SECTION 2. 46.22 (1) (b) 2. fm. of the statutes is amended to read:
46.22 (1) (b) 2. fm. To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.
SECTION 3. 48.651 (1) (intro.) of the statutes is amended to read:
48.651 (1) (intro.) Each county department shall certify No person, other than a day care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155, unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification by a county department or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in this section. The county sub. (2). A county department or agency contracted with under sub. (2) shall certify the following categories of day care providers:
SECTION 4. 48.651 (1) (a) of the statutes is amended to read:
48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 49.155 (1d). No county or agency contracted with under sub. (2) may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care.
SECTION 5. 48.651 (2) of the statutes is created to read:
48.651 (2) A county department shall certify day care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, or other agency to certify day care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. A county department that certifies day care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying day care providers.
SECTION 6. 48.651 (2m) of the statutes is amended to read:
48.651 (2m) Each county department or agency contracted with under sub. (2) shall provide the department of health services with information about each person who is denied certification for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SECTION 7. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department or agency contracted with under s. 48.651 (2) may not certify a day care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:
SECTION 8. 48.685 (4m) (ad) of the statutes is amended to read:
48.685 (4m) (ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department or agency contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified or contracted with for a reason specified in par. (a) 1. to 5.
SECTION 9. 48.685 (5) (a) of the statutes is amended to read:
48.685 (5) (a) Subject to par. (bm), the department may license to operate an entity, a county department or agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.
SECTION 10. 48.685 (5m) of the statutes is amended to read:
48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department or agency contracted with under s. 48.651 (2) may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, day care center, or day care provider, substantially related to the care of a client.
SECTION 11. 48.685 (6) (a) of the statutes is amended to read:
48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department or agency contracted with under s. 48.651 (2) shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.
SECTION 12. 49.143 (2) (em) of the statutes is amended to read:
49.143 (2) (em) Determine eligibility for and administer child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services, if the department contracts with the Wisconsin Works agency to do so.
SECTION 13. 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 or a Wisconsin Works agency, child care resource and referral agency, or other agency.
SECTION 14. 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 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:
SECTION 15. 49.155 (3) of the statutes is repealed and recreated to read:
49.155 (3) CHILD CARE LOCAL ADMINISTRATION. 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. In administering child care assistance under this section, the county department or agency shall 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.
SECTION 16. 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.
SECTION 17. 253.15 (4) of the statutes is amended to read:
253.15 (4) TRAINING FOR DAY CARE PROVIDERS. Before an individual may obtain a license to operate a day care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under s. 48.651 as a day care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that county department or contracted agency to provide that training. Before an employee or volunteer of a day care center licensed under s. 48.65, a day care provider certified under s. 48.651, or a day care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the department or that county department or contracted agency to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.
(End)
LRB-1392LRB-1392/2
MDK:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0360 - Authorizing establishment of school of public health and school of freshwater sciences at UW-Milwaukee
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Under current law, the Board of Regents (board) of the UW System may not, unless authorized by the legislature, create a new school that has graduate, professional, or post-baccalaureate academic programs. This bill allows the board to create the following schools at UW-Milwaukee: 1) a school of public health; and 2) a school of freshwater sciences.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 36.25 (50) of the statutes is created to read:
36.25 (50) SCHOOL OF PUBLIC HEALTH. The board may create a school of public health at the University of Wisconsin-Milwaukee.
****NOTE: This is reconciled s. 36.25 (50). This SECTION has been affected by drafts with the following LRB numbers: LRB-1627/P3.
SECTION 2. 36.25 (51) of the statutes is created to read:
36.25 (51) SCHOOL OF FRESHWATER SCIENCES. The board may create a school of freshwater sciences at the University of Wisconsin-Milwaukee.
****NOTE: This is reconciled s. 36.25 (51). This SECTION has been affected by drafts with the following LRB numbers: LRB-1627/P3.
(End)
LRB-1396LRB-1396/7
PJK:bjk/jld/cjs:jf
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0366 - Caretaker of newborn infant and at-risk pregnant women
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Wisconsin Works
The Wisconsin Works (W-2) program under current law provides work experience and benefits for low-income custodial parents who are at least 18 years old, as well as job search assistance to noncustodial parents who are required to pay child support, to minor custodial parents, and to pregnant women who are not custodial parents. A person who meets the eligibility requirements for the Wisconsin Works (W-2) program and who is the custodial parent of a child who is 12 weeks old or less may receive a monthly grant of $673 and may not be required to work in a W-2 employment position. Current law also provides generally that receiving a monthly grant as the custodial parent of an infant counts toward the time limits that apply to how long an individual may receive certain benefits only if the child was born more than ten months after the date on which the individual was first determined to be eligible for W-2.
This bill provides that if a person who is a custodial parent was participating in a W-2 employment position for at least three months before receiving a custodial parent grant, the person may receive the grant until the child is 26 weeks old instead of 12 weeks old and may not be required to work in a W-2 employment position during that time. Additionally, the bill provides that an unmarried woman who would be eligible for W-2 except that she is not a custodial parent may also receive a monthly grant of $673 and may not be required to work in a W-2 employment position if she is in the third trimester of a medically verified pregnancy that is at risk and that renders the woman unable to participate in the workforce. The bill also provides that receiving a monthly grant as the custodial parent of an infant counts toward the time limits that apply to how long an individual may receive certain benefits regardless of when the child was born in relation to when the individual was first determined to be eligible for W-2, unless the child was conceived as a result of sexual assault or incest. Receipt of a monthly grant as a pregnant woman, however, does not count toward the time limits.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.148 (1m) (title) of the statutes is amended to read:
49.148 (1m) (title) CUSTODIAL PARENT OF INFANT; UNMARRIED, PREGNANT WOMAN.
SECTION 2. 49.148 (1m) (a) (intro.) of the statutes is created to read:
49.148 (1m) (a) (intro.) Any of the following may receive a monthly grant of $673:
SECTION 3. 49.148 (1m) (a) of the statutes is amended to read:
49.148 (1m) (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works Works group is participating in, or is eligible to participate in, a Wisconsin works Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works Works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works Works employment position for purposes of the time limits limit under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works Works employment position.
SECTION 4. 49.148 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (a) 1. a. and amended to read:
49.148 (1m) (a) 1. a. A Except as provided in subd. 1. b., a custodial parent of a child 12 weeks old or less who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673, unless another adult member of the custodial parent's Wisconsin Works group is participating in, or is eligible to participate in, a Wisconsin Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c).
(am) A Wisconsin Works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin Works employment position.
****NOTE: This is reconciled s. 49.148 (1m) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-1059/1 and LRB-1396/3.
SECTION 5. 49.148 (1m) (a) 1. b. of the statutes is created to read:
49.148 (1m) (a) 1. b. If a custodial parent who meets the eligibility requirements specified in subd. 1. a. participated in Wisconsin Works under s. 49.147 (3), (4), or (5) for at least 3 months before receiving a grant under this subsection, the custodial parent may receive the monthly grant under this subsection until the child reaches the age of 26 weeks.
SECTION 6. 49.148 (1m) (a) 2. of the statutes is created to read:
49.148 (1m) (a) 2. An unmarried woman who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.
SECTION 7. 49.148 (1m) (b) of the statutes is amended to read:
49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. limit under s. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works Works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
SECTION 8. 49.148 (1m) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (b) 1. and amended to read:
49.148 (1m) (b) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. a. or b. constitutes participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin Works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or in violation of s. 948.02 or 948.025 or as a result of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
****NOTE: This is reconciled s. 49.148 (1m) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-1059/1 and LRB-1396/3.
SECTION 9. 49.148 (1m) (b) 2. of the statutes is created to read:
49.148 (1m) (b) 2. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position for purposes of the time limit specified in subd. 1.
SECTION 10. 49.159 (4) of the statutes is amended to read:
