SB400, s. 142
22Section
142. 49.155 (6m) (a) and (b) of the statutes are amended to read:
SB400,65,2523
49.155
(6m) (a) Maintain
a an accurate written record of the daily hours of
24attendance of each child for whom the provider is providing care under this section,
25including the actual arrival and departure times for each child.
SB400,66,4
1(b) Retain
on the premises of the child care provider the written daily
2attendance records under par. (a) for each child for at least 3 years after the child's
3last day of attendance, regardless of whether the child care provider is still receiving
4or eligible to receive payments under this section.
Note: Requires a child care provider participating in the Wisconsin Shares child
care subsidy program to maintain written daily attendance records that are accurate and
to retain these records on the premises of the child care provider.
SB400, s. 143
5Section
143. 49.155 (7) (b) 4. of the statutes is renumbered 49.155 (7) (c) and
6amended to read:
SB400,66,137
49.155
(7) (c) The
department or a county department under s. 46.215, 46.22,
8or 46.23 may refuse to pay a child care provider for child care provided under this
9section if the department or county department reasonably suspects that the person
10has violated any provision under the program under this section or any rule
11promulgated under this section.
Within 30 working days of the initial refusal of
12payment under this paragraph, the department shall either initiate an action to
13withhold payments under sub. (7m) or resume payments to the child care provider.
Note: Specifies that DCF may suspend Wisconsin Shares payments based upon
a reasonable suspicion of a program violation, but must either initiate an action to
suspend payments within 30 days or resume payment after 30 days.
SB400, s. 144
14Section
144. 49.159 (2) of the statutes is amended to read:
SB400,67,215
49.159
(2) Minor custodial parents; financial and employment counseling. 16A custodial parent who is under the age of 18 is eligible, regardless of that
17individual's or that individual's parent's income or assets, to meet with a financial
18and employment planner. The financial and employment planner may provide the
19individual with information regarding Wisconsin
works
Works eligibility, available
20child care services, employment and financial planning, family planning services, as
21defined in s. 253.07 (1) (b), community resources, eligibility for
food stamps benefits
1under the supplemental nutrition assistance program, and other food and nutrition
2programs.
SB400, s. 145
3Section
145. 49.161 (1) of the statutes is amended to read:
SB400,67,104
49.161
(1) Trial jobs overpayments. Notwithstanding s.
49.96 49.043, the
5department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from
6an individual who receives benefits paid under s. 49.148 (1) (a). The value of the
7benefit liable for recovery under this subsection may not exceed the amount that the
8department paid in wage subsidies with respect to that participant while the
9participant was ineligible to participate. The department shall promulgate rules
10establishing policies and procedures for administrating this subsection.
SB400, s. 146
11Section
146. 49.1635 of the statutes is renumbered 49.215.
SB400, s. 148
14Section
148. 49.167 of the statutes is renumbered 49.219.
SB400, s. 149
15Section
149. 49.169 of the statutes is renumbered 49.221.
SB400, s. 150
16Section
150. 49.173 (3) (a) 2. of the statutes is amended to read:
SB400,67,1817
49.173
(3) (a) 2.
Food stamp Supplemental nutrition assistance employment
18and training.
SB400, s. 151
19Section
151. 49.175 (1) (m) of the statutes is amended to read:
SB400,67,2120
49.175
(1) (m)
Children first. For services under the work experience program
21for noncustodial parents under s.
49.36 49.163, $1,140,000 in each fiscal year.
SB400, s. 152
22Section
152. 49.19 (4) (h) 1. b. of the statutes is amended to read:
SB400,68,1223
49.19
(4) (h) 1. b.
Except as provided under sub. (5) (a) 1m., when When any
24person applies for or receives aid under this section, any right of the parent or any
25dependent child to support or maintenance from any other person, including any
1right to unpaid amounts accrued at the time of application and any right to amounts
2accruing during the time aid is paid under this section, is assigned to the state. If
3a minor who is a beneficiary of aid under this section is also the beneficiary of support
4under a judgment or order that includes support for one or more children not
5receiving aid under this section, any support payment made under the judgment or
6order is assigned to the state in the amount that is the proportionate share of the
7minor receiving aid under this section, except as otherwise ordered by the court on
8the motion of a party. Amounts assigned to the state under this subd. 1. b. remain
9assigned to the state until that amount of aid paid that represents the amount due
10as support or maintenance has been recovered. No amount of support that begins
11to accrue after aid under this section is discontinued for the recipient may be
12considered assigned to this state.
Note: Deletes references to a provision that is repealed by the bill.
SB400, s. 153
13Section
153. 49.19 (5) (a) 1m., (16) and (17) of the statutes are repealed.
Note: Repeals obsolete provisions in the aid to families with dependent children
section.
SB400, s. 154
14Section
154. 49.195 (title) of the statutes is amended to read:
SB400,68,16
1549.195 (title)
Recovery of
Action to recoup aid to families with
16dependent children and, Wisconsin works Works benefits.
Note: Modifies title to distinguish from recovery of overpayments.
SB400, s. 155
17Section
155. 49.195 (3) of the statutes is renumbered 49.195 (3) (a) and
18amended to read:
SB400,69,919
49.195
(3) (a) A county, tribal governing body, Wisconsin
works Works agency
, 20or the department shall determine whether an overpayment has been made under
21s. 49.19, 49.148, 49.155
, or 49.157 and, if so, the amount of the overpayment. The
22county, tribal governing body, Wisconsin
works Works agency
, or department shall
1provide notice of the overpayment to the liable person. The department shall give
2that person an opportunity for a review following the procedure specified under s.
349.152
or 49.1525, if the person received the overpayment under
s. ss. 49.141 to
449.161, and for a hearing under ch. 227. Notwithstanding s.
49.96 49.043, the
5department shall promptly recover all overpayments made under s. 49.19, 49.148,
649.155
, or 49.157 that have not already been received under s. 49.161
or 49.19 (17) 7and shall promulgate rules establishing policies and procedures to administer this
8subsection. The rules shall include notification procedures similar to those
9established for child support collections.
Note: Adds a reference to the provision created in this bill relating to review of
Wisconsin Shares decisions.
SB400, s. 156
10Section
156. 49.195 (3) (b) of the statutes is created to read:
SB400,69,1611
49.195
(3) (b) Notwithstanding par. (a), the department shall waive recovery
12of an overpayment paid to a child care provider under s. 49.155 if the overpayment
13is a result of the child care provider's reasonable reliance on incorrect information
14provided by the county department or an agency with which the department
15contracts under s. 49.155 (1m) regarding the child care provider's eligibility for
16payment or an individual's eligibility to receive a child care subsidy under s. 49.155.
Note: Requires DCF to waive recovery of incorrect payments to a child care
provider if the child care provider provided services in reasonable reliance on information
provided to the child care provider.
SB400, s. 157
17Section
157. 49.195 (3m) (f) of the statutes is amended to read:
SB400,70,218
49.195
(3m) (f) Notwithstanding s.
49.96 49.043, at any time after the filing of
19a warrant, the department may commence and maintain a garnishee action as
20provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for
21actions to enforce a judgment. The place of trial of such an action may be either in
1Dane County or the county where the debtor resides and may not be changed from
2the county in which that action is commenced, except upon consent of the parties.
SB400, s. 158
3Section
158. 49.195 (3n) (q) 2. of the statutes is amended to read:
SB400,70,54
49.195
(3n) (q) 2. The first $1,000 of an account in a depository institution is
5exempt from any levy to recover a
benefit overpayment
debt.
Note: Replaces "benefit overpayment" with the defined term "debt" in the section
relating to recovery of aid to families with dependent children and Wisconsin Works
benefits.
SB400,71,38
49.197
(1m) Fraud investigation. From the appropriations under s. 20.437 (2)
9(dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program
10to investigate suspected fraudulent activity on the part of recipients of aid to families
11with dependent children under s. 49.19, on the part of participants in the Wisconsin
12Works program under ss. 49.141 to 49.161, and, if the department of health services
13contracts with the department under sub. (5), on the part of recipients of medical
14assistance under subch. IV,
food stamp benefits under the
food stamp supplemental
15nutrition assistance program under
7 USC 2011 to
2036, supplemental security
16income payments under s. 49.77, payments for the support of children of
17supplemental security income recipients under s. 49.775, and health care benefits
18under the Badger Care health care program under s. 49.665. The department's
19activities under this subsection may include, but are not limited to, comparisons of
20information provided to the department by an applicant and information provided
21by the applicant to other federal, state, and local agencies, development of an
22advisory welfare investigation prosecution standard, and provision of funds to
23county departments under ss. 46.215, 46.22, and 46.23 or multicounty consortia, as
1defined in s.
49.78 49.003 (1) (br), and to Wisconsin Works agencies to encourage
2activities to detect fraud. The department shall cooperate with district attorneys
3regarding fraud prosecutions.
Note: Repeals a definition for the term "tribal governing body," which is created
in Section 70 of the bill.
SB400, s. 161
6Section
161. 49.197 (3) of the statutes is amended to read:
SB400,71,147
49.197
(3) State error reduction activities. The department shall conduct
8activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161
9and, if the department of health services contracts with the department under sub.
10(5), the Medical Assistance program under subch. IV, the
food stamp supplemental
11nutrition assistance program under
7 USC 2011 to
2036, the supplemental security
12income payments program under s. 49.77, the program providing payments for the
13support of children of supplemental security income recipients under s. 49.775, and
14the Badger Care health care program under s. 49.665.
SB400,72,417
49.197
(4) County and tribal error reduction. If the department of health
18services contracts with the department under sub. (5), the department shall provide
19funds from the appropriation under s. 20.437 (2) (kx) to counties, multicounty
20consortia, as defined in s.
49.78 49.003 (1) (br), and
tribal governing bodies
of
21federally recognized American Indian tribes administering Medical Assistance
22under subch. IV, the
food stamp supplemental nutrition assistance program under
237 USC 2011 to
2036, the supplemental security income payments program under s.
149.77, the program providing payments for the support of children of supplemental
2security income recipients under s. 49.775, and the Badger Care health care program
3under s. 49.665 to offset administrative costs of reducing payment errors in those
4programs.
SB400, s. 163
5Section
163. 49.197 (5) of the statutes is amended to read:
SB400,72,206
49.197
(5) Contracts for medical assistance, food stamps supplemental
7nutrition assistance, supplemental security income, and caretaker supplement. 8Notwithstanding s.
49.845 49.019 (1) and (2), the department of health services may
9contract with the department to investigate suspected fraudulent activity on the
10part of recipients of medical assistance under subch. IV,
food stamp benefits under
11the
food stamp supplemental nutrition assistance program under
7 USC 2011 to
122036, supplemental security income payments under s. 49.77, payments for the
13support of children of supplemental security income recipients under s. 49.775, and
14health care benefits under the Badger Care health care program under s. 49.665 and
15to conduct activities to reduce payment errors in the Medical Assistance program
16under subch. IV, the
food stamp supplemental nutrition assistance program under
177 USC 2011 to
2036, the supplemental security income payments program under s.
1849.77, the program providing payments for the support of children of supplemental
19security income recipients under s. 49.775, and the Badger Care health care program
20under s. 49.665, as provided in this section.
SB400, s. 164
21Section
164. Subchapter III (title) of chapter 49 [precedes 49.203] of the
22statutes is repealed and recreated to read:
SB400,72,2424
Subchapter III
SB400,73,2
1children and families; other
2
support services
SB400, s. 165
3Section
165. 49.203 of the statutes is created to read:
SB400,73,4
449.203 Definitions. In this subchapter:
SB400,73,5
5(1) "Department" means the department of children and families.
SB400,73,6
6(2) "Secretary" means the secretary of children and families.
SB400, s. 166
7Section
166. 49.22 of the statutes is renumbered 49.811, and 49.811 (2m) (a)
8and (7m), as renumbered, are amended to read:
SB400,73,229
49.811
(2m) (a) The department may request from any person in this state
10information it determines appropriate and necessary for the administration of this
11section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468, 49.47, and 49.471 and programs
12carrying out the purposes of
7 USC 2011 to
2029 2036. Unless access to the
13information is prohibited or restricted by law, or unless the person has good cause,
14as determined by the department in accordance with federal law and regulations, for
15refusing to cooperate, the person shall make a good faith effort to provide this
16information within 7 days after receiving a request under this paragraph. Except
17as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the
18county child support agency under s. 59.53 (5) may disclose information obtained
19under this paragraph only in the administration of this section, ss. 49.141 to 49.161,
2049.19, 49.46, 49.47, and 49.471 and programs carrying out the purposes of
7 USC
212011 to
2029 2036. Employees of the department or a county child support agency
22under s. 59.53 (5) are subject to s.
49.83 49.013.
SB400,74,7
23(7m) The department may contract with or employ a collection agency or other
24person to enforce a support obligation of a parent who is delinquent in making
25support payments and may contract with or employ an attorney to appear in an
1action in state or federal court to enforce such an obligation. To pay for the
2department's administrative costs of implementing this subsection, the department
3may charge a fee to counties, use federal matching funds or funds retained by the
4department under s.
49.24 49.821 (2) (c), or use up to 30% of this state's share of a
5collection made under this subsection on behalf of a recipient of aid to families with
6dependent children or a recipient of kinship care payments under s. 48.57 (3m) or
7long-term kinship care payments under s. 48.57 (3n).
SB400, s. 167
8Section
167. 49.225 of the statutes is renumbered 49.817.
SB400, s. 168
9Section
168. 49.227 of the statutes is renumbered 49.819.
SB400, s. 169
10Section
169. 49.24 of the statutes is renumbered 49.821, and 49.821 (2) (a) and
11(c) and (3), as renumbered, are amended to read:
SB400,74,1712
49.821
(2) (a) The department shall, in consultation with representatives of
13counties, promulgate a rule that specifies the formula according to which the
14payments under sub. (1) and federal child support incentive payments will be
15distributed to counties. The rule shall provide that the total of state and federal
16incentive payments per year to a county may not exceed the costs per year of the
17county's child support program under s.
49.22 49.811.
SB400,74,2218
(c) The department may retain 70% of the amount of federal child support
19incentive payments awarded to the state for each federal fiscal year that exceeds
20$12,340,000, to be used to pay the costs of the department's activities under ss.
49.22 2149.811 and
49.227 49.819 and costs related to receiving and disbursing support and
22support-related payments.
SB400,74,25
23(3) A county that receives any state child support incentive payment under sub.
24(1) or any federal child support incentive payment under sub. (2) may use the funds
25only to pay costs under its child support program under s.
49.22 49.811.
SB400, s. 170
1Section
170. 49.25 of the statutes is renumbered 49.823.
SB400, s. 171
2Section
171. 49.26 (title) of the statutes is renumbered 49.198 (title).
SB400, s. 172
3Section
172. 49.26 (1) (a) to (h) 1s., (hm) and (hr) of the statutes are
4renumbered 49.198 (1) (a) to (h) 1s., (hm) and (hr), and 49.198 (1) (c), (d), (g) (intro.),
5(ge), (h) 1s. b. and (hr), as renumbered, are amended to read:
SB400,75,86
49.198
(1) (c) A
county department or Wisconsin
works Works agency may
7provide services under this subsection directly or may contract with a nonprofit
8agency or a school district to provide the services.
SB400,75,169
(d) A
county department or Wisconsin Works agency that provides services
10under this subsection directly shall develop a plan, in coordination with the school
11districts located in whole or in part in the county, describing the assistance that the
12county department or Wisconsin Works agency and school districts will provide to
13individuals receiving services under this subsection, the number of individuals that
14will be served and the estimated cost of the services. The
county department or 15Wisconsin Works agency shall submit the plan to the department and the
16department of public instruction by January 15, annually.
SB400,75,2017
(g) (intro.) An individual who is a dependent child in a Wisconsin Works group
18that includes a participant under s. 49.147 (3),
(3m), (4), or (5) or who is a recipient
19of aid under s. 49.19 is subject to the school attendance requirement under par. (ge)
20if all of the following apply:
SB400,75,2421
(ge) An individual fails to meet the school attendance requirement if the
22individual is not enrolled in school or was not enrolled in the immediately preceding
23semester. The Wisconsin
works Works agency
or county department shall verify
24enrollment.
SB400,76,3
1(h) 1s. b. An individual who is a dependent child in a Wisconsin Works group
2that includes a participant under s. 49.147 (3),
(3m), (4), or (5) and who fails to meet
3the school attendance requirement under par. (ge) is subject to a monthly sanction.
SB400,76,84
(hr) If an individual subject to the school attendance requirement under par.
5(ge) is enrolled in a public school, communications between the school district and
6the department
, a county department under s. 46.215, 46.22, or 46.23 or a Wisconsin
7works Works agency concerning the individual's school attendance may only be made
8by a school attendance officer, as defined under s. 118.16 (1) (b).
SB400, s. 173
9Section
173. 49.26 (1) (h) 2. and (2) (title) and (a) of the statutes are repealed.
Note: Repeals references to and a definition for "county department" and a
provision relating to recipients of aid to families with dependent children in the learnfare
statute.
SB400, s. 174
10Section
174. 49.26 (2) (b) of the statutes is renumbered 49.198 (2) and
11amended to read:
SB400,76,1512
49.198
(2) County departments or Wisconsin
works Works agencies shall
13provide case management services to individuals who are subject to the school
14attendance requirement under the learnfare program under sub. (1) and their
15families to improve the school attendance and achievement of those individuals.
Note: Strikes references to county departments in the learnfare statute.
SB400, s. 175
16Section
175. 49.265 (1) (c) of the statutes is repealed.
Note: Repeals a definition for the term "poverty line", which is defined at the
beginning of the chapter, in s. 49.001 (5).
SB400, s. 176
17Section
176. 49.27 of the statutes is renumbered 49.064.
SB400, s. 177
18Section
177. 49.275 of the statutes is renumbered 49.065 and amended to
19read:
SB400,77,3
2049.065 Cooperation with federal government. The department may
21cooperate with the federal government in carrying out federal acts concerning public
1assistance under
this subchapter subchs. II and III and child welfare under ch. 48
2and in other matters of mutual concern under
this subchapter subchs. II and III 3pertaining to public welfare and under ch. 48 pertaining to child welfare.
Note: Repeals an obsolete section relating to the former aid to families with
dependent children program.
SB400, s. 179
5Section
179. 49.32 (title) of the statutes is renumbered 49.06 (title).
SB400, s. 180
6Section
180. 49.32 (1), (2) and (7) to (12) of the statutes are renumbered 49.06
7(1), (2) and (6) to (12), and 49.06 (1) (a), (7) (b), (c) and (d), (8), (9) (title), (a), (b) and
8(c), (10) (a) (intro.) and (10m) (a) and (b), as renumbered, are amended to read:
SB400,77,209
49.06
(1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department
10shall establish a uniform system of fees for services provided or purchased under
this
11subchapter ss. 49.811 to 49.823, subchs. II and III, and ch. 48 by the department, or
12a county department under s. 46.215, 46.22, or 46.23 except as provided in s.
49.22 1349.811 (6) and except when, as determined by the department, a fee is
14administratively unfeasible or would significantly prevent accomplishing the
15purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall
16apply the fees that it collects under this program to cover the cost of those services.
17The department shall report to the joint committee on finance no later than March
181 of each year on the number of children placed for adoption by the department
19during the previous year and the costs to the state for services relating to such
20adoptions.