AB75, s. 1251
16Section
1251. 49.19 (1) (a) 2. b. of the statutes is amended to read:
AB75,635,217
49.19
(1) (a) 2. b. Is living in a foster home
or treatment foster home licensed
18under s. 48.62 if a license is required under that section, in a foster home
or treatment
19foster home located within the boundaries of a federally recognized American Indian
20reservation in this state and licensed by the tribal governing body of the reservation,
21in a group home licensed under s. 48.625, or in a residential care center for children
22and youth licensed under s. 48.60, and has been placed in the foster home,
treatment
23foster home, group home, or center by a county department under s. 46.215, 46.22,
24or 46.23, by the department, by the department of corrections, or by a federally
1recognized American Indian tribal governing body in this state under an agreement
2with a county department.
AB75, s. 1252
3Section
1252. 49.19 (4e) (a) of the statutes is amended to read:
AB75,635,94
49.19
(4e) (a) If a person applying for aid is under 18 years of age, has never
5married
, and is pregnant or has a dependent child in his or her care, the person is
6not eligible for aid unless he or she lives in a place maintained by his or her parent,
7legal guardian
, or other adult relative as the parent's, guardian's or other adult
8relative's own home or lives in a foster home,
treatment foster home, maternity
9home
, or other supportive living arrangement supervised by an adult.
AB75, s. 1253
10Section
1253. 49.19 (10) (a) of the statutes is amended to read:
AB75,635,2311
49.19
(10) (a) Aid under this section may also be granted to a nonrelative who
12cares for a child dependent upon the public for proper support in a foster home
or
13treatment foster home having a license under s. 48.62, in a foster home
or treatment
14foster home located within the boundaries of a federally recognized American Indian
15reservation in this state and licensed by the tribal governing body of the reservation
, 16or in a group home licensed under s. 48.625, regardless of the cause or prospective
17period of dependency. The state shall reimburse counties pursuant to the procedure
18under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1)
19(d) for aid granted under this subsection except that if the child does not have legal
20settlement in the granting county, state reimbursement shall be at 100%. The county
21department under s. 46.215 or 46.22 shall determine the legal settlement of the child.
22A child under one year of age shall be eligible for aid under this subsection
23irrespective of any other residence requirement for eligibility within this section.
AB75, s. 1254
24Section
1254. 49.19 (10) (c) of the statutes is amended to read:
AB75,636,9
149.19
(10) (c) Reimbursement under par. (a) may also be paid to the county
2when the child is placed in a licensed foster home,
treatment foster home, group
3home, or residential care center for children and youth by a licensed child welfare
4agency or by a federally recognized American Indian tribal governing body in this
5state or by its designee, if the child is in the legal custody of the county department
6under s. 46.215, 46.22
, or 46.23 or if the child was removed from the home of a relative
7specified in sub. (1) (a) as a result of a judicial determination that continuance in the
8home of the relative would be contrary to the child's welfare for any reason and the
9placement is made
pursuant to under an agreement with the county department.
AB75, s. 1255
10Section
1255. 49.19 (10) (d) of the statutes is amended to read:
AB75,636,2011
49.19
(10) (d) Aid may also be paid under this section to a licensed foster home,
12treatment foster home, group home, or residential care center for children and youth
13by the state when the child is in the custody or guardianship of the state, when the
14child is a ward of an American Indian tribal court in this state and the placement is
15made under an agreement between the department and the tribal governing body,
16or when the child was part of the state's direct service case load and was removed
17from the home of a relative specified in sub. (1) (a) as a result of a judicial
18determination that continuance in the home of a relative would be contrary to the
19child's welfare for any reason and the child is placed by the department or the
20department of corrections.
AB75, s. 1256
21Section
1256. 49.19 (10) (e) of the statutes is amended to read:
AB75,637,422
49.19
(10) (e) Notwithstanding pars. (a), (c)
, and (d), aid under this section may
23not be granted for placement of a child in a foster home
or treatment foster home 24licensed by a federally recognized American Indian tribal governing body, for
25placement of a child in a foster home
, treatment foster home, or residential care
1center for children and youth by a tribal governing body or its designee, for the
2placement of a child who is a ward of a tribal court if the tribal governing body is
3receiving or is eligible to receive funds from the federal government for that type of
4placement, or for placement of a child in a group home licensed under s. 48.625.
