49.175 (1) (h) Public assistance program fraud and error reduction. For activities to reduce fraud under s. 49.197 (1m) and activities to reduce payment errors under s. 49.197 (3), $605,500 in each fiscal year.
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 $6,500,000 in fiscal year 2007-08 2009-10 and $7,000,000 $6,000,000 in fiscal year 2008-09 2010-11.
28,1233
Section
1233. 49.175 (1) (j) of the statutes is created to read:
49.175 (1) (j) Aid to families with dependent children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $2,500,500 in fiscal year 2008-09.
28,1234
Section
1234. 49.175 (1) (j) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
28,1235
Section
1235. 49.175 (1) (k) of the statutes is created to read:
49.175 (1) (k) Aid to Families with Dependent Children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $13,183,900 in fiscal year 2009-10 and $0 in fiscal year 2010-11.
28,1236
Section
1236. 49.175 (1) (k) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 $384,987,600 in fiscal year 2007-08
2009-10 and $375,736,400 $402,496,800 in fiscal year 2008-09 2010-11.
49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care services under s. 49.155 (1g) (b), $1,765,600 in fiscal year 2007-08 and $2,437,800 in programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700 in fiscal year 2009-10 and $8,889,700 in fiscal year 2008-09 2010-11.
28,1240
Section
1240. 49.175 (1) (qm) of the statutes is amended to read:
49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (a), $5,311,000 in each fiscal year, $5,384,600 in fiscal year 2009-10 and $5,384,600 in fiscal year 2010-11.
28,1241
Section
1241. 49.175 (1) (qs) of the statutes is repealed.
28,1242b
Section 1242b. 49.175 (1) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (s) Kinship care and, long-term kinship care, and foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year 2009-10 and $24,435,000 in fiscal year 2010-11.
28,1243
Section
1243. 49.175 (1) (ze) (title) of the statutes is repealed.
28,1244
Section
1244. 49.175 (1) (ze) 1. of the statutes is amended to read:
49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 in each fiscal year 2007-08 and $23,885,800 in fiscal year 2008-09.
28,1245
Section
1245. 49.175 (1) (ze) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.175 (1) (s) and amended to read:
49.175 (1) (s) Kinship care and long-term kinship care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 $24,435,000 in fiscal year 2007-08 2009-10 and $23,885,800 $24,435,000 in fiscal year 2008-09 2010-11.
28,1246
Section
1246. 49.175 (1) (ze) 2. of the statutes is renumbered 49.175 (1) (r) and amended to read:
49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,094,700 in fiscal year 2007-08 and $30,094,700 $29,899,800 in fiscal year 2008-09 2009-10 and $29,933,200 in each fiscal year thereafter.
28,1247
Section
1247. 49.175 (1) (ze) 10m. of the statutes is renumbered 49.175 (1) (t) and amended to read:
49.175 (1) (t) 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 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 $6,350,300 in each fiscal year.
28,1248
Section
1248. 49.175 (1) (ze) 11. of the statutes is renumbered 49.175 (1) (u).
28,1249
Section
1249. 49.175 (1) (ze) 12. of the statutes is repealed.
28,1250
Section
1250. 49.175 (1) (zh) of the statutes is amended to read:
49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $21,125,400 $6,664,200 in fiscal year 2007-08 2009-10 and $6,664,200 in fiscal year 2008-09 2010-2011.
28,1251
Section
1251. 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, 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.
28,1252
Section
1252. 49.19 (4e) (a) of the statutes is amended to read:
49.19 (4e) (a) If a person applying for aid is under 18 years of age, has never married, and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian, or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home, or other supportive living arrangement supervised by an adult.
28,1253
Section
1253. 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. 48.569 (2) and the percentage rate of participation set forth in s. 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.
28,1254
Section
1254. 49.19 (10) (c) of the statutes is amended to read:
49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or if the child 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 the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department.
28,1255
Section
1255. 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 or the department of corrections.
28,1256
Section
1256. 49.19 (10) (e) of the statutes is amended to read:
49.19 (10) (e) Notwithstanding pars. (a), (c), and (d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, or residential care center for children and youth by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement, or for placement of a child in a group home licensed under s. 48.625.
28,1256g
Section 1256g. 49.195 (3r) of the statutes is amended to read:
49.195 (3r) From the appropriation under s. 20.437 (2) (L) the 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.
28,1256m
Section 1256m. 49.195 (4) of the statutes is renumbered 49.195 (4) (a) and amended to read:
49.195 (4) (a) Any Except as provided in par. (b), any county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under s. 49.19 that are recovered due to the efforts of an employee or officer of the county or tribe.
(b) This subsection does not apply to recovery any of the following:
1. The recovery of benefits that were provided as a result of state, county, or tribal governing body error.
28,1256p
Section 1256p. 49.195 (4) (b) 2. of the statutes is created to read:
49.195 (4) (b) 2. The recovery of benefits due to the efforts of an employee or officer of a county having a population of 500,000 or more under the supervision of the department.
28,1257
Section
1257. 49.197 (1m) of the statutes is amended to read:
49.197
(1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L),
(mc), (md),
(n) (me), 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 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.
28,1258
Section
1258. 49.197 (2) (title) of the statutes is amended to read:
49.197 (2) (title) Fraud
Local fraud investigation by counties and tribal governing bodies.
28,1259
Section
1259. 49.197 (2) (a) of the statutes is renumbered 49.197 (2) (a) (intro.) and amended to read:
49.197 (2) (a) (intro.) In this subsection, "tribal:
2. "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
28,1260
Section
1260. 49.197 (2) (a) 1. of the statutes is created to read:
49.197 (2) (a) 1. "County department" means a county department under s. 46.215, 46.22, or 46.23.
28,1261
Section
1261. 49.197 (2) (b) of the statutes is amended to read:
49.197 (2) (b) A If a county department, Wisconsin Works agency, or tribal governing body administers the Wisconsin Works program, the county department, Wisconsin Works agency, or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.
28,1262
Section
1262. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2) (c) and amended to read:
49.197 (2) (c) If a A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following: shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.
28,1262m
Section 1262m. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.197 (2) (c) A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b) shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A Except as provided in par. (cm), a county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.
28,1263
Section
1263. 49.197 (2) (c) 1. of the statutes is repealed.
28,1264
Section
1264. 49.197 (2) (c) 2. of the statutes is repealed.
28,1265
Section
1265. 49.197 (2) (c) 3. of the statutes is repealed.
28,1265m
Section 1265m. 49.197 (2) (cm) of the statutes is created to read:
49.197 (2) (cm) Any amounts recovered with respect to the child care subsidy program under s. 49.155 by a county department in a county having a population of 500,000 or more as a result of a program under par. (b) or due to the efforts of an employee of such a county who is supervised by the department or the department of health services under s. 49.825 shall be credited to the appropriation account under s. 20.437 (2) (me).
28,1266
Section
1266. 49.197 (2) (d) of the statutes is repealed.
28,1268b
Section 1268b. 49.24 (1) (intro.) of the statutes is created to read:
49.24 (1) (intro.) The department shall provide child support incentive payments to counties from one of the following appropriations:
49.24 (1) (b) From If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, from the appropriation under s. 20.437 (2) (k), the department shall provide child support incentive payments to counties while the federal legislation is in effect. Total payments under this subsection paragraph may not exceed $5,690,000 per year.
28,1268e
Section 1268e. 49.24 (1) (a) of the statutes is created to read:
49.24 (1) (a) Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc).
28,1268f
Section 1268f. 49.24 (2) (b) 1. of the statutes is repealed.
28,1268g
Section 1268g. 49.24 (2) (b) 2. of the statutes is amended to read:
49.24 (2) (b) 2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.
28,1268h
Section 1268h. 49.24 (2) (b) 3. of the statutes is amended to read:
49.24 (2) (b) 3. All federal matching funds associated with the amounts distributed under subds. 1. and
subd. 2.
28,1268i
Section 1268i. 49.24 (2) (c) of the statutes is amended to read:
49.24 (2) (c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.
49.24 (2) (dm) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000 and the department is providing child support incentive payments to counties for that federal fiscal year under sub. (1) (b), the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.
28,1268p
Section 1268p. 49.25 of the statutes is created to read:
