SB30,855
3Section 855
. 49.155 (1m) (intro.) of the statutes is amended to read:
SB30,474,114
49.155
(1m) Eligibility. (intro.) Except as provided in
s. 49.155 sub. (3g), the
5department shall determine, contract with a county department or agency to
6determine, or contract with a county department or agency to share determination
7of the eligibility of individuals residing in a particular geographic region or who are
8members of a particular Indian tribal unit for child care subsidies under this section.
9Under this section,
and subject to sub. (2), an individual may receive a subsidy for
10child care for a child who has not attained the age of 13 or, if the child is disabled, who
11has not attained the age of 19, if the individual meets all of the following conditions:
SB30,856
12Section 856
. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
SB30,474,2413
49.155
(1m) (a) (intro.)
The
Subject to sub. (2), the individual is a parent of a
14child who meets the requirement under s. 49.145 (2) (c) and who is under the age of
1513 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57
16(3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the
17requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is
18disabled, is under the age of 19; and child care services for that child are needed in
19order for the individual to
do participate in an approved activity. An individual who
20is eligible to receive a child care subsidy under this subsection shall remain eligible
21for that subsidy for a period of 3 months after the individual permanently ceases
22participation in the approved activity or until the department or the county
23department or agency redetermines the individual's eligibility, whichever is earlier.
24In this paragraph, “approved activity” means any of the following:
SB30,857
25Section 857
. 49.155 (1m) (a) 1. of the statutes is amended to read:
SB30,475,2
149.155
(1m) (a) 1.
Meet
Meeting the school attendance requirement under s.
249.26 (1) (ge).
SB30,858
3Section 858
. 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:
SB30,475,94
49.155
(1m) (a) 1m. (intro.)
Obtain Obtaining a high school diploma or
5participate participating in a course of study meeting the standards established by
6the state superintendent of public instruction for the granting of a declaration of
7equivalency of high school graduation, if the individual is not subject to the school
8attendance requirement under s. 49.26 (1) (ge) and at least one of the following
9conditions is met:
SB30,859
10Section 859
. 49.155 (1m) (a) 2. of the statutes is amended to read:
SB30,475,1211
49.155
(1m) (a) 2.
Work Working in an unsubsidized job, including training
12provided by an employer during the regular hours of employment.
SB30,860
13Section 860
. 49.155 (1m) (a) 3. of the statutes is amended to read:
SB30,475,1714
49.155
(1m) (a) 3.
Work Working in a Wisconsin works employment position,
15including participation in job search, orientation
, and training activities under s.
1649.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am)
, 17or (5) (bm).
SB30,861
18Section 861
. 49.155 (1m) (a) 3m. of the statutes is amended to read:
SB30,475,2119
49.155
(1m) (a) 3m.
Participate
Participating in a
job search or work
20experience component of the food stamp employment and training program under
21s. 49.79 (9).
SB30,862
22Section 862
. 49.155 (1m) (a) 3r. of the statutes is amended to read:
SB30,475,2423
49.155
(1m) (a) 3r.
Participate
Participating in the Transform Milwaukee Jobs
24program, or the Transitional Jobs program, under s. 49.163.
SB30,863
25Section 863
. 49.155 (1m) (a) 4. of the statutes is amended to read:
SB30,476,7
149.155
(1m) (a) 4.
Participate Participating in basic education, including an
2English as a 2nd language course; literacy tutoring; or a course of study meeting the
3standards established by the state superintendent of public instruction under s.
4115.29 (4) for the granting of a declaration of equivalency of high school graduation,
5if the department or the county department or agency determining eligibility
6determines that basic education would facilitate the individual's efforts to maintain
7employment. An individual may receive aid under this subdivision for up to 2 years.
SB30,864
8Section 864
. 49.155 (1m) (a) 5. of the statutes is amended to read:
SB30,476,149
49.155
(1m) (a) 5.
Participate
Participating in a course of study at a technical
10college, or
participate participating in educational courses that provide an
11employment skill, as determined by the department, if the department or the county
12department or agency determining eligibility determines that the course or courses
13would facilitate the individual's efforts to maintain employment. An individual may
14receive aid under this subdivision for up to 2 years.
SB30,865
15Section 865
. 49.155 (1m) (a) 6. of the statutes is created to read:
SB30,476,1716
49.155
(1m) (a) 6. Taking a temporary break from an authorized activity
17specified in subds. 1. to 5.
SB30,866
18Section 866
. 49.155 (1m) (br) of the statutes is created to read:
SB30,476,2119
49.155
(1m) (br) The child is immunized as required under s. 252.04.
20Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization
21requirement may only be waived for reasons of health or religion.
SB30,867
22Section 867
. 49.155 (1m) (c) 1. of the statutes is amended to read:
SB30,477,923
49.155
(1m) (c) 1. Except as provided in subds.
1d., 1g., 1h., 1m., 2., and 3., the
24gross income of the individual's family is at or below 185 percent of the poverty line
25for a family the size of the individual's family or, for an individual who is already
1receiving a child care subsidy under this section, the gross income of the individual's
2family is at or below 200 percent of the poverty line for a family the size of the
3individual's family. In calculating the gross income of the family, the department or
4county department or agency determining eligibility shall include court-ordered
5child or family support payments received by the individual, if those support
6payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1.
7and 3., except that, in calculating farm and self-employment income, the
8department or county department or agency determining eligibility shall include the
9sum of the following:
SB30,868
10Section 868
. 49.155 (1m) (c) 1d. of the statutes is created to read:
SB30,477,1611
49.155
(1m) (c) 1d. Notwithstanding sub. (5) (b), if the individual is already
12receiving a child care subsidy under this section and the gross income of the
13individual's family exceeds 200 percent of the poverty line for a family the size of the
14individual's family, the individual's copayment amount under sub. (5) increases by
15$1 for every $3 by which the individual's family's gross income exceeds 200 percent
16of the poverty line for a family the size of the individual's family.
SB30,869
17Section 869
. 49.155 (1m) (cm) of the statutes is created to read:
SB30,477,1918
49.155
(1m) (cm) The total liquid assets of the individual's family do not exceed
19$25,000. This paragraph does not apply if the individual is any of the following:
SB30,477,2020
1. A foster parent of the child.
SB30,477,2121
2. A subsidized guardian or interim caretaker of the child under s. 48.623.
SB30,477,2322
3. A relative of the child who is providing care for the child under a court order
23and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.
SB30,870
24Section 870
. 49.155 (2) of the statutes is created to read:
SB30,478,5
149.155
(2) Eligibility based on the child's age. Notwithstanding sub. (1m)
2(intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy
3for a child who attains the age of 13 or, if the child is disabled, attains the age of 19
4until the department or the county department or agency redetermines the
5individual's eligibility.
SB30,871
6Section 871
. 49.155 (4) (a) of the statutes is amended to read:
SB30,478,117
49.155
(4) (a) An eligible individual shall choose whether the child care will be
8provided by a child care center licensed under s. 48.65, a Level I certified family child
9care provider
certified under s. 48.651 (1) (a), a Level II certified family child care
10provider
certified under s. 48.651 (1) (b), or a child care program provided or
11contracted for by a school board under s. 120.13 (14).
SB30,872
12Section 872
. 49.155 (6) (b) of the statutes is amended to read:
SB30,478,1613
49.155
(6) (b) The department shall set maximum payment rates for Level I
14certified family child care providers
certified under s. 48.651 (1) (a) for services
15provided to eligible individuals under this section. The maximum rates set under
16this paragraph may not exceed 75 percent of the rates established under par. (a).
SB30,873
17Section 873
. 49.155 (6) (d) of the statutes is amended to read:
SB30,478,2218
49.155
(6) (d) The department may promulgate rules to establish a system of
19rates or a program of grants for child care providers that meet the higher quality of
20care standards established by rules promulgated under sub. (1d)
(b). If a system of
21rates is established under this paragraph, the rates under that system shall be
22higher than the rates established under pars. (a) to (c).
SB30,874
23Section 874
. 49.155 (6g) (a) 5. of the statutes is created to read:
SB30,479,324
49.155
(6g) (a) 5. The department shall take into consideration child learning
25and development and shall promote continuity of care when authorizing hours of
1child care. The department is not required to limit authorized hours based on the
2individual's schedule of activities under sub. (1m) (a) or the number of hours the
3individual spends in those activities.
SB30,875
4Section 875
. 49.155 (6g) (b) 4. of the statutes is created to read:
SB30,479,65
49.155
(6g) (b) 4. Any reduction in hours due to a temporary break from an
6authorized activity.
SB30,876
7Section 876
. 49.155 (7) (a) 1. of the statutes is amended to read:
SB30,479,178
49.155
(7) (a) 1. If a child care provider is convicted of a serious crime, as defined
9in s.
48.685 48.686 (1) (c)
3m., or if a caregiver specified in s.
48.685
48.686 (1) (ag)
101. a. or a nonclient resident, as defined in s.
48.685 48.686 (1) (bm), of the child care
11provider is convicted or adjudicated delinquent for committing a serious crime on or
12after his or her
12th 10th birthday
or if the department provides written notice under
13s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible
14for certification, employment, or residence at the child care provider, the department
15or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow
16payment to the child care provider for any child care provided under this section
17beginning on the date of the conviction or delinquency adjudication.
SB30,877
18Section 877
. 49.155 (7) (a) 2. of the statutes is amended to read:
SB30,480,419
49.155
(7) (a) 2. If a child care provider is the subject of a pending criminal
20charge alleging that the person has committed a serious crime, as defined in s.
48.685 2148.686 (1) (c)
3m., or if a caregiver specified in s.
48.685 48.686 (1) (ag) 1.
a. or a
22nonclient resident, as defined in s.
48.685 48.686 (1) (bm), of the child care provider
23is the subject of a pending criminal charge or delinquency petition alleging that the
24person has committed a serious crime on or after his or her
12th 10th birthday, the
25department or the county department under s. 46.215, 46.22, or 46.23 shall
1immediately suspend payment to the child care provider for any child care provided
2under this section until the department obtains information regarding the final
3disposition of the charge or delinquency petition indicating that the person is not
4ineligible to receive such a payment.
SB30,878
5Section 878
. 49.155 (7) (b) (intro.) of the statutes is amended to read:
SB30,480,106
49.155
(7) (b) (intro.) The department or the county department under s.
746.215, 46.22, or 46.23 may refuse to allow payment to a child care provider for child
8care provided under this section if any of the following applies to the child care
9provider or to a caregiver specified in s.
48.685
48.686 (1) (ag) 1. a. or nonclient
10resident, as defined in s.
48.685 48.686 (1) (bm), of the child care provider:
SB30,879
11Section 879
. 49.155 (7) (b) 1. of the statutes is amended to read:
SB30,480,1812
49.155
(7) (b) 1. The person has been convicted of or adjudicated delinquent on
13or after his or her
12th 10th birthday for committing an offense that is not a serious
14crime, as defined in s.
48.685 48.686 (1) (c)
3m., but the department
, county
15department, agency contracted with under s. 48.651 (2), or school board determines
16under s.
48.685 48.686 (5m) that the offense substantially relates to the care of
17children or the department
or county department determines that the offense
18substantially relates to the operation of a business.
SB30,880
19Section 880
. 49.155 (7) (b) 2. of the statutes is amended to read:
SB30,480,2420
49.155
(7) (b) 2. The person is a caregiver specified in s.
48.685 48.686 (1) (ag)
211.
a. or a nonclient resident, as defined in s.
48.685 48.686 (1) (bm), and is the subject
22of a pending criminal charge that the department, county department, agency
23contracted with under s. 48.651 (2), or school board determines substantially relates
24to the care of children.
SB30,881
25Section 881
. 49.162 (1) (bg) of the statutes is created to read:
SB30,481,3
149.162
(1) (bg) “Controlled substance abuse screening” means a questionnaire,
2a criminal background check, or any other controlled substance abuse screening
3mechanism identified by the department by rule.
SB30,882
4Section 882
. 49.162 (1) (bm) of the statutes is created to read:
SB30,481,55
49.162
(1) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).
SB30,883
6Section 883
. 49.162 (1) (br) of the statutes is created to read:
SB30,481,97
49.162
(1) (br) “Group member” means an adult member of an individual's
8Wisconsin Works group whose income or assets are included in determining the
9individual's eligibility for a program.
SB30,884
10Section 884
. 49.162 (1) (c) 4. of the statutes is created to read:
SB30,481,1111
49.162
(1) (c) 4. A Wisconsin Works employment position.
SB30,885
12Section 885
. 49.162 (1) (e) of the statutes is created to read:
SB30,481,1313
49.162
(1) (e) “Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
SB30,886
14Section 886
. 49.162 (1) (f) of the statutes is created to read:
SB30,481,1615
49.162
(1) (f) “Wisconsin Works employment position" has the meaning given
16in s. 49.141 (1) (r).
SB30,887
17Section 887
. 49.162 (1) (g) of the statutes is created to read:
SB30,481,1918
49.162
(1) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1)
19(s).
SB30,888
20Section 888
. 49.162 (2) of the statutes is renumbered 49.162 (2) (a) and
21amended to read:
SB30,482,922
49.162
(2) (a)
Beginning on the effective date of the rules promulgated under
23sub. (7), or on the effective date of the emergency rules promulgated under 2015
24Wisconsin Act 55, section 9106 (2c), whichever is earlier, Except as provided in sub.
25(2m), in order to participate in a program, an individual who applies to participate
1in a program or who registers for a program under sub. (1) (c) 3.
, and, with respect
2to an individual applying for a program under sub. (1) (c) 4., all of the individual's
3group members shall complete
a controlled substance abuse screening
4questionnaire. If, on the basis of
answers to the questionnaire the screening results,
5the administering agency determines that there is a reasonable suspicion that an
6individual who is otherwise eligible for a program
or any of the individual's group
7members is abusing a controlled substance, the administering agency shall require
8the individual
or group member to undergo a test for the use of a controlled
9substance.
If
SB30,482,13
10(b) Except as provided in sub. (4m), if the individual
or group member refuses
11to submit to a test
under par. (a), the individual is not eligible to participate in a
12program until the individual
or group member complies with the requirement to
13undergo a test for the use of a controlled substance.
SB30,889
14Section 889
. 49.162 (2m) of the statutes is created to read:
SB30,482,1615
49.162
(2m) (a) The screening and testing requirements under sub. (2) do not
16apply to an individual if the individual is any of the following:
SB30,482,1717
1. A custodial parent of a child who is 8 weeks old or less.
SB30,482,1918
2. A woman who is in a pregnancy that is medically verified and that is shown
19by medical documentation to be at risk.
SB30,482,2220
3. A participant in a Wisconsin Works employment position who moves to an
21unsubsidized employment position and receives case management services under s.
2249.1475.
SB30,482,2323
4. A dependent child.
SB30,482,2524
(b) The screening and testing requirements under sub. (2) do not apply to a
25group member if the group member is any of the following:
SB30,483,1
11. A custodial parent of a child who is 8 weeks old or less.
SB30,483,32
2. A woman who is in a pregnancy that is medically verified and that is shown
3by medical documentation to be at risk.
SB30,483,54
3. Specified as exempt from the screening and testing requirements by
5department rule.
SB30,890
6Section 890
. 49.162 (3) of the statutes is amended to read:
SB30,483,137
49.162
(3) If an individual
or group member who undergoes a test under sub.
8(2) tests negative for the use of a controlled substance, or tests positive for the use
9of a controlled substance but presents evidence satisfactory to the administering
10agency that the individual
or group member possesses a valid prescription for each
11controlled substance for which the individual
or group member tests positive, the
12individual
or group member will have satisfactorily completed the substance abuse
13testing requirements under this section.
SB30,891
14Section 891
. 49.162 (4) (a) of the statutes is amended to read:
SB30,483,2215
49.162
(4) (a) If an individual
or group member who undergoes a test under sub.
16(2) tests positive for the use of a controlled substance without presenting evidence
17of a valid prescription as described in sub. (3), the administering agency shall require
18the individual
or group member to participate in substance abuse treatment to
19remain eligible to participate in a program. If the individual
or group member 20refuses to participate in substance abuse treatment, the individual is not eligible to
21participate in a program until the individual
or group member complies with the
22requirement to participate in substance abuse treatment.
SB30,892
23Section 892
. 49.162 (4) (b) of the statutes is amended to read: