27,2105
Section 2105
. 46.22 (1) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.22 (1) (e) 3. a. and amended to read:
46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and social services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and social services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 49.52
46.495.
27,2106
Section 2106
. 46.22 (1) (e) 3. b. of the statutes is created to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under subch. III of ch. 49 to be purchased. The department of industry, labor and human relations may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and human relations to submit the contracts to the committee for review and approval. The department of industry, labor and human relations may not make any payments to a county for programs included in the contract that is under review by the committee.
27,2106m
Section 2106m. 46.22 (1) (e) 3. c. of the statutes is created to read:
46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (oo) as appropriate.
27,2107
Section 2107
. 46.22 (2) (b) of the statutes is amended to read:
46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.50 (2) to (5)
49.33 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.
27,2108
Section 2108
. 46.22 (2g) (d) of the statutes is amended to read:
46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49 or s. 301.08 (2), a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49 and a final budget for submission to the department of corrections in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.
27,2109
Section 2109
. 46.22 (3m) (a) of the statutes is amended to read:
46.22 (3m) (a) In any county with a county executive or a county administrator which has established a single-county department of social services, the county executive or county administrator, subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) or ch. 63.
27,2110
Section 2110
. 46.22 (3m) (b) 12. of the statutes is amended to read:
46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and social services, by the department of industry, labor and human relations or by the department of corrections.
27,2111
Section 2111
. 46.22 (3m) (b) 17. b. of the statutes is amended to read:
46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and social services, the secretary of industry, labor and human relations, the secretary of corrections and the county board of supervisors.
27,2112
Section 2112
. 46.23 (2) (a) of the statutes is amended to read:
46.23 (2) (a) “Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, general relief funded by a block grant under ch. 49, income maintenance, probation and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.
27,2113
Section 2113
. 46.23 (3) (a) of the statutes is amended to read:
46.23 (3) (a) Creation. Upon approval by the secretary of health and social services, by the secretary of corrections and by the secretary of industry, labor and human relations of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.
27,2114
Section 2114
. 46.23 (3) (am) 4. of the statutes is amended to read:
46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health and social services, by the secretary of corrections and by the secretary of industry, labor and human relations, setting forth the plan for joint sponsorship.
27,2115
Section 2115
. 46.23 (3) (c) of the statutes is repealed.
27,2116
Section 2116
. 46.23 (3) (e) of the statutes is amended to read:
46.23 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of a county department of human services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.
27,2117
Section 2117
. 46.23 (5) (a) of the statutes is renumbered 46.23 (5) (a) 1. and amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health and social services. Policy decisions, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health and social services may be delegated by the secretary to the county human services board.
27,2118
Section 2118
. 46.23 (5) (a) 2. of the statutes is created to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under subch. III of ch. 49 within limits established by the department of industry, labor and human relations. Policy decisions under subch. III of ch. 49 not reserved by statute for the department of industry, labor and human relations may be delegated by the secretary of industry, labor and human relations to the county human services board.
27,2118m
Section 2118m. 46.23 (5) (a) 3. of the statutes is created to read:
46.23 (5) (a) 3. Shall determine juvenile delinquency-related administrative programs and policies within limits established by the department of corrections. Juvenile delinquency-related policy decisions not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
27,2119
Section 2119
. 46.23 (5) (b) of the statutes is amended to read:
46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and social services, the department of corrections or the department of industry, labor and human relations.
27,2120
Section 2120
. 46.23 (5) (c) of the statutes is renumbered 46.23 (5) (c) 1. and amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
27,2121
Section 2121
. 46.23 (5) (c) 2. of the statutes is created to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
27,2121m
Section 2121m. 46.23 (5) (c) 3. of the statutes is created to read:
46.23 (5) (c) 3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts shall be subject to the conditions specified in s. 301.031.
27,2122
Section 2122
. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 49.52 (1) (d) 46.495 or 51.423 (2), with the approval of the department of health and social services the county human services board may expend these funds consistent with any service provided under s. 49.52 (1) (d)
46.495 or 51.42.
27,2123
Section 2123
. 46.23 (5) (n) 2. of the statutes is created to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under subch. III of ch. 49.
27,2123m
Section 2123m. 46.23 (5) (n) 3. of the statutes is created to read:
46.23 (5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.
27,2124
Section 2124
. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49 and a final budget for submission to the department of corrections in accordance with s. 301.031 for authorized juvenile delinquency-related services.
27,2125
Section 2125
. 46.23 (6) (a) (intro.) of the statutes is amended to read:
46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and social services under this section
for programs, except services or programs under subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of industry, labor and human relations for services or programs under subch. III of ch. 49 and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:
27,2126
Section 2126
. 46.23 (6) (a) 3. of the statutes is amended to read:
46.23 (6) (a) 3. Such other reports as are required by the secretary of health and social services, by the secretary of corrections or by the secretary of industry, labor and human relations and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
27,2127
Section 2127
. 46.23 (6m) (a) of the statutes is amended to read:
46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.
27,2128m
Section 2128m. 46.25 (7) of the statutes is amended to read:
46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and social services, to carry out a contract under this subsection.
27,2129
Section 2129
. 46.25 (7m) of the statutes is amended to read:
46.25 (7m) The department may contract with or employ a collection agency, attorney or other person to enforce a support obligation of a parent residing outside this state, or who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation, or both. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children.
27,2130m
Section 2130m. 46.25 (12) of the statutes is repealed.
27,2134
Section 2134
. 46.25 (14) of the statutes is repealed.
27,2134q
Section 2134q. 46.252 of the statutes is created to read:
46.252 Limitation on giving information. No person may use or disclose information concerning applicants or recipients of child and spousal support and establishment of paternity services under s. 46.25 for any purpose not connected with the administration of the program. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
27,2135
Section 2135
. 46.253 (title) of the statutes is renumbered 49.36 (title).
27,2136
Section 2136
. 46.253 (1) of the statutes is renumbered 49.36 (1).
27,2137
Section 2137
. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended to read:
49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) 20.445 (3) (df).
27,2138
Section 2138
. 46.253 (3) of the statutes is renumbered 49.36 (3).
27,2139
Section 2139
. 46.253 (4) of the statutes is renumbered 49.36 (4).
27,2140
Section 2140
. 46.253 (5) of the statutes is renumbered 49.36 (5).
27,2141
Section 2141
. 46.253 (6) of the statutes is renumbered 49.36 (6).
27,2142
Section
2142. 46.253 (7) of the statutes is renumbered 49.36 (7).
27,2143
Section 2143
. 46.254 (title) of the statutes is renumbered 49.85 (title).
27,2145
Section 2145
. 46.254 (1) of the statutes is amended to read:
46.254 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and social services may recover an amount under s. 49.083, 49.125, 49.195 (3) or 49.497, the county department or governing body shall notify the department of health and social services of the determination.
27,2146
Section 2146
. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (1) and amended to read:
49.85 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and social services may recover an amount under s. 49.125, 49.195 (3) or 49.497
or that the department of industry, labor and human relations may recover an amount under s. 49.125 or 49.195 (3), the county department or governing body shall notify the affected department of health and social services of the determination.
27,2148
Section 2148
. 46.254 (2) of the statutes is amended to read:
46.254 (2) Department certification. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined that it may recover under ss. 49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.
27,2149
Section 2149
. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (2) (a) and amended to read:
49.85 (2) (a) At least annually, the department of health and social services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department of health and social services has determined that it may recover under ss. 49.125, 49.195 (3) and
s. 49.497, except that the department of health and social services may not certify an amount under this subsection unless the department it has met the notice requirements under sub. (3) and unless the department's its determination has either not been appealed or is no longer under appeal.
27,2150
Section 2150
. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a) (intro.) and amended to read:
49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom the that department intends to recover the amount. The notice shall do all of the following:
27,2152
Section 2152
. 46.254 (3) (a) of the statutes is amended to read:
46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
27,2153
Section 2153
. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
27,2154
Section 2154
. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:
49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
3. Inform the person that, if the department's determination of the department of health and social services is appealed, the that department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.
4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