AB75, s. 1257
5Section
1257. 49.197 (1m) of the statutes is amended to read:
AB75,637,226
49.197
(1m) Fraud investigation. From the appropriations under s. 20.437 (2)
7(dz), (kx), (L),
(mc), (md),
(n)
(me), and (nL), the department shall establish a program
8to investigate suspected fraudulent activity on the part of recipients of aid to families
9with dependent children under s. 49.19, on the part of participants in the Wisconsin
10Works program under ss. 49.141 to 49.161, and, if the department of health services
11contracts with the department under sub. (5), on the part of recipients of medical
12assistance under subch. IV, food stamp benefits under the food stamp program under
137 USC 2011 to
2036, supplemental security income payments under s. 49.77,
14payments for the support of children of supplemental security income recipients
15under s. 49.775, and health care benefits under the Badger Care health care program
16under s. 49.665. The department's activities under this subsection may include, but
17are not limited to, comparisons of information provided to the department by an
18applicant and information provided by the applicant to other federal, state, and local
19agencies, development of an advisory welfare investigation prosecution standard,
20and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and
21to Wisconsin Works agencies to encourage activities to detect fraud. The department
22shall cooperate with district attorneys regarding fraud prosecutions.
AB75, s. 1258
23Section
1258. 49.197 (2) (title) of the statutes is amended to read:
AB75,637,2524
49.197
(2) (title)
Fraud
Local fraud investigation by counties and tribal
25governing bodies.
AB75, s. 1259
1Section
1259. 49.197 (2) (a) of the statutes is renumbered 49.197 (2) (a) (intro.)
2and amended to read:
AB75,638,33
49.197
(2) (a) (intro.) In this subsection
, "tribal:
AB75,638,5
42. "Tribal governing body" means an elected governing body of a federally
5recognized American Indian tribe.
AB75, s. 1260
6Section
1260. 49.197 (2) (a) 1. of the statutes is created to read:
AB75,638,87
49.197
(2) (a) 1. "County department" means a county department under s.
846.215, 46.22, or 46.23.
AB75, s. 1261
9Section
1261. 49.197 (2) (b) of the statutes is amended to read:
AB75,638,1610
49.197
(2) (b)
A If a county
department, Wisconsin Works agency, or tribal
11governing body
administers the Wisconsin Works program, the county department,
12Wisconsin Works agency, or tribal governing body may establish a program to
13investigate suspected fraudulent activity on the part of participants in the Wisconsin
14Works program under this subchapter, including persons receiving a child care
15subsidy under s. 49.155, and to recover incorrect payments made or incorrect
16benefits provided as a result of fraudulent activity.
AB75, s. 1262
17Section
1262. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2)
18(c) and amended to read:
AB75,639,219
49.197
(2) (c)
If a A county
department, Wisconsin Works agency, or tribal
20governing body
that establishes a program under par. (b)
, the county or tribal
21governing body shall pay to the department all of the following:
shall advise both the
22department and the department of health services of the date on which the program
23was established and, on an ongoing basis, of any amounts recovered as a result of the
24program. A county department, Wisconsin Works agency, or tribal governing body
1may retain any amounts recovered under a program under this subsection and must
2use the moneys retained to pay cash benefits to Wisconsin Works participants.
AB75, s. 1263
3Section
1263. 49.197 (2) (c) 1. of the statutes is repealed.
AB75, s. 1264
4Section
1264. 49.197 (2) (c) 2. of the statutes is repealed.
AB75, s. 1265
5Section
1265. 49.197 (2) (c) 3. of the statutes is repealed.
AB75, s. 1266
6Section
1266. 49.197 (2) (d) of the statutes is repealed.
AB75, s. 1267
7Section
1267. 49.22 (6) of the statutes is amended to read:
AB75,639,168
49.22
(6) The department shall establish, pursuant to federal and state laws,
9rules
, and regulations, a uniform system of fees for services provided under this
10section to individuals not receiving aid under s. 48.645, 49.19, 49.47, or 49.471;
11benefits under s. 49.148, 49.155, or 49.79;
or foster care maintenance payments
12under
42 USC 670 to
679a; or kinship care payments under s. 48.57 (3m) or
13long-term kinship care payments under s. 48.57 (3n). The system of fees may take
14into account an individual's ability to pay. Any fee paid and collected under this
15subsection may be retained by the county providing the service except for the fee
16specified in
42 USC 653 (e) (2) for federal parent locator services.
AB75, s. 1268
17Section
1268. 49.22 (7m) of the statutes is amended to read:
AB75,640,218
49.22
(7m) The department may contract with or employ a collection agency
19or other person to enforce a support obligation of a parent who is delinquent in
20making support payments and may contract with or employ an attorney to appear
21in an action in state or federal court to enforce
such an the obligation. To pay for the
22department's administrative costs of implementing this subsection, the department
23may charge a fee to counties, use federal matching funds or funds retained by the
24department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection
25made under this subsection on behalf of a recipient of aid to families with dependent
1children
or a recipient of kinship care payments under s. 48.57 (3m) or long-term
2kinship care payments under s. 48.57 (3n).
AB75, s. 1270
4Section
1270. 49.32 (6) of the statutes is amended to read:
AB75,640,145
49.32
(6) Welfare reform studies. The department shall request proposals
6from persons in this state for studies of the effectiveness of various program changes,
7referred to as welfare reform, to the aid to families with dependent children program,
8including the requirement that certain recipients of aid to families with dependent
9children with children under age 6 participate in training programs,
the learnfare
10school attendance requirement under s. 49.26 (1) (g) and the modification of the
11earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the
12effectiveness of the various efforts, including their cost-effectiveness, in helping
13individuals gain independence through the securing of jobs and providing financial
14incentives and in identifying barriers to independence.
AB75, s. 1271
15Section
1271. 49.32 (9) (a) of the statutes is amended to read:
AB75,641,216
49.32
(9) (a) Each county department under s. 46.215, 46.22, or 46.23
17administering aid to families with dependent children shall maintain a monthly
18report at its office showing the names of all persons receiving aid to families with
19dependent children together with the amount paid during the preceding month.
20Each Wisconsin Works agency administering Wisconsin Works under ss. 49.141 to
2149.161 shall maintain a monthly report at its office showing the names of all persons
22receiving benefits under s. 49.148 together with the amount paid during the
23preceding month. Nothing in this paragraph shall be construed to authorize or
24require the disclosure in the report of any information (names, amounts of aid or
1otherwise) pertaining to adoptions, or aid furnished for the care of children in foster
2homes
or treatment foster homes under s. 48.645 or 49.19 (10).
AB75, s. 1272
3Section
1272. 49.32 (10m) (a) of the statutes is amended to read:
AB75,642,94
49.32
(10m) (a) A county department, relief agency under s. 49.01 (3m)
, 2009
5stats., or Wisconsin
works Works agency shall, upon request, and after providing the
6notice to the recipient required by this paragraph, release the current address of a
7recipient of relief under s. 49.01 (3),
2009 stats., aid to families with dependent
8children
, or benefits under s. 49.148 to a person, the person's attorney
, or an employee
9or agent of that attorney, if the person is a party to a legal action or proceeding in
10which the recipient is a party or a witness, unless the person is a respondent in an
11action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125
, or
12813.127. If the person is a respondent in an action commenced by the recipient under
13s. 813.12, 813.122, 813.123, 813.125
, or 813.127, the county department, relief
14agency
, or Wisconsin
works Works agency may not release the current address of the
15recipient. No county department, relief agency
, or Wisconsin
works Works agency
16may release an address under this paragraph until 21 days after the address has
17been requested. A person requesting an address under this paragraph shall be
18required to prove his or her identity and his or her participation as a party in a legal
19action or proceeding in which the recipient is a party or a witness by presenting a
20copy of the pleading or a copy of the subpoena for the witness. The person shall also
21be required to sign a statement setting forth his or her name, address
, and the
22reasons for making the request and indicating that he or she understands the
23provisions of par. (b) with respect to the use of the information obtained. The
24statement shall be made on a form prescribed by the department and shall be sworn
25and notarized. Within 7 days after an address has been requested under this
1paragraph, the county department, relief agency
, or Wisconsin
works Works agency
2shall mail to each recipient whose address has been requested a notification of that
3fact on a form prescribed by the department. The form shall also include the date
4on which the address was requested, the name and address of the person who
5requested the disclosure of the address, the reason that the address was requested
, 6and a statement that the address will be released to the person who requested the
7address no sooner than 21 days after the date on which the request for the address
8was made. County departments, relief agencies
, and Wisconsin
works Works 9agencies shall keep a record of each request for an address under this paragraph.
AB75, s. 1273
10Section
1273. 49.34 (1) of the statutes is amended to read:
AB75,642,2011
49.34
(1) All services under this subchapter and ch. 48 purchased by the
12department or by a county department under s. 46.215, 46.22, or 46.23 shall be
13authorized and contracted for under the standards established under this section.
14The department may require the county departments to submit the contracts to the
15department for review and approval. For purchases of $10,000 or less the
16requirement for a written contract may be waived by the department. No contract
17is required for care provided by foster homes
or treatment foster homes that are
18required to be licensed under s. 48.62. When the department directly contracts for
19services, it shall follow the procedures in this section in addition to meeting
20purchasing requirements established in s. 16.75.
AB75, s. 1274
21Section
1274. 49.343 (title) of the statutes is amended to read:
AB75,642,23
2249.343 (title)
Rates for residential care centers and, group homes, and
23child welfare agencies.
AB75, s. 1275
24Section
1275. 49.343 (1) of the statutes is renumbered 49.343 (1g) and
25amended to read:
AB75,643,9
149.343
(1g) Establishment of rates. Subject to sub. (1m), each residential care
2center for children and youth
, as defined in s. 48.02 (15d), and each group home
, as
3defined in s. 48.02 (7), that is incorporated under ch. 180, 181, 185, or 193 shall
4establish a per client rate for its services and
each child welfare agency shall
5establish a per client administrative rate for the administrative portion of its
6treatment foster care services. A residential care center for children and youth and
7a group home shall charge all purchasers the same rate
for the same services and a
8child welfare agency shall charge all purchasers the same administrative rate for the
9same treatment foster care services.
AB75, s. 1276
10Section
1276. 49.343 (1d) of the statutes is created to read:
AB75,643,1111
49.343
(1d) Definitions. In this section:
AB75,643,1512
(a) "Administrative rate" means the difference between the rate charged by a
13child welfare agency to a purchaser of treatment foster care services and the rate
14paid by the child welfare agency to a treatment foster parent for the care and
15maintenance of a child.
AB75,643,1716
(b) "Child welfare agency" means a child welfare agency that is authorized
17under s. 48.61 (7) to license treatment foster homes.
AB75,643,1818
(c) "Group home" has the meaning given in s. 48.02 (7).
AB75,643,2019
(d) "Residential care center for children and youth" has the meaning given in
20s. 48.02 (15d).
AB75, s. 1277
21Section
1277. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act
22.... (this act), is repealed and recreated to read:
AB75,644,723
49.343
(1g) Establishment of rates. For services provided beginning on
24January 1, 2011, the department shall establish the per client rate that a residential
25care center for children and youth or a group home may charge for its services, and
1the per client administrative rate that a child welfare agency may charge for the
2administrative portion of its treatment foster care services, as provided in this
3section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2.,
4the department shall consult with the department of corrections. A residential care
5center for children and youth and a group home shall charge all purchasers the same
6rate for the same services and a child welfare agency shall charge all purchasers the
7same administrative rate for the same treatment foster care services.
AB75, s. 1278
8Section
1278. 49.343 (1m) of the statutes is amended to read:
AB75,645,49
49.343
(1m) Negotiation of rates. Notwithstanding sub.
(1) (1g), the
10department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a
11group of those county departments, or the department and one or more of those
12county departments, and a residential care center for children and youth or group
13home
, as described in sub. (1), may negotiate a per client rate for the services of that
14residential care center for children and youth or group home,
and the department,
15a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those
16county departments, or the department and one or more of those county
17departments, and a child welfare agency may negotiate a per client administrative
18rate for the administrative portion of the treatment foster care services of that child
19welfare agency, if the department, that county department, the county departments
20in that group of county departments, or the department and one or more of those
21county departments, agree to place 75% or more of the residents of that residential
22care center for children and youth or group home
or of the treatment foster homes
23operated by that child welfare agency during the period for which that rate is
24effective. A residential care center for children and youth or group home that
25negotiates a per client rate under this subsection shall charge
that rate to all
1purchasers of its services
the same rate for the same services and a child welfare
2agency that negotiates a per client administrative rate under this subsection shall
3charge all purchasers of its treatment foster care services the same administrative
4rate for the same treatment foster care services.
AB75, s. 1279
5Section
1279. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act
6.... (this act), is repealed.
AB75, s. 1280
7Section
1280. 49.343 (2) (title) of the statutes is created to read:
AB75,645,88
49.343
(2) (title)
Determination of rates.
AB75, s. 1281
9Section
1281. 49.343 (2) of the statutes is renumbered 49.343 (2) (a) and
10amended to read:
AB75,645,2211
49.343
(2) (a)
A By October 1, 2010, and annually after that, a residential care
12center for children and youth or a group home
, as described in sub. (1) or (1m), shall
13submit to the department the
rate it charges and any change in that rate before a
14charge is made to any purchaser per client rate that it proposes to charge for services
15provided in the next year and a child welfare agency shall submit to the department
16the proposed per client administrative rate that it proposes to charge for treatment
17foster care services provided in the next year. The department shall provide forms
18and instructions for the submission of
rates and changes in proposed rates under this
19subsection paragraph and a residential care center for children and youth
or a , group
20home
, or child welfare agency that is required to submit a
rate or a change in a 21proposed rate under this
subsection
paragraph shall submit that
rate or change in
22a proposed rate using those forms and instructions.
AB75, s. 1282
23Section
1282. 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act
24.... (this act), is repealed and recreated to read:
AB75,646,9
149.343
(2) (a) By October 1 annually, a residential care center for children and
2youth or a group home shall submit to the department the per client rate that it
3proposes to charge for services provided in the next year and a child welfare agency
4shall submit to the department the proposed per client administrative rate that it
5proposes to charge for treatment foster care services provided in the next year. The
6department shall provide forms and instructions for the submission of proposed
7rates under this paragraph and a residential care center for children and youth,
8group home, or child welfare agency that is required to submit a proposed rate under
9this paragraph shall submit that proposed rate using those forms and instructions.
AB75, s. 1283
10Section
1283. 49.343 (2) (b) of the statutes is created to read:
AB75,646,1811
49.343
(2) (b) The department shall review a proposed rate submitted under
12par. (a) and audit the residential care center for children and youth, group home, or
13child welfare agency submitting the proposed rate to determine whether the
14proposed rate is appropriate to the level of services to be provided, the qualifications
15of the residential care center for children and youth, group home, or child welfare
16agency to provide those services, and the reasonable and necessary costs of providing
17those services. In reviewing a proposed rate, the department shall consider all of the
18following factors:
AB75,646,2119
1. Changes in the consumer price index for all urban consumers, U.S. city
20average, as determined by the U.S. department of labor, for the 12 months ending
21on June 30 of the year in which the proposed rate is submitted.
AB75,646,2422
2. Changes in the allowable costs of the residential care center for children and
23youth, group home, or child welfare agency based on current actual cost data or
24documented projections of costs.
AB75,647,2
13. Changes in program utilization that affect the per client rate or per client
2administrative rate.
AB75,647,33
4. Changes in the department's expectations relating to service delivery.
AB75,647,64
5. Changes in service delivery proposed by the residential care center for
5children and youth, group home, or child welfare agency and agreed to by the
6department.
AB75,647,87
6. The loss of any source of revenue that had been used to pay expenses,
8resulting in a lower per client rate or per client administrative rate for services.
AB75,647,119
7. Changes in any state or federal laws, rules, or regulations that result in any
10change in the cost of providing services, including any changes in the minimum
11wage, as defined in s. 49.141 (1) (g).
AB75,647,1212
8. Competitive factors.
AB75,647,1413
9. The availability of funding to pay for the services to be provided under the
14proposed rate.
AB75,647,1615
10. Any other factor relevant to the setting of a rate that the department may
16determine by rule promulgated under sub. (4).
AB75, s. 1284
17Section
1284. 49.343 (2) (c) of the statutes is created to read:
AB75,648,318
49.343
(2) (c) If the department determines under par. (b) that a proposed rate
19submitted under par. (a) is appropriate, the department shall approve the proposed
20rate. If the department does not approve a proposed rate, the department shall
21negotiate with the residential care center for children and youth, group home, or
22child welfare agency to determine an agreed to rate. If after negotiations a rate is
23not agreed to, the department and residential care center for children and youth,
24group home, or child welfare agency shall engage in mediation under the rate
25resolution procedure promulgated by rule under sub. (4) to arrive at an agreed to
1rate. If after mediation a rate is not agreed to, the residential care center for children
2and youth, group home, or child welfare agency may not provide the service for which
3the rate was proposed.
AB75, s. 1285
4Section
1285. 49.343 (3) of the statutes is amended to read:
AB75,648,75
49.343
(3) Audit. The department may require an audit of any residential care
6center for children and youth
or, group home,
as described in sub. (1) or (1m), or child
7welfare agency for the purpose of collecting federal funds.
AB75, s. 1286
8Section
1286. 49.343 (4) of the statutes is created to read:
AB75,648,109
49.343
(4) Rules. The department shall promulgate rules to implement this
10section. Those rules shall include rules providing for all of the following:
AB75,648,1411
(a) Standards for determining whether a proposed rate is appropriate to the
12level of services to be provided, the qualifications of a residential care center for
13children and youth, group home, or child welfare agency to provide those services,
14and the reasonable and necessary costs of providing those services.
AB75,648,1515
(b) Factors for the department to consider in reviewing a proposed rate.
AB75,648,1816
(c) Procedures for reviewing proposed rates, including rate resolution
17procedures for mediating an agreed to rate when negotiations fail to produce an
18agreed to rate.
AB75, s. 1287
19Section
1287. 49.345 (14) (a) of the statutes is amended to read:
AB75,649,520
49.345
(14) (a) Except as provided in pars. (b) and (c), liability of a person
21specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years
22of age in residential, nonmedical facilities such as group homes, foster homes,
23treatment foster homes, subsidized guardianship homes, and residential care
24centers for children and youth is determined in accordance with the cost-based fee
25established under s. 49.32 (1). The department shall bill the liable person up to any
1amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
23rd-party benefits, subject to rules that include formulas governing ability to pay
3established by the department under s. 49.32 (1). Any liability of the person not
4payable by any other person terminates when the person reaches age 18, unless the
5liable person has prevented payment by any act or omission.
AB75, s. 1288
6Section
1288. 49.345 (14) (b) of the statutes is amended to read:
AB75,649,147
49.345
(14) (b) Except as provided in par. (c), and subject to par. (cm), liability
8of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the
9parent's minor child who has been placed by a court order under s. 48.355 or 48.357
10in a residential, nonmedical facility such as a group home, foster home,
treatment
11foster home, subsidized guardianship home, or residential care center for children
12and youth shall be determined by the court by using the percentage standard
13established by the department under s. 49.22 (9) and by applying the percentage
14standard in the manner established by the department under par. (g).
AB75, s. 1289
15Section
1289. 49.45 (3) (e) 7. of the statutes is amended to read: