SB400: Bill Text

SB400,44,7 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665.

SB400, s. 62 Section 62. 48.839 (1) (d) and (e) of the statutes are amended to read:

SB400,44,15 48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 49.32 49.06 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

SB400,44,20 (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 49.32 49.06 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.

SB400, s. 63 Section 63. 48.98 (2) (d) of the statutes is amended to read:

SB400,45,2 48.98 (2) (d) The department shall periodically bill the person who filed the bond and the surety under s. 49.32 49.06 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.

SB400, s. 64 Section 64. 48.981 (8) (a) and (d) 1. of the statutes are amended to read:

SB400,45,23 48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 49.217 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB400,46,5 (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 49.217 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB400, s. 65 Section 65. 48.988 (11) of the statutes is amended to read:

SB400,46,12 48.988 (11) Financial responsibility for any child placed under the interstate compact on the placement of children shall be determined in accordance with sub. (5) in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of s. 49.90 49.039, ch. 769, or any other applicable state law fixing responsibility for the support of children also may be invoked.

SB400, s. 66 Section 66. 48.989 (2) of the statutes is amended to read:

SB400,46,19 48.989 (2) Financial responsibility. Financial responsibility for any child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with ss. 48.60 (4) (b) and 48.988 (5). In the event of partial or complete default of performance under the compact, the provisions of s. 49.90 49.039, ch. 769, or any other applicable state law fixing responsibility for the support of children may also be invoked.

SB400, s. 67 Section 67. Subchapter I (title) of chapter 49 [precedes 49.001] of the statutes is repealed and recreated to read:

SB400,46,22 chapter 49

SB400,46,23 Subchapter I

SB400,46,24 general provisions

SB400, s. 68 Section 68. 49.001 (1m) of the statutes is renumbered 49.46 (1c) and amended to read:

SB400,47,4 49.46 (1c) Definition. "Essential In this section, "essential person" means any person defined as an essential person under federal Title XVI.

Note: Renumbers a general chapter definition for the term "essential person" to place it in one of 2 sections where the term appears.

SB400, s. 69 Section 69. 49.001 (4) of the statutes is renumbered 49.808 (1) and amended to read:

SB400,47,8 49.808 (1) "Municipality" In this section, "municipality" means any town, city or village.

Note: Renumbers a definition for the term "municipality", which appears in only 2 sections within ch. 49, stats.

SB400, s. 70 Section 70 . 49.001 (4m) and (7m) of the statutes are created to read:

SB400,47,14 49.001 (4m) "Intentional program violation" means intentionally making a false or misleading statement, intentionally misrepresenting or withholding facts, or committing any act that constitutes a violation of state or federal law for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking benefits under this chapter.

SB400,47,16 (7m) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe or band.

Note: Creates a definition for "intentional program violation" and creates a single definition of "tribal governing body" for ch. 49, stats.

SB400, s. 71 Section 71. 49.001 (5m) of the statutes is renumbered 49.79 (1) (em).

Note: Renumbers a definition for the term "prisoner", which only appears in provisions related to the supplemental nutrition assistance program.

SB400, s. 72 Section 72. 49.001 (5p) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB400,48,3 49.001 (5p) "Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029 49.806.

SB400, s. 73 Section 73. 49.003 (1) (am) of the statutes is created to read:

SB400,48,5 49.003 (1) (am) "Department" means the department of health services.

SB400, s. 74 Section 74. 49.006 of the statutes is created to read:

SB400,48,13 49.006 Affirmation of statements in applications. (1) A person who makes a statement in a written application for any aid or benefit provided under this chapter shall be considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement shall be considered to be prima facie evidence against the person making it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this chapter.

SB400,48,18 (2) An employee of a county department, a Wisconsin Works agency, the department of health services, or the department of children and families who accepts an application for any aid or benefit under this chapter shall have the authority to administer an oath to the applicant that the information given is true and correct to the best of the applicant's knowledge.

SB400,48,22 (3) The department of children and families and the department of health services shall promulgate rules requiring information provided by an applicant for any aid or benefit under this chapter to be sworn to or otherwise affirmed as being true and correct to the best of the applicant's knowledge.

Note: Provides that a statement made in a written application for any aid or benefit under ch. 49, stats., is considered to be an admission as to the existence, correctness, or validity of any fact stated. In addition, proposed s. 49.006 (2) provides that an employee who accepts an application for aid or a benefit has the authority to administer an oath to the applicant. Finally, proposed s. 49.006 (3) requires DCF and DHS to promulgate rules requiring statements on aid and benefit applications to be sworn to or otherwise affirmed to be true and correct.

SB400, s. 75 Section 75. 49.007 (3) of the statutes is created to read:

SB400,49,6 49.007 (3) Fraud prevention training. The department of health services, in consultation with the department of children and families, shall provide training to county and Wisconsin Works agency employees relating to fraud prevention and investigation, error reduction, and related activities. The department of health services shall promulgate rules specifying the frequency and content of the training.

Note: Requires DHS in consultation with DCF to provide training to agency employees relating to fraud prevention and investigation and error reduction.

SB400, s. 76 Section 76. 49.01 (intro.) of the statutes is renumbered 49.801 (intro.) and amended to read:

SB400,49,9 49.801 Definitions. (intro.) As used in this subchapter ss. 49.801 to 49.808:

SB400, s. 77 Section 77. 49.01 (1g), (2), (2g), (3) and (8L) of the statutes are renumbered 49.801 (1g), (2), (2g), (3) and (8L), and 49.801 (2), as renumbered, is amended to read:

SB400,49,13 49.801 (2) "Dependent person" means an individual who is eligible for relief under s. 49.015 49.802.

SB400, s. 78 Section 78. 49.01 (1m) and (8p) of the statutes are repealed.

Note: Repeals definitions for the terms "department", and "tribal governing body". The term "department" will be defined at the beginning of the subchapter. The term "tribal governing body" is defined in proposed s. 49.001 (7m).

SB400, s. 79 Section 79. 49.01 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 49.801 (3m).

SB400, s. 80 Section 80. 49.015 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b) of the statutes are renumbered 49.802 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b), and 49.802 (3) (b), as renumbered, is amended to read:

SB400,50,3 49.802 (3) (b) A relief agency may waive the requirement under sub. (2) or (2m) in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may make a determination as to the appropriateness of the waiver under rules promulgated by the department under s. 49.02 49.803 (7m) (d).

SB400, s. 81 Section 81. 49.015 (1) (a) and (c) and (3) (title) and (a) of the statutes, as affected by 2009 Wisconsin Act 28, are renumbered 49.802 (1) (a) and (c) and (3) (title) and (a), and 49.802 (1) (c), as renumbered, is amended to read:

SB400,50,8 49.802 (1) (c) The individual qualifies under written criteria of dependency under s. 49.02 49.803 (1) (b) established by the relief agency on that tax-free land.

SB400, s. 82 Section 82. 49.017 (1c) of the statutes is created to read:

SB400,50,10 49.017 (1c) In this section:

SB400,50,11 (a) "Department" means the department of health services.

SB400,50,12 (b) "Public assistance" means any aid or benefit under this chapter.

SB400, s. 83 Section 83. 49.02 (title) and (5) to (11) of the statutes are renumbered 49.803 (title) and (5) to (11), and 49.803 (7m) (b) and (d), as renumbered, are amended to read:

SB400,50,17 49.803 (7m) (b) Procedures for appealing eligibility determinations under s. 49.015 49.802. These procedures shall provide for notice, fair hearing and review.

SB400,50,19 (d) Standards for a waiver of any eligibility requirement under s. 49.015 49.802.

SB400, s. 84 Section 84. 49.02 (1), (1e) and (2) of the statutes, as affected by 2009 Wisconsin Act 28, are renumbered 49.803 (1), (1e) and (2).

SB400, s. 85 Section 85. 49.029 of the statutes is renumbered 49.806, and 49.806 (3), as renumbered, is amended to read:

SB400,51,3 49.806 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 49.801 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

SB400, s. 86 Section 86. Subchapter II (title) of chapter 49 [precedes 49.05] of the statutes is repealed and recreated to read:

SB400,51,6 chapter 49

SB400,51,7 Subchapter II

SB400,51,10 children and families; Wisconsin works, aid to families, and child care subsidy

SB400, s. 87 Section 87. 49.08 of the statutes is renumbered 49.808 (2).

SB400, s. 88 Section 88. 49.11 of the statutes is renumbered 49.05.

SB400, s. 89 Section 89. 49.114 of the statutes is renumbered 49.066.

SB400, s. 90 Section 90. 49.133 of the statutes is repealed.

Note: Repeals a provision relating to refusal to pay child care providers under Wisconsin Shares because the same provisions are contained in s. 49.155 (7), stats.

SB400, s. 91 Section 91. 49.134 of the statutes is renumbered 49.204.

SB400, s. 92 Section 92. 49.136 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7) of the statutes are renumbered 49.205 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7).

SB400, s. 93 Section 93. 49.136 (1) (b) of the statutes is repealed.

Note: Repeals a definition of "child care provider" that duplicates the definition provided in s. 49.001 (1).

SB400, s. 94 Section 94. 49.137 (title) of the statutes is renumbered 49.207 (title).

SB400, s. 95 Section 95. 49.137 (1) (intro.) and (c) of the statutes are consolidated, renumbered 49.207 (1) and amended to read:

SB400,52,3 49.207 (1) Definitions. In this section: (c) "Family, "family child care system" means a centralized administrative unit that offers technical assistance and support to a group of child care providers with the goal of improving child care services.

SB400, s. 96 Section 96. 49.137 (1) (ab), (am), (bd) and (e) of the statutes are repealed.

Note: Repeals definitions for the terms "child care provider", "family child care center", and "group child care center". The term "child care provider" is defined at the beginning of the chapter, in s. 49.001 (1). The terms "family child care center" and "group child care center" are not used in s. 49.137. In another section in which those terms do appear (s. 49.136), separate definitions are provided.

SB400, s. 97 Section 97. 49.137 (2) to (6) of the statutes are renumbered 49.207 (2) to (6).

SB400, s. 98 Section 98. 49.1375 of the statutes is renumbered 49.209.

SB400, s. 99 Section 99. 49.138 (4) (c) of the statutes is amended to read:

SB400,52,12 49.138 (4) (c) If the administering agency is a Wisconsin works Works agency, the department may review the decision of the Wisconsin works Works agency if, within 14 21 days after the date on which the certified copy of the decision of the Wisconsin works Works agency is mailed, the applicant or participant petitions the department for a review of that decision.

Note: Changes the time period for departmental review of a Wisconsin Works agency decision regarding emergency assistance from 14 days to 21 days to be consistent with other reviews under the Wisconsin Works program.

SB400, s. 100 Section 100. 49.138 (5) of the statutes is created to read:

SB400,52,18 49.138 (5) (a) The department shall recover an overpayment of benefits paid under sub. (1m) from an individual who receives benefits under sub. (1m). The value of the benefit for recovery under this paragraph may not exceed the amount that the department paid in emergency assistance with respect to that particular recipient while the recipient was ineligible to receive emergency assistance.

SB400,53,3 (b) The department shall recover assistance paid under sub. (1m) to a person in the form of a voucher or other payment method for the purpose of providing housing or a service to a recipient of assistance under sub. (1m) in the amount of assistance paid by the voucher or other payment method that the person does not use as required by the department.

SB400,53,5 (c) The department shall promulgate rules establishing policies and procedures for administering this subsection.