2009 Wisconsin Act 28

49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times, as determined under guidelines promulgated under s. 49.1515, in any Wisconsin works Works employment position component is ineligible to participate in that component the Wisconsin Works program for 3 months. A participant is also ineligible to participate in that the Wisconsin works employment position component Works program if an individual in the participant's Wisconsin works Works group is subject to the work requirement under s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

28,1186 Section 1186. 49.151 (1) (b) of the statutes is amended to read:

49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin works Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., without good cause, as determined by the Wisconsin works Works agency.

28,1187 Section 1187. 49.1515 of the statutes is created to read:

49.1515 Determining nonparticipation without good cause. (1) Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating a refusal to participate.

(2) Actions before determination. Before determining under s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:

(a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.

(b) Ensure that the services offered to the participant or individual are appropriate for him or her.

(c) Determine whether good cause exists for the failure to participate.

(3) Conciliation period for compliance. (a) If a Wisconsin Works agency, in accordance with rules promulgated under sub. (1) and after taking the steps required under sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.

(b) The department shall by rule establish the length of time for a conciliation period.

(4) Emergency rules prohibited. Notwithstanding s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under s. 227.24.

28,1188 Section 1188. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and amended to read:

49.153 (1) (bm) Provide After providing the explanation under par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.

28,1189 Section 1189. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and amended to read:

49.153 (1) (am) After providing written notice, explain Explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

28,1190 Section 1190. 49.153 (1) (c) of the statutes is amended to read:

49.153 (1) (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

28,1190p Section 1190p. 49.155 (title) of the statutes is amended to read:

49.155 (title) Wisconsin works Shares; child care subsidy.

28,1191 Section 1191. 49.155 (1) (ah) of the statutes is created to read:

49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

28,1192 Section 1192. 49.155 (1) (c) of the statutes is amended to read:

49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.

28,1193 Section 1193. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 49.155 (1g) (intro.) and amended to read:

49.155 (1g) Distribution of funds Child care allocations. (intro.) Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following: (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute allocate funding in each fiscal year for all of the following:

28,1194 Section 1194. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).

28,1195b Section 1195b. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc) and amended to read:

49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 $1,298,600 per fiscal year.

28,1196 Section 1196. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c) and amended to read:

49.155 (1g) (c) A transfer to the appropriation account under s. 20.437 (1) (kx) for child Child care licensing activities, in the amount of at least $4,800,600 $5,763,900 per fiscal year.

28,1197 Section 1197. 49.155 (1g) (a) 4. of the statutes is renumbered 49.155 (1g) (d).

28,1198 Section 1198. 49.155 (1g) (a) 5. of the statutes is renumbered 49.155 (1g) (e).

28,1199 Section 1199. 49.155 (1g) (a) 6. of the statutes is renumbered 49.155 (1g) (f).

28,1200 Section 1200. 49.155 (1g) (b) of the statutes is repealed.

28,1200c Section 1200c. 49.155 (1h) of the statutes is created to read:

49.155 (1h) Prohibition on transfer of funds. For purposes of the maximum spending amount under sub. (1g) (ac), the department shall not transfer any federal Temporary Assistance for Needy Families block grant funds received by the department to federal Child Care and Development block grant funds received by the department.

28,1201 Section 1201. 49.155 (1m) (intro.) of the statutes is amended to read:

49.155 (1m) Eligibility. (intro.) A Wisconsin works agency shall determine eligibility for a Except as provided in s. 49.155 (3g), the department shall contract with a county department or agency to determine the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidy subsidies under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

28,1202 Section 1202. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

49.155 (1m) (a) (intro.) The individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person relative who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:

28,1205 Section 1205. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.

28,1206 Section 1206 . 49.155 (1m) (bm) of the statutes is amended to read:

49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).

28,1207 Section 1207. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency department or county department or agency determining eligibility shall include the sum of the following:

28,1209 Section 1209 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.62 (5), the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

28,1210 Section 1210 . 49.155 (1m) (c) 1h. of the statutes is amended to read:

49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

28,1212 Section 1212. 49.155 (3) of the statutes is repealed and recreated to read:

49.155 (3) Child care local administration. Except as provided in sub. (3g), the county department or agency with which the department contracts under sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. For the administration of child care assistance under this section, the department may require the county department or agency to do all of the following:

(a) Determine an individual's liability for copayments under sub. (5).

(b) Determine and authorize the amount of child care for which an individual may receive a subsidy.

(c) Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.

(d) Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.

(e) At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.

28,1212m Section 1212m. 49.155 (3g) of the statutes is created to read:

49.155 (3g) Child care administration in certain counties. In a county having a population of 500,000 or more all of the following apply:

(a) The department may contract with the Milwaukee County enrollment services unit, as provided in s. 49.825 (2) (b), to do any of the following:

1. Determine the eligibility of individuals for a child care subsidy under this section.

2. Determine an individual's liability for copayments under sub. (5).

3. Determine and authorize the amount of child care for which an individual may receive a subsidy.

4. At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.

(b) The department may establish a child care provider services unit, as provided in s. 49.826, to perform the provider services functions specified in s. 49.826 (2) (a).

28,1213 Section 1213. 49.155 (3m) (b) of the statutes is repealed and recreated to read:

49.155 (3m) (b) 1. Subject to subds. 2. and 3., the department shall, to the extent practicable, allocate funds to a contract entered into under sub. (1m) for the administration of the program under sub. (3) in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all statewide subsidy authorizations and eligibility redeterminations under sub. (3) (e) in the 12-month period before the start of the contract period.

2. The department shall allocate to each contract at least $20,000 per year for the administrative responsibilities for each geographic region or Indian tribal unit.

3. If the department renews a contract for a subsequent year, the department shall allocate to the contract not less than 95 percent of the amount allocated to the contract in the previous year, unless the geographic region or Indian tribal unit is not comparable or total funding available for all contracts is lower than the total amount available in the previous year.

4. Within any contract period, the department may redistribute unexpended contract balances for a county department or agency to another county department or agency that reports expenditures in excess of their original contract total for the period.

28,1213f Section 1213f. 49.155 (3m) (e) of the statutes is created to read:

49.155 (3m) (e) 1. In this paragraph, "qualifying child" means a child who satisfies both of the following:

a. He or she is not a child of an employee of the child care provider.

b. He or she does not reside with an employee of the child care provider.

2. No funds distributed under par. (a) may be used for child care services that are provided for a child by a child care provider who employs either the parent of the child or a person who resides with the child, unless the child care provider is licensed under s. 48.65 and at all times at least 60 percent of the children for whom the child care provider is providing care are qualifying children.

3. Notwithstanding subd. 2., if a child care provider described in subd. 2. satisfies the requirements for payment under subd. 2. but the percentage of qualifying children for whom the provider is providing care falls below 60 percent, the provider shall have 6 weeks to raise the percentage of qualifying children for whom the provider is providing care to at least 60 percent before payments to the provider are discontinued for child care services provided for a child who is not a qualifying child.

28,1214 Section 1214. 49.155 (6) (e) of the statutes is created to read:

49.155 (6) (e) The department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011.

28,1214a Section 1214a. 49.155 (6g) of the statutes is created to read:

49.155 (6g) Authorized child care hours. (a) 1. In this paragraph, "department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.

2. Except as provided in subd. 3., the department shall authorize no more than 12 hours of child care per day per child.

3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.

4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.

(am) If reimbursement to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:

1. The department shall track a child's hourly usage of child care authorizations over a 6-week period.

2. If the child's hourly usage tracked under subd. 1. is less than 60 percent of the authorized hours of child care in each of the 3 consecutive 2-week periods , the department shall reduce the authorized hours of child care for the child to 90 percent of the maximum number of hours of child care that the child attended during that 6-week period.

3. The department shall provide written notice of the proposed adjustment under subd. 2. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable county department or agency.

4. The department shall provide a grace period of 6 weeks after the number of authorized hours are reduced under subd. 2., during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.