16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services under s. 49.143, if the department of health and social services presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.
289,5
Section 5
. 16.75 (6) (bm) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services industry, labor and job development under s. 49.143, if the department of health and social services industry, labor and job development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.
289,6
Section 6
. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:
16.841 (1) (intro.) In this section, “agency":
(a) “Agency" has the meaning given in s. 16.70 (1).
289,7
Section
7. 16.841 (1) (b) of the statutes is created to read:
16.841 (1) (b) “Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).
289,8
Section 8
. 16.841 (2) of the statutes is amended to read:
16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.
289,10
Section 10
. 20.435 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27,
section 808, is amended to read:
20.435 (1) (b) Medical assistance program benefits. Biennially, the amounts in the schedule to provide the state share of medical assistance program benefits administered under s. 49.45, to provide medical assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to provide health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9) and (10). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation and may transfer between fiscal years funds that it transfers from the appropriation under sub. (3) (kb) for the purposes specified in s. 46.485 (3r).
289,11
Section 11
. 20.435 (1) (bm) of the statutes is amended to read:
20.435 (1) (bm) Medical assistance administration. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance program under s. 49.45 and health care coverage under s. 49.153 and to reimburse insurers for their costs under s. 49.475. No state positions may be funded in the department of health and social services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance program between the subunit of the department primarily responsible for administering the medical assistance program and another subunit of the department.
289,12
Section 12
. 20.435 (1) (o) of the statutes is amended to read:
20.435 (1) (o) Federal aid; medical assistance. All federal moneys received for meeting costs of medical assistance administered under s. 49.45 and for meeting the costs of health care coverage under s. 49.153.
289,15c
Section 15c. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed and recreated to read:
20.435 (4) (d) Income maintenance payments to individuals. Biennially, the amounts in the schedule to provide state aid for county administered public assistance programs under s. 49.52 and to provide reimbursement to counties for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62. Total payments under this paragraph to a county for the reimbursement of nonlegally responsible relative foster care costs incurred in a calendar year may not exceed the amount for which the county was reimbursed under this paragraph for nonlegally responsible relative foster care costs incurred in 1994. Disbursements for public assistance may be made directly from this appropriation including the state and county share under s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a) shall be returned to this appropriation. The receipt of the counties' payments for their share under s. 46.03 (20) shall be returned to this appropriation.
289,21b
Section 21b. 20.445 (1) (gd) of the statutes is amended to read:
20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22 and assessments under s. 108.19 (1m), all moneys not appropriated under par. (ge) and (gf) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for the cost of administration of s. 108.16 (11) and for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.
289,21c
Section 21c. 20.445 (1) (gg) of the statutes is created to read:
20.445 (1) (gg) Earned income tax credits. A sum sufficient to pay estimated earned income tax credits lawfully claimed under s. 108.16 (11).
289,21d
Section 21d. 20.445 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 849, is repealed and recreated to read:
20.445 (3) (d) Income maintenance payments to individuals. Biennially, the amounts in the schedule to provide state aid for county administered public assistance programs for which reimbursement is provided under s. 49.33 (9) and for kinship care under s. 48.57 (3m) and to provide reimbursement to counties for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62. Total payments under this paragraph to a county for the reimbursement of nonlegally responsible relative foster care costs incurred in a calendar year may not exceed the amount for which the county was reimbursed under this paragraph for nonlegally responsible relative foster care costs incurred in 1994. Disbursements for public assistance may be made directly from this appropriation including the state and county share under s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a) shall be returned to this appropriation. The receipt of the counties' payments for their share under s. 46.03 (20) shall be returned to this appropriation.
289,21f
Section 21f. 20.445 (3) (dy) of the statutes is created to read:
20.445 (3) (dy) Kinship and foster care assessments. The amounts in the schedule for foster care assessments and for kinship care assessments under s. 48.57 (3m).
289,21h
Section 21h. 20.445 (3) (dz) of the statutes is created to read:
20.445 (3) (dz) Wisconsin works administration and benefits. The amounts in the schedule for administration and benefit payments under Wisconsin works under ss. 49.141 to 49.161.
289,21m
Section 21m. 20.445 (3) (e) of the statutes is created to read:
20.445 (3) (e) Job access loans. Biennially, the amounts in the schedule for job access loans under s. 49.147 (6).
289,21r
Section 21r. 20.445 (3) (em) of the statutes is created to read:
20.445 (3) (em) Employment skills advancement program. The amounts in the schedule for the employment skills advancement program under s. 49.185.
289,22
Section 22
. 20.445 (3) (jm) of the statutes is created to read:
20.445 (3) (jm) Wisconsin works fees. The amounts in the schedule for administration and benefit payments under Wisconsin works under ss. 49.141 to 49.161. All moneys received from fees and other payments under ss. 49.141 to 49.161 shall be credited to this appropriation.
289,23
Section 23
. 20.445 (3) (L) of the statutes, as affected by 1995 Wisconsin Act 27, section 878, is amended to read:
20.445 (3) (L) Welfare fraud and error reduction; state operations. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), the amounts in the schedule for the department's activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance programs.
289,24
Section 24
. 20.445 (3) (Lm) of the statutes, as affected by 1995 Wisconsin Act 27, section 880, is amended to read:
20.445 (3) (Lm) Welfare fraud and error reduction; local assistance. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), all moneys not appropriated under par. (L) for county and tribal activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance program.
289,24d
Section 24d. 20.445 (3) (my) of the statutes is created to read:
20.445 (3) (my) Federal program assistance. All moneys received from the federal government or any of its agencies for foster care and kinship care investigations and assessments, for the purposes for which received.
289,25
Section 25
. 40.51 (8) of the statutes is amended to read:
40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.745 (1) to (3) and (5), 632.747, 632.87 (3) to (5), 632.895 (5m) and (8) to (10) and 632.896.
289,26
Section 26
. 40.51 (8m) of the statutes is created to read:
40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.745 (1) to (3) and (5) and 632.747.
289,27
Section
27. 46.03 (21) of the statutes is amended to read:
46.03 (21) Day care standards. Promulgate rules establishing standards for the certification of day care providers under s. 48.651. The standards established under this subsection shall be less restrictive than those for day care providers licensed under s. 48.65 and shall be in accordance with s. 48.651. The standards established under this subsection shall clearly differentiate the 2 levels of certified family day care specified under s. 48.651 and shall clearly differentiate the 2 levels of certified family day care from any levels of licensed day care established under s. 48.67.
289,30
Section 30
. 46.215 (1) (k) of the statutes is amended to read:
46.215 (1) (k) To Except as provided under sub. (1g), certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.
289,30g
Section 30g. 46.215 (1g) of the statutes is created to read:
46.215 (1g) Administration of food stamps for participants in Wisconