation under s. 20.435 (3) 20.437 (1) (na) for runaway services, not more than $458,600 in each fiscal year.
SECTION 513. 48.985 (5) of the statutes is repealed.
SECTION 514. 48.989 (1) (a) of the statutes is amended to read:
48.989 (1) (a) "Appropriate authority in the receiving state" means the department of health and family services.
SECTION 515. 48.989 (1) (b) of the statutes is amended to read:
48.989 (1) (b) "Appropriate public authorities" means the department of health and family services, which shall receive and act with reference to notices required by s. 48.988 (3).
SECTION 516. Chapter 49 (title) of the statutes is amended to read:
CHAPTER 49
PUBLIC ASSISTANCE and
children and family services
SECTION 517. 49.001 (9) of the statutes is amended to read:
49.001 (9) "Wisconsin works Works agency" means a person under contract under s. 49.143 to administer Wisconsin works Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works Works agency" means the department of workforce development children and families.
SECTION 518. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is amended to read:
CHAPTER 49
SUBCHAPTER III
economic children and family support and work programs services
SECTION 519. 49.11 (1) of the statutes is amended to read:
49.11 (1) "Department" means the department of workforce development children and families.
SECTION 520. 49.11 (2) of the statutes is amended to read:
49.11 (2) "Secretary" means the secretary of workforce development children and families.
SECTION 521. 49.138 (1m) (intro.) of the statutes is amended to read:
49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) 20.437 (2) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:
SECTION 522. 49.143 (2) (b) of the statutes is amended to read:
49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06 49.17; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.
SECTION 523. 49.147 (6) (c) of the statutes is amended to read:
49.147 (6) (c) Distribution and administration. From the appropriation under s. 20.445 (3) 20.437 (2) (jL), the department shall distribute funds for job access loans to a Wisconsin Works agency, which shall administer the loans in accordance with rules promulgated by the department.
SECTION 524. 49.147 (6) (cm) 1. of the statutes is amended to read:
49.147 (6) (cm) 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) 20.437 (2) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.
SECTION 525. 49.155 (1g) (b) of the statutes is amended to read:
49.155 (1g) (b) From the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), and (mc), distribute $5,488,500 in each fiscal year for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, for administration of the department's office of child care and for the department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.
SECTION 526. 49.155 (1g) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.155 (1g) (c) From the appropriation account under s. 20.445 (3) 20.437 (2) (mc), transfer $5,236,800 in fiscal year 2007-08 and $5,245,500 in fiscal year 2008-09 to the appropriation account under s. 20.435 (3) 20.437 (1) (kx).
****NOTE: This is reconciled s. 49.155 (1g) (c). This SECTION has been affected by drafts with the following LRB numbers: -0267 and -1261.
SECTION 527. 49.155 (1g) (d) of the statutes is amended to read:
49.155 (1g) (d) From the appropriation under s. 20.445 (3) (md), 2005 stats., distribute $3,378,500 in fiscal year 2005-06 and $3,378,500 in fiscal year 2006-07 for grants under s. 49.134 (2) for child day care resource and referral services, for contracts under s. 49.137 (4) for training and technical assistance, for grants under s. 49.137 (4m), and for a child care scholarship and bonus program.
SECTION 528. 49.1635 (1) of the statutes is amended to read:
49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.
SECTION 529. 49.175 (1) (intro.) of the statutes is amended to read:
49.175 (1) ALLOCATION OF FUNDS. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:
SECTION 530. 49.175 (1) (ze) (title) of the statutes is amended to read:
49.175 (1) (ze) (title) Programs administered by the department of health and family services relating to children and families.
SECTION 531. 49.175 (1) (ze) 10m. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (ze) 10m. 'Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.
****NOTE: This is reconciled s. 49.175 (1) (ze) 10m. This SECTION has been affected by drafts with the following LRB numbers: -0267 and -1261.
SECTION 532. 49.175 (1) (zh) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $30,616,700 in fiscal year 2007-08 and $25,004,300 in fiscal year 2008-09.
****NOTE: This is reconciled s. 49.175 (1) (zh). This SECTION has been affected by drafts with the following LRB numbers: -0267 and -1261.
SECTION 533. 49.175 (2) (c) of the statutes is amended to read:
49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.445 (3) 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.445 (3) 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.
SECTION 534. 49.177 of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.177 Boys and Girls Clubs programs in 1st class cities. From the appropriation account under s. 20.445 (3) 20.437 (2) (kb), the department shall provide grants to the Boys and Girls Clubs of Greater Milwaukee to fund programs that improve the social, academic, and employment skills of youths who reside in 1st class cities.
****NOTE: This is reconciled s. 49.177. This SECTION has been affected by drafts with the following LRB numbers: -1261 and -1676.
SECTION 535. 49.19 (1) (a) 2. b. of the statutes is amended to read:
49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
SECTION 536. 49.19 (10) (a) of the statutes is amended to read:
49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
SECTION 537. 49.19 (10) (d) of the statutes is amended to read:
49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.
SECTION 538. 49.19 (11) (a) 1. a. of the statutes is amended to read:
49.19 (11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) 20.437 (2) (dz) and (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:
SECTION 539. 49.19 (11s) (d) of the statutes is amended to read:
49.19 (11s) (d) From the appropriation under s. 20.445 (3) 20.437 (2) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).
SECTION 540. 49.195 (3r) of the statutes is amended to read:
49.195 (3r) From the appropriation under s. 20.445 (3) 20.437 (2) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.
SECTION 541. 49.197 (1m) of the statutes is amended to read:
49.197 (1m) FRAUD INVESTIGATION. From the appropriations under s. 20.445 (3) 20.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.
SECTION 542. 49.197 (4) of the statutes is amended to read:
49.197 (4) COUNTY AND TRIBAL ERROR REDUCTION. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.445 (3) 20.437 (2) (kx) to counties and governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.
