AB40-ASA1, s. 1335k
1Section 1335k. 48.685 (4m) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,542,132
48.685
(4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
3par. (ad) and sub. (5), the department may not license, or continue or renew the
4license of, a person to operate an entity, the department in a county having a
5population of 500,000 or more, a county department, or an agency contracted with
6under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county
7department or a child welfare agency may not license, or renew the license of, a foster
8home under s. 48.62,
the department in a county having a population of 750,000 or
9more or a county department may not provide subsidized guardianship payments to
10an interim caretaker under s. 48.623 (6), and a school board may not contract with
11a person under s. 120.13 (14), if the department, county department, contracted
12agency, child welfare agency, or school board knows or should have known any of the
13following:
AB40-ASA1,542,1815
48.685
(4m) (a) 5. That, in the case of a position for which the person must be
16credentialed by the department of
regulation and licensing safety and professional
17services, the person's credential is not current or is limited so as to restrict the person
18from providing adequate care to a client.
AB40-ASA1,543,520
48.685
(4m) (ad) The department, a county department, or a child welfare
21agency may license a foster home under s. 48.62
,; the department may license a child
22care center under s. 48.65; the department in a county having a population of 500,000
23or more, a county department, or an agency contracted with under s. 48.651 (2) may
24certify a child care provider under s. 48.651
,;the department in a county having a
25population of 750,000 or more or a county department may provide subsidized
1guardianship payments to an interim caretaker under s. 48.623 (6); and a school
2board may contract with a person under s. 120.13 (14), conditioned on the receipt of
3the information specified in sub. (2) (am)
and (ar) indicating that the person is not
4ineligible to be licensed, certified,
provided payments, or contracted with for a reason
5specified in par. (a) 1. to 5.
AB40-ASA1,543,107
48.685
(4m) (b) 5. That, in the case of a position for which the person must be
8credentialed by the department of
regulation and licensing safety and professional
9services, the person's credential is not current or is limited so as to restrict the person
10from providing adequate care to a client.
AB40-ASA1,544,312
48.685
(5) (a) Subject to pars. (bm) and (br), the department may license to
13operate an entity, the department in a county having a population of 500,000 or more,
14a county department, or an agency contracted with under s. 48.651 (2) may certify
15under s. 48.651, a county department or a child welfare agency may license under
16s. 48.62,
the department in a county having a population of 750,000 or more or a
17county department may provide subsidized guardianship payments under s. 48.623
18(6), and a school board may contract with under s. 120.13 (14) a person who otherwise
19may not be licensed, certified, or contracted with for a reason specified in sub. (4m)
20(a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity
21a person who otherwise may not be employed,
provided payments, contracted with,
22or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if
23the person demonstrates to the department, the county department, the contracted
24agency, the child welfare agency, or the school board or, in the case of an entity that
25is located within the boundaries of a reservation, to the person or body designated
1by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in
2accordance with procedures established by the department by rule or by the tribe
3that he or she has been rehabilitated.
AB40-ASA1, s. 1337e
4Section 1337e. 48.685 (5) (bm) (intro.) of the statutes is amended to read:
AB40-ASA1,544,105
48.685
(5) (bm) (intro.) For purposes of licensing a foster home for the
6placement of a child on whose behalf foster care maintenance payments under s.
748.62 (4) will be provided
or of providing subsidized guardianship payments to an
8interim caretaker under s. 48.623 (6), no person who has been convicted of any of the
9following offenses may be permitted to demonstrate that he or she has been
10rehabilitated:
AB40-ASA1,545,712
48.685
(5m) Notwithstanding s. 111.335, the department may refuse to license
13a person to operate an entity, a county department or a child welfare agency may
14refuse to license a foster home under s. 48.62,
the department in a county having a
15population of 750,000 or more or a county department may refuse to provide
16subsidized guardianship payments to a person under s. 48.623 (6), and an entity may
17refuse to employ or contract with a caregiver or permit a nonclient resident to reside
18at the entity if the person has been convicted of an offense that is not a serious crime,
19but that is, in the estimation of the department, county department, child welfare
20agency, or entity, substantially related to the care of a client. Notwithstanding s.
21111.335, the department may refuse to license a person to operate a child care center,
22the department in a county having a population of 500,000 or more, a county
23department, or an agency contracted with under s. 48.651 (2) may refuse to certify
24a child care provider under s. 48.651, a school board may refuse to contract with a
25person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or
1established or contracted for under s. 120.13 (14) or a child care provider that is
2certified under s. 48.651 may refuse to employ or contract with a caregiver or permit
3a nonclient resident to reside at the child care center or child care provider if the
4person has been convicted of or adjudicated delinquent on or after his or her 12th
5birthday for an offense that is not a serious crime, but that is, in the estimation of
6the department, county department, contracted agency, school board, child care
7center, or child care provider, substantially related to the care of a client.
AB40-ASA1,545,219
48.685
(6) (a) The department shall require any person who applies for
10issuance, continuation, or renewal of a license to operate an entity, the department
11in a county having a population of 500,000 or more, a county department, or an
12agency contracted with under s. 48.651 (2) shall require any child care provider who
13applies for initial certification under s. 48.651 or for renewal of that certification, a
14county department or a child welfare agency shall require any person who applies
15for issuance or renewal of a license to operate a foster home under s. 48.62,
the
16department in a county having a population of 750,000 or more or a county
17department shall require any person who applies for subsidized guardianship
18payments under s. 48.623 (6), and a school board shall require any person who
19proposes to contract with the school board under s. 120.13 (14) or to renew a contract
20under that subsection, to complete a background information form that is provided
21by the department.
AB40-ASA1,546,1123
48.78
(2) (g) Paragraph (a) does not prohibit an agency from disclosing
24information about an individual in its care or legal custody on the written request
25of the department of
regulation and licensing safety and professional services or of
1any interested examining board or affiliated credentialing board in that department
2for use in any investigation or proceeding relating to any alleged misconduct by any
3person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457.
4Unless authorized by an order of the court, the department of
regulation and
5licensing safety and professional services and any examining board or affiliated
6credentialing board in that department shall keep confidential any information
7obtained under this paragraph and may not disclose the name of or any other
8identifying information about the individual who is the subject of the information
9disclosed, except to the extent that redisclosure of that information is necessary for
10the conduct of the investigation or proceeding for which that information was
11obtained.
AB40-ASA1,546,1913
48.975
(4) (a) Except in extenuating circumstances, as defined by the
14department by rule promulgated under sub. (5) (a), a written agreement to provide
15adoption assistance shall be made prior to adoption. An agreement to provide
16adoption assistance may be made only for a child who, at the time of placement for
17adoption, is in the guardianship of the department or other agency authorized to
18place children for adoption, in the guardianship of an American Indian tribal agency
19in this state, or in a subsidized guardianship under s.
48.62 (5) 48.623.
AB40-ASA1,547,1721
48.977
(3r) Subsidized guardianship.
Subject to s. 48.62 (5) (d), if a county
22department or, in a county having a population of 500,000 or more, the department
23has determined under s. 48.62 (5) (a) 2. that appointing a guardian under sub. (2) for
24a child who does not meet the conditions specified under s. 48.62 (5) (a) 1. and
25providing Subsidized guardianship payments under s. 48.623 (1) may not be made
1to a guardian of a child unless a subsidized guardianship agreement under s. 48.623
2(2) is entered into before the guardianship order is granted and the court either
3terminates any order specified in sub. (2) (a) or dismisses any proceeding in which
4the child has been adjudicated in need of protection or services as specified in sub.
5(2) (a). If a child's permanency plan calls for placement of the child in the home of
6a guardian and the provision of monthly subsidized guardianship payments to the
7guardian
are in the best interests of the child, the petitioner under sub. (4) (a) shall
8include in the petition under sub. (4) (b) a statement of
that determination the
9determinations made under s. 48.623 (1) and a request for the court to include in the
10court's findings under sub. (4) (d) a finding confirming
that determination those
11determinations. If the court confirms
that determination and those determinations, 12appoints a guardian for the child under sub. (2),
and either terminates any order
13specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated
14to be in need of protection or services as specified in sub. (2) (a), the county
15department or
, in a county having a population of 750,000 or more, department shall
16provide monthly subsidized guardianship payments to the guardian under s.
48.62
17(5) 48.623 (1).
AB40-ASA1,547,2419
48.977
(4) (g) 4. If the child is an Indian child, the order of placement preference
20under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good
21cause, as described in s. 48.028 (7) (e), for departing from that order.
A strong
22attachment of the child to the person or a strong commitment of the person to caring
23permanently for the child does not, in itself, constitute good cause for departing from
24that order.
AB40-ASA1, s. 1342
25Section
1342. 48.981 (3m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,548,14
148.981
(3m) (b) (intro.) The department shall establish a pilot program under
2which an agency in a county having a population of 500,000 or more or a county
3department that is selected to participate in the pilot program may employ
4alternative responses to a report of abuse or neglect or of threatened abuse or neglect.
5The department shall select
an agency in a county having a population of 500,000
6or more and not more than 4 agencies and county departments to participate in the
7pilot program in accordance with the department's request-for-proposal procedures
8and according to criteria developed by the department. Those criteria shall include
9an assessment of the plan of an agency or county department for involving the
10community in providing services for a family that is participating in the pilot
11program and a determination of whether an agency or a county department has an
12agreement with local law enforcement agencies and the representative of the public
13under s. 48.09 to ensure interagency cooperation in implementing the pilot program.
14To implement the pilot program, the department shall provide all of the following:
AB40-ASA1,548,2216
48.983
(2) Funds provided. (a) If a county, private agency, or Indian tribe
17applies and is selected by the department under sub. (5) to participate in the program
18under this section, the department shall award, from the appropriation under s.
1920.437 (1) (ab), a grant annually to be used only for the purposes specified in sub. (4)
20(a) and (am). The minimum amount of a grant is $10,000. The county, private agency,
21or Indian tribe shall agree to match at least 25 percent of the grant amount annually
22in funds or in-kind contributions.
AB40-ASA1,549,8
23(b) The department shall determine the amount of a grant awarded to a county,
24private agency, or Indian tribe
under this section in excess of the minimum amount
25based on the need of the county, private agency, or Indian tribe for a grant, as
1determined by a formula that the department shall promulgate by rule. That
2formula shall determine that need based on the number of births that are funded by
3Medical Assistance under subch. IV of ch. 49 in that county, the area in which that
4private agency is providing services, or the reservation of that Indian tribe and on
5the rate of poor birth outcomes, including infant mortality, premature births, low
6birth weights, and racial or ethnic disproportionality in the rates of those outcomes,
7in that county, the area in which that private agency is providing services, or the
8reservation of that Indian tribe.
AB40-ASA1,549,1310
48.983
(2) (c) The department shall allocate 10 percent of the funds available
11from the appropriation account under s. 20.437 (1) (ab) in each fiscal year for grants
12under this section to counties, private agencies, or Indian tribes that have not
13previously received those grants.
AB40-ASA1,549,2015
49.143
(2r) Job programs. A Wisconsin Works agency shall collaborate with
16the local workforce development board to connect individuals seeking employment
17with employment opportunities, including the trial job program under s. 49.147 (3)
18and, if operating in the geographical area in which the Wisconsin Works agency
19administers Wisconsin Works, the transitional jobs demonstration project under s.
2049.162.
AB40-ASA1,550,422
49.147
(2) (a) 1. An individual who applies for a Wisconsin
works Works 23employment position may be required by the Wisconsin
works Works agency to
24search for unsubsidized employment during the period that his or her application is
25being processed as a condition of eligibility. A participant in a Wisconsin
works
1Works employment position
or who is receiving case management services under par.
2(am) shall search for unsubsidized employment throughout his or her participation.
3The department shall define by rule satisfactory search efforts for unsubsidized
4employment.
AB40-ASA1,550,136
49.147
(2) (a) 2. A Wisconsin
works
Works agency may require an applicant for
7a Wisconsin
works Works employment position to participate in job orientation
8during the period that his or her application is being processed as a condition of
9eligibility. A Wisconsin
works Works agency may require a participant in a
10Wisconsin
works Works employment position
or who is receiving case management
11services under par. (am) to engage in training activities in accordance with rules
12promulgated by the department as part of the participant's participation
13requirements.
AB40-ASA1,550,1915
49.147
(2) (am)
Case management services. 1. In lieu of placing the individual
16in a Wisconsin Works employment position under subs. (3) to (5), a Wisconsin Works
17agency may provide case management services, which may include those services
18specified in s. 49.1475, to an individual who applies for a Wisconsin Works
19employment position if the Wisconsin Works agency determines all of the following:
AB40-ASA1,550,2020
a. The individual meets the eligibility requirements under s. 49.145 (2) and (3).
AB40-ASA1,550,2221
b. The individual is willing to work and has no barriers to employment that
22cannot be addressed with Wisconsin Works services.
AB40-ASA1,550,2423
c. The individual is job-ready, based on the individual's employment history or
24education.
AB40-ASA1,551,2
1d. The most appropriate placement for the individual is in unsubsidized
2employment.
AB40-ASA1,551,83
2. A Wisconsin Works agency shall, every 30 days, review the provision of case
4management services to an individual under this paragraph, if the individual is not
5successful in obtaining unsubsidized employment after legitimate efforts to secure
6employment, to determine whether the individual should be placed in a trial job,
7community service job, or transitional placement. The department shall promulgate
8rules that specify the criteria for the review process under this subdivision.
AB40-ASA1,551,1410
49.147
(2) (b)
Job search assistance. A Wisconsin
works Works agency shall
11assist a participant in his or her search for unsubsidized employment. In
12determining an appropriate placement for a participant, a Wisconsin
works Works 13agency shall give priority to placement in unsubsidized employment
and providing
14case management services under par. (am) over placements under subs. (3) to (5).
AB40-ASA1,552,216
49.147
(3) (c)
Time-limited participation. A participant under this subsection
17may participate in a trial job for a maximum of 3 months, with an opportunity for a
183-month extension under circumstances determined by the Wisconsin Works
19agency. A participant may participate in more than one trial job, but may not exceed
20a total of 24 months of participation under this subsection. The months need not be
21consecutive. The department or, with the approval of the department, the Wisconsin
22Works agency may grant an extension of the 24-month limit on a case-by-case basis
23if the participant has made all appropriate efforts to find unsubsidized employment
24and has been unable to find unsubsidized employment because local labor market
1conditions preclude a reasonable job opportunity for that participant, as determined
2by a Wisconsin Works agency and approved by the department.
AB40-ASA1,552,124
49.147
(4) (as)
Required hours. Except as provided in pars. (at) and (av) and
5sub. (5m), a Wisconsin Works agency shall require a participant placed in a
6community service job program to work in a community service job for the number
7of hours determined by the Wisconsin Works agency to be appropriate for the
8participant at the time of application or review
and may require a participant to
9participate in education or training activities for not more than 10 hours per week,
10except that the Wisconsin Works agency may not require a participant under this
11subsection to spend more than 40 hours per week in combined activities under this
12subsection.
AB40-ASA1,553,314
49.147
(4) (b)
Time-limited participation. An individual may participate in a
15community service job for a maximum of 6 months, with an opportunity for a
163-month extension under circumstances approved by the department. An individual
17may participate in more than one community service job, but may not exceed a total
18of 24 months of participation under this subsection. The months need not be
19consecutive. The department or, with the approval of the department, the Wisconsin
20Works agency may grant an extension to the 24-month limit on a case-by-case basis
21if the Wisconsin Works agency determines that the individual has made all
22appropriate efforts to find unsubsidized employment and has been unable to find
23unsubsidized employment because local labor market conditions preclude a
24reasonable employment opportunity in unsubsidized employment for that
25participant, as determined by a Wisconsin Works agency and approved by the
1department, and if the Wisconsin Works agency determines, and the department
2agrees, that no trial job opportunities are available in the specified local labor
3market.
AB40-ASA1, s. 1351
4Section
1351. 49.147 (5) (b) (intro.) of the statutes is renumbered 49.147 (5)
5(b) 1. (intro.) and amended to read:
AB40-ASA1,553,106
49.147
(5) (b) 1. (intro.) The Wisconsin
works Works agency shall assign a
7participant under this subsection to work activities such as a community
8rehabilitation program, as defined by the department, a job similar to a community
9service job
, or a volunteer activity. A Wisconsin
works Works agency may require a
10participant under this subsection to participate in any of the following:
AB40-ASA1, s. 1352
11Section
1352. 49.147 (5) (b) 1m. of the statutes is renumbered 49.147 (5) (b)
121. a. and amended to read:
AB40-ASA1,553,1413
49.147
(5) (b) 1. a. An alcohol and other drug abuse evaluation, assessment
, and
14treatment program.
AB40-ASA1,553,1916
49.147
(5) (b) 2. An individual may participate in a transitional placement for
17a maximum of 24 months. The months need not be consecutive. This period may be
18extended on a case-by-case basis by the department or by the Wisconsin Works
19agency with the approval of the department.
AB40-ASA1, s. 1354
20Section
1354. 49.147 (5) (b) 2m. of the statutes is renumbered 49.147 (5) (b)
211. b.
AB40-ASA1, s. 1355
22Section
1355. 49.147 (5) (b) 3. of the statutes is renumbered 49.147 (5) (b) 1.
23c.
AB40-ASA1, s. 1356
24Section
1356. 49.147 (5) (b) 4. of the statutes is renumbered 49.147 (5) (b) 1.
25d. and amended to read:
AB40-ASA1,554,2
149.147
(5) (b) 1. d. Other activities that the Wisconsin
works Works agency
2determines are consistent with the capabilities of the individual.
AB40-ASA1,554,94
49.147
(5) (bs)
Required hours. Except as provided in par. (bt) and sub. (5m),
5a Wisconsin Works agency may require a participant placed in a transitional
6placement
to participate in education or training activities for not more than 12
7hours per week and to engage in activities under par. (b) 1m. to 4.
The Wisconsin
8Works agency, but may not require a participant under this subsection to spend more
9than 40 hours per week in combined activities under this subsection.
AB40-ASA1, s. 1357f
10Section 1357f. 49.147 (5) (bs) of the statutes, as affected by 2011 Wisconsin
11Act .... (this act), is amended to read:
AB40-ASA1,554,1712
49.147
(5) (bs)
Required hours. Except as provided in par. (bt) and sub. (5m),
13a Wisconsin Works agency may require a participant placed in a transitional
14placement to participate in education or training activities for not more than 12
15hours per week and to engage in activities under par. (b)
1m. to 4. 1., but may not
16require a participant under this subsection to spend more than 40 hours per week
17in combined activities under this subsection.
AB40-ASA1,555,519
49.148
(1) (b) 1. Except as provided in subd. 1m., for a participant in a
20community service job under s. 49.147 (4), a monthly grant of
$673 $653, paid by the
21Wisconsin
works Works agency. For every hour that the participant misses work or
22education or training activities without good cause, the grant amount shall be
23reduced by
$5.15 $5. Good cause shall be determined by the financial and
24employment planner in accordance with rules promulgated by the department. Good
25cause shall include required court appearances for a victim of domestic abuse. If a
1participant in a community service job under s. 49.147 (4) is required to work fewer
2than 30 hours per week because the participant has unsubsidized employment, as
3defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the
4amount specified under subd. 1m. minus
$5.15 $5 for each hour that the participant
5misses work or education or training activities without good cause.
AB40-ASA1, s. 1359
6Section
1359. 49.148 (1) (b) 1m. d. of the statutes is amended to read:
AB40-ASA1,555,87
49.148
(1) (b) 1m. d. For a participant placed in a community service job for
8more than 20 hours per week,
$673 $653.
AB40-ASA1,555,1610
49.148
(1) (b) 3. For a participant in a community service job who participates
11in technical college education under s. 49.147 (5m), a monthly grant of
$673 $653,
12paid by the Wisconsin
works Works agency. For every hour that the participant
13misses work or other required activities without good cause, the grant amount shall
14be reduced by
$5.15 $5. Good cause shall be determined by the financial and
15employment planner in accordance with rules promulgated by the department. Good
16cause shall include required court appearances for a victim of domestic abuse.
AB40-ASA1,556,218
49.148
(1) (c)
Transitional placements. For a participant in a transitional
19placement under s. 49.147 (5) or in a transitional placement and in technical college
20education under s. 49.147 (5m), a grant of
$628 $608, paid monthly by the Wisconsin
21Works agency. For every hour that the participant fails to participate in any required
22activity without good cause, including any activity under s. 49.147 (5) (b) 1m. to 4.,
23the grant amount shall be reduced by
$5.15 $5. Good cause shall be determined by
24the financial and employment planner in accordance with rules promulgated by the
1department. Good cause shall include required court appearances for a victim of
2domestic abuse.
AB40-ASA1, s. 1361f
3Section 1361f. 49.148 (1) (c) of the statutes, as affected by 2011 Wisconsin Act
4.... (this act), is amended to read:
AB40-ASA1,556,135
49.148
(1) (c)
Transitional placements. For a participant in a transitional
6placement under s. 49.147 (5) or in a transitional placement and in technical college
7education under s. 49.147 (5m), a grant of $608, paid monthly by the Wisconsin
8Works agency. For every hour that the participant fails to participate in any required
9activity without good cause, including any activity under s. 49.147 (5) (b)
1m. to 4. 101. a. to d., the grant amount shall be reduced by $5. Good cause shall be determined
11by the financial and employment planner in accordance with rules promulgated by
12the department. Good cause shall include required court appearances for a victim
13of domestic abuse.
AB40-ASA1,556,1915
49.148
(1m) (a) 1. A custodial parent of a child
12 8 weeks old or less who meets
16the eligibility requirements under s. 49.145 (2) and (3), unless another adult member
17of the custodial parent's Wisconsin Works group is participating in, or is eligible to
18participate in, a Wisconsin Works employment position or is employed in
19unsubsidized employment, as defined in s. 49.147 (1) (c).
AB40-ASA1, s. 1362
20Section
1362. 49.148 (1m) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,556,2221
49.148
(1m) (c) (intro.) For purposes of the time
limit limits under
s. ss. 49.145
22(2) (n)
and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:
AB40-ASA1,557,224
49.148
(4) (b) The Wisconsin Works agency may require an individual who tests
25positive for use of a controlled substance under par. (a) to participate in a drug abuse
1evaluation, assessment, and treatment program as part of the participation
2requirement under s. 49.147 (4)
(a) and (am) (as) or (5)
(b) and (bm) (bs).
AB40-ASA1,557,104
49.151
(1) (b) The participant, or an individual who is in the participant's
5Wisconsin Works group and who is subject to the work requirement under s. 49.15
6(2), fails, without good cause, as determined by the Wisconsin Works agency, to
7appear for an interview with a prospective employer or, if the participant is in a
8Wisconsin Works transitional placement, the participant fails to appear for an
9assigned activity, including an activity under s. 49.147 (5) (b)
1m. to 4. 1. a. to d.,
10without good cause, as determined by the Wisconsin Works agency.
AB40-ASA1,557,12
1249.1515 (title)
Determining nonparticipation
without good cause.