2011 Wisconsin Act 32

32,1341w Section 1341w. 48.977 (4) (g) 4. of the statutes is amended to read:

48.977 (4) (g) 4. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. A strong attachment of the child to the person or a strong commitment of the person to caring permanently for the child does not, in itself, constitute good cause for departing from that order.

32,1342 Section 1342. 48.981 (3m) (b) (intro.) of the statutes is amended to read:

48.981 (3m) (b) (intro.) The department shall establish a pilot program under which an agency in a county having a population of 500,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select an agency in a county having a population of 500,000 or more and not more than 4 agencies and county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:

32,1342e Section 1342e. 48.983 (2) of the statutes is amended to read:

48.983 (2) Funds provided. (a) If a county, private agency, or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (1) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The county, private agency, or Indian tribe shall agree to match at least 25 percent of the grant amount annually in funds or in-kind contributions.

(b) The department shall determine the amount of a grant awarded to a county, private agency, or Indian tribe under this section in excess of the minimum amount based on the need of the county, private agency, or Indian tribe for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on the number of births that are funded by Medical Assistance under subch. IV of ch. 49 in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe.

32,1342f Section 1342f. 48.983 (2) (c) of the statutes is created to read:

48.983 (2) (c) The department shall allocate 10 percent of the funds available from the appropriation account under s. 20.437 (1) (ab) in each fiscal year for grants under this section to counties, private agencies, or Indian tribes that have not previously received those grants.

32,1346 Section 1346. 49.143 (2r) of the statutes is amended to read:

49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial job program under s. 49.147 (3) and, if operating in the geographical area in which the Wisconsin Works agency administers Wisconsin Works, the transitional jobs demonstration project under s. 49.162.

32,1347c Section 1347c. 49.147 (2) (a) 1. of the statutes is amended to read:

49.147 (2) (a) 1. An individual who applies for a Wisconsin works Works employment position may be required by the Wisconsin works Works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A participant in a Wisconsin works Works employment position or who is receiving case management services under par. (am) shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.

32,1347d Section 1347d. 49.147 (2) (a) 2. of the statutes is amended to read:

49.147 (2) (a) 2. A Wisconsin works Works agency may require an applicant for a Wisconsin works Works employment position to participate in job orientation during the period that his or her application is being processed as a condition of eligibility. A Wisconsin works Works agency may require a participant in a Wisconsin works Works employment position or who is receiving case management services under par. (am) to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.

32,1347e Section 1347e. 49.147 (2) (am) of the statutes is created to read:

49.147 (2) (am) Case management services. 1. In lieu of placing the individual in a Wisconsin Works employment position under subs. (3) to (5), a Wisconsin Works agency may provide case management services, which may include those services specified in s. 49.1475, to an individual who applies for a Wisconsin Works employment position if the Wisconsin Works agency determines all of the following:

a. The individual meets the eligibility requirements under s. 49.145 (2) and (3).

b. The individual is willing to work and has no barriers to employment that cannot be addressed with Wisconsin Works services.

c. The individual is job-ready, based on the individual's employment history or education.

d. The most appropriate placement for the individual is in unsubsidized employment.

2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.

32,1347f Section 1347f. 49.147 (2) (b) of the statutes is amended to read:

49.147 (2) (b) Job search assistance. A Wisconsin works Works agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give priority to placement in unsubsidized employment and providing case management services under par. (am) over placements under subs. (3) to (5).

32,1348 Section 1348. 49.147 (3) (c) of the statutes is created to read:

49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

32,1349 Section 1349. 49.147 (4) (as) of the statutes is amended to read:

49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review and may require a participant to participate in education or training activities for not more than 10 hours per week, except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

32,1350 Section 1350. 49.147 (4) (b) of the statutes is created to read:

49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.

32,1351 Section 1351. 49.147 (5) (b) (intro.) of the statutes is renumbered 49.147 (5) (b) 1. (intro.) and amended to read:

49.147 (5) (b) 1. (intro.) The Wisconsin works Works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job, or a volunteer activity. A Wisconsin works Works agency may require a participant under this subsection to participate in any of the following:

32,1352 Section 1352. 49.147 (5) (b) 1m. of the statutes is renumbered 49.147 (5) (b) 1. a. and amended to read:

49.147 (5) (b) 1. a. An alcohol and other drug abuse evaluation, assessment, and treatment program.

32,1353 Section 1353. 49.147 (5) (b) 2. of the statutes is created to read:

49.147 (5) (b) 2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin Works agency with the approval of the department.

32,1354 Section 1354. 49.147 (5) (b) 2m. of the statutes is renumbered 49.147 (5) (b) 1. b.

32,1355 Section 1355. 49.147 (5) (b) 3. of the statutes is renumbered 49.147 (5) (b) 1. c.

32,1356 Section 1356. 49.147 (5) (b) 4. of the statutes is renumbered 49.147 (5) (b) 1. d. and amended to read:

49.147 (5) (b) 1. d. Other activities that the Wisconsin works Works agency determines are consistent with the capabilities of the individual.

32,1357 Section 1357. 49.147 (5) (bs) of the statutes is amended to read:

49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin Works agency may require a participant placed in a transitional placement to participate in education or training activities for not more than 12 hours per week and to engage in activities under par. (b) 1m. to 4. The Wisconsin Works agency, but may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

32,1357f Section 1357f. 49.147 (5) (bs) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin Works agency may require a participant placed in a transitional placement to participate in education or training activities for not more than 12 hours per week and to engage in activities under par. (b) 1m. to 4. 1., but may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

32,1358 Section 1358. 49.148 (1) (b) 1. of the statutes is amended to read:

49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15 $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5.15 $5 for each hour that the participant misses work or education or training activities without good cause.

32,1359 Section 1359. 49.148 (1) (b) 1m. d. of the statutes is amended to read:

49.148 (1) (b) 1m. d. For a participant placed in a community service job for more than 20 hours per week, $673 $653.

32,1360 Section 1360. 49.148 (1) (b) 3. of the statutes is amended to read:

49.148 (1) (b) 3. For a participant in a community service job who participates in technical college education under s. 49.147 (5m), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5.15 $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

32,1361 Section 1361. 49.148 (1) (c) of the statutes is amended to read:

49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628 $608, paid monthly by the Wisconsin Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1m. to 4., the grant amount shall be reduced by $5.15 $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

32,1361f Section 1361f. 49.148 (1) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $608, paid monthly by the Wisconsin Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., the grant amount shall be reduced by $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

32,1361s Section 1361s. 49.148 (1m) (a) 1. of the statutes is amended to read:

49.148 (1m) (a) 1. A custodial parent of a child 12 8 weeks old or less who meets the eligibility requirements under s. 49.145 (2) and (3), 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).

32,1362 Section 1362. 49.148 (1m) (c) (intro.) of the statutes is amended to read:

49.148 (1m) (c) (intro.) For purposes of the time limit limits under s. ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:

32,1363 Section 1363. 49.148 (4) (b) of the statutes is amended to read:

49.148 (4) (b) The Wisconsin Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (a) and (am) (as) or (5) (b) and (bm) (bs).

32,1364 Section 1364. 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 group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., without good cause, as determined by the Wisconsin Works agency.

32,1365 Section 1365. 49.1515 (title) of the statutes is amended to read:

49.1515 (title) Determining nonparticipation without good cause.

32,1366 Section 1366. 49.1515 (2) of the statutes is repealed.

32,1367 Section 1367. 49.1515 (3) of the statutes is repealed.

32,1367c Section 1367c. 49.152 (1) of the statutes is amended to read:

49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works Works is not acted upon by the Wisconsin works Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin works Works agency for a review of such action. Review is unavailable if the action by the Wisconsin works Works agency occurred more than 45 days prior to submission of the petition for review.

32,1367e Section 1367e. 49.152 (3) (a) of the statutes is amended to read:

49.152 (3) (a) If, following review under sub. (2), the Wisconsin works Works agency or the department determines that an individual, whose application for a Wisconsin works Works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works Works employment position or inappropriately provided case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position, the Wisconsin works Works agency shall place the individual in the first available Wisconsin works Works employment position that is appropriate for that individual, as determined by the Wisconsin works Works agency or the department. An individual who is placed in a Wisconsin works Works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

32,1368 Section 1368. 49.153 (1) (am) of the statutes is repealed.

32,1369 Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and amended to read:

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

32,1370 Section 1370. 49.153 (1) (c) of the statutes is amended to read:

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

32,1371 Section 1371. 49.153 (2) of the statutes is amended to read:

49.153 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) (a) and that define " reasonable attempts" for the purpose of sub. (1) (am) and "reasonable time" for the purpose of sub. (1) (c).

32,1373 Section 1373. 49.155 (1g) (ac) of the statutes is amended to read:

49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,475,000 $3,975,000 per fiscal year.

32,1374 Section 1374. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) Child care licensing activities, in the amount of at least $5,763,900 $8,767,000 per fiscal year.

32,1375 Section 1375. 49.155 (1g) (g) of the statutes is created to read:

49.155 (1g) (g) Contracts and grants to implement the child care quality rating system under s. 48.659.

32,1376 Section 1376. 49.155 (1h) of the statutes is repealed.

32,1376n Section 1376n. 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 licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5) 48.623, a group home, or an independent living arrangement supervised by an adult.

32,1377e Section 1377e. 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) 48.623, or if the individual is a foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).

32,1377f Section 1377f. 49.155 (1m) (c) 1g. of the statutes is amended to read: