AB40: Bill Text

AB40,521,9 (1) The person is under 19 years of age, who is a full-time student at a secondary school or its vocational or technical equivalent, who and is reasonably expected to complete the program before reaching 19 years of age, who was residing in the foster home or group home immediately prior to his or her 18th birthday, and who continues to reside in that foster home or group home.

AB40,928 Section 928. 48.619 (2) of the statutes is created to read:

AB40,521,13 48.619 (2) The person is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and an individualized education program under s. 115.787 is in effect for the person.

AB40,929 Section 929. 48.62 (4) of the statutes is amended to read:

AB40,522,10 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2010 2014, the rates are $215 $226 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than such level one care, $349 $375 for a child under 5 years of age; $381 $410 for a child 5 to 11 years of age; $433 $466 for a child 12 to 14 years of age; and $452 $487 for a child 15 years of age or over. Beginning on January 1, 2011 2015, the rates are $220 $232 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than such level one care, $366 $384 for a child under 5 years of age; $400 $420 for a child 5 to 11 years of age; $455 $478 for a child 12 to 14 years of age; and $475 $499 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

AB40,930 Section 930. 48.623 (1) (intro.) of the statutes is amended to read:

AB40,523,2 48.623 (1) Eligibility. (intro.) A county department or, in a county having a population of 750,000 or more as provided in sub. (3) (a), the department shall provide monthly subsidized guardianship payments in the amount specified in sub. (3) (b) to a guardian of a child under s. 48.977 (2) or under a substantially similar tribal law if the county department or department determines that the conditions specified in pars. (a) to (d) have been met. A county department or, in a county having a population of 750,000 or more as provided in sub. (3) (a), the department shall also provide those payments for the care of a sibling of such a child, regardless of whether the sibling meets the conditions specified in par. (a), if the county department or department and the guardian agree on the appropriateness of placing the sibling in the home of the guardian. A guardian of a child under s. 48.977 (2) or under a substantially similar tribal law is eligible for monthly subsidized guardianship payments under this subsection if the county department or, in a county having a population of 750,000 or more, the department, whichever will be providing those payments, determines that all of the following apply:

AB40,931 Section 931. 48.623 (3) (a) of the statutes is amended to read:

AB40,523,12 48.623 (3) (a) Except as provided in this paragraph, the county department shall provide the monthly payments under sub. (1) or (6). The county department shall provide those payments from moneys received under s. 48.48 (8p) or 48.569 (1) (d). In a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), the department shall provide the monthly payments under sub. (1) or (6). The department shall provide those payments from the appropriations under s. 20.437 (1) (dd) and (pd). In any other county, the county department shall provide those payments from moneys received under s. 48.569 (1) (d).

AB40,932 Section 932. 48.623 (3) (b) of the statutes is amended to read:

AB40,523,22 48.623 (3) (b) The county department or, as provided in par. (a), the department shall determine the amount of a monthly payment under sub. (1) or (6) for the care of a child shall equal based on the circumstances of the guardian and the needs of the child. That amount may not exceed the amount received under s. 48.62 (4) by the guardian of the child for the month immediately preceding the month in which the guardianship order was granted or a lesser amount if agreed to by the guardian and specified in the agreement under sub. (2) (b). A guardian or an interim caretaker who receives a monthly payment under sub. (1) or (6) for the care of a child is not eligible to receive a payment under s. 48.57 (3m) or (3n) or 48.62 (4) for the care of that child.

AB40,933 Section 933. 48.645 (2) (a) 2. of the statutes is amended to read:

AB40,524,6 48.645 (2) (a) 2. A county or, in a county having a population of 500,000 750,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when the child is placed in a licensed residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.

AB40,934 Section 934. 48.645 (2) (a) 3. of the statutes is amended to read:

AB40,524,17 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 750,000 or more, the department, when the child is placed in a licensed foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a governing body of an Indian tribe in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made under an agreement with the county department or the department.

AB40,935 Section 935. 48.651 (1) (intro.) of the statutes is amended to read:

AB40,525,6 48.651 (1) (intro.) No Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive reimbursement payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 (1d), by the department in a county having a population of 500,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 (1d), meet the requirements specified in s. 48.685, and pay the fee specified in sub. (2). The department in a county having a population of 500,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:

AB40,936 Section 936. 48.659 of the statutes is amended to read:

AB40,525,16 48.659 Child care quality rating system. The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives reimbursement payment under s. 49.155 for the child care provided or that volunteers for rating under this section. The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department's Internet site.

AB40,937 Section 937. 48.685 (2) (bm) of the statutes is amended to read:

AB40,526,10 48.685 (2) (bm) If the person who is the subject of the search under par. (am), (ar), or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, contracted agency, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1., (ar), or (b) 1. a. The department, county department, contracted agency, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

AB40,938 Section 938. 48.685 (2) (br) of the statutes is created to read:

AB40,526,25 48.685 (2) (br) If the person who is the subject of a search under par. (am) or (b) 1. has, or is seeking, a license to operate a child care center under s. 48.65, certification as a child care provider under s. 48.651, or a contract under s. 120.13 (14) to operate a child care program, or is an adult nonclient resident or caregiver of such an entity, and if the entity is receiving, or wishes to receive, reimbursement under s. 49.155 for providing child care services, the department, county department, agency contracted with under s. 48.651 (2), or school board shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies, unless the person has previously been fingerprinted under this paragraph. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

AB40,939 Section 939. 48.685 (8) of the statutes is amended to read:

AB40,527,10 48.685 (8) The department, the department of health services, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am), or (ar), or (3) (a) or (am) or, for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b), or for obtaining fingerprints under sub. (2) (bm) or (br). The fee may not exceed the reasonable cost of obtaining the information or fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information or fingerprints if to do so would be inconsistent with federal law.

AB40,940 Section 940. 48.78 (2) (k) of the statutes is created to read:

AB40,527,20 48.78 (2) (k) Paragraph (a) does not prohibit the department of children and families from providing to the department of revenue, upon request, information concerning a recipient of payments under s. 48.57 (3m) or (3n) or aid under s. 48.645, including information contained in the electronic records of the department of children and families, solely for the purposes of administering state taxes, including verifying a claim for a state tax refund or a refundable state tax credit, and collecting debts owed to the department of revenue. Any information obtained by the department of revenue under this paragraph is subject to the confidentiality provisions specified in s. 71.78.

AB40,941 Section 941. 48.975 (3) (a) 1. of the statutes is amended to read:

AB40,528,4 48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the amount of that the child's foster care or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB40,942 Section 942. 48.975 (3) (a) 2. of the statutes is amended to read:

AB40,528,13 48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB40,943 Section 943. 48.975 (4) (a) of the statutes is amended to read:

AB40,528,23 48.975 (4) (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency a county department authorized to place children for adoption, is in the guardianship of an American Indian tribal agency in this state, or is in a subsidized guardianship under s. 48.623, or is otherwise eligible for adoption assistance payments under 42 USC 673 (a) (2) (A).

AB40,944 Section 944. 48.977 (3r) of the statutes is amended to read:

AB40,529,17 48.977 (3r) Subsidized guardianship. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child's permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, in a county having a population of 750,000 or more, as provided in s. 48.623 (3) (a), the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).

AB40,945 Section 945. 48.981 (3) (c) 5m. of the statutes is amended to read:

AB40,530,14 48.981 (3) (c) 5m. If the The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines may include in a determination under subd. 4. a determination that a specific person has abused or neglected a child,. If the county department, department, or licensed child welfare agency, within 15 makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of the a final determination , that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall notify the person in writing of the determination, the person's right to appeal a contested case hearing on the determination under ch. 227, and the procedure procedures under sub. 5p. by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal receive that hearing.

AB40,531,5 5p. A person determined under subd. 4. to have abused or neglected a child has the right to a contested case hearing on that determination under ch. 227. To receive that hearing, the person must send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the notice under subd. 5m. of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance as provided in this subdivision, and shall issue a final decision within 60 days after the close of the hearing. Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227. The person presiding over a contested case proceeding under this subdivision to be held may hold the hearing in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.

AB40,946 Section 946. 48.982 (4) (b) (intro.) of the statutes is renumbered 48.982 (4) (b) and amended to read:

AB40,531,10 48.982 (4) (b) A grant may be awarded only to an organization that agrees to match the grant at least 10 percent of the amount received, or a larger percentage at the board's discretion, through money or in-kind services, as follows:.

AB40,947 Section 947. 48.982 (4) (b) 1. of the statutes is repealed.

AB40,948 Section 948. 48.982 (4) (b) 2. of the statutes is repealed.

AB40,949 Section 949. 48.982 (6) (a) of the statutes is amended to read:

AB40,531,20 48.982 (6) (a) From the appropriations under s. 20.433 (1) (b), (h), (i), (k), (ma), and (q), the board shall award grants to organizations in accordance with the request-for-proposal procedures developed under sub. (2) (a). From the appropriations under s. 20.433 (1) (b), (g), (h), (i), (k), (m), (ma), and (q), the board shall provide technical assistance to organizations in accordance with those procedures. No organization may receive a grant or grants under this subsection totaling more than $150,000 in any year.

AB40,950 Section 950. 48.982 (6) (am) of the statutes is repealed.

AB40,951 Section 951. 49.131 (2) of the statutes is amended to read:

AB40,532,2 49.131 (2) If the necessary authorization under sub. (1) is granted, and except as provided in sub. (3) Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.

AB40,952 Section 952. 49.131 (3) of the statutes is repealed.

AB40,953 Section 953. 49.137 (4) (a) of the statutes is amended to read:

AB40,532,7 49.137 (4) (a) Developing and recommending to the department a system of higher reimbursement payment rates or a program of grants for child care providers that meet the quality of care standards established under s. 49.132 (4) (e), 1995 stats.

AB40,954 Section 954. 49.141 (1) (n) of the statutes is amended to read:

AB40,532,10 49.141 (1) (n) "Trial employment match program job" means a work component of Wisconsin works Works administered under s. 49.147 (3).

AB40,955 Section 955. 49.143 (2) (a) 2. of the statutes is amended to read:

AB40,532,14 49.143 (2) (a) 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial employment match program jobs or community service jobs.

AB40,956 Section 956. 49.143 (2) (a) 3. of the statutes is amended to read:

AB40,532,18 49.143 (2) (a) 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial employment match program jobs or community service jobs.

AB40,957 Section 957. 49.143 (2) (a) 4. of the statutes is amended to read:

AB40,532,22 49.143 (2) (a) 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial employment match program jobs or community service jobs.

AB40,958 Section 958. 49.143 (2) (a) 5. of the statutes is amended to read:

AB40,532,25 49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial employment match program jobs or community service jobs.

AB40,959 Section 959. 49.143 (2) (a) 6. of the statutes is amended to read:

AB40,533,6 49.143 (2) (a) 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial employment match program jobs or community service jobs.

AB40,960 Section 960. 49.143 (2) (ct) of the statutes is repealed.

AB40,961 Section 961. 49.143 (2r) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40,533,13 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 employment match program under s. 49.147 (3).

AB40,962 Section 962. 49.147 (1) of the statutes is amended to read:

AB40,533,18 49.147 (1) Definition. In this section, "unsubsidized employment" means employment, including self-employment and entrepreneurial activities, for which the Wisconsin Works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities receives no wage subsidy.

AB40,963 Section 963. 49.147 (1m) (b) of the statutes is amended to read:

AB40,534,2 49.147 (1m) (b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial employment match program job and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.

AB40,964 Section 964. 49.147 (2) (am) 2. of the statutes is amended to read:

AB40,534,10 49.147 (2) (am) 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 employment match program job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.

AB40,965 Section 965. 49.147 (3) (title) of the statutes is amended to read:

AB40,534,12 49.147 (3) (title) Trial jobs employment match program.

AB40,966 Section 966. 49.147 (3) (a) of the statutes is amended to read:

AB40,534,21 49.147 (3) (a) Administration. A Wisconsin Works agency shall administer a trial job employment match program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise are not able to obtain unsubsidized employment, as determined by the Wisconsin Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin Works agency shall give priority to placement under this subsection over placements under subs. (4) and (5).

AB40,535,13 (ac) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and that agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours that would be required for full-time employment in that month. a wage subsidy in an amount that is negotiated between the Wisconsin Works agency and the employer but that is not less than the state or federal minimum wage that applies to the participant. The wage subsidy shall be paid for each hour that the participant actually works, up to a maximum of 40 hours per week. In addition to paying the wage subsidy, the Wisconsin Works agency may, as negotiated between the Wisconsin Works agency and the employer, reimburse the employer for all or a portion of other costs that are attributable to the employment of the participant, including any of the following:

AB40,967 Section 967. 49.147 (3) (ac) 1. of the statutes is created to read:

AB40,535,15 49.147 (3) (ac) 1. Federal social security and Medicare taxes.

AB40,968 Section 968. 49.147 (3) (ac) 2. of the statutes is created to read:

AB40,535,17 49.147 (3) (ac) 2. State and federal unemployment contributions or taxes.

AB40,969 Section 969. 49.147 (3) (ac) 3. of the statutes is created to read:

AB40,535,19 49.147 (3) (ac) 3. Worker's compensation insurance premiums.

AB40,970 Section 970. 49.147 (3) (am) of the statutes is amended to read:

AB40,535,24 49.147 (3) (am) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment match program employment.

AB40,971 Section 971. 49.147 (3) (c) of the statutes is amended to read:

AB40,536,12 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job for a maximum of 3 6 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 employment match program 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.

AB40,972 Section 972. 49.147 (3) (d) of the statutes is created to read: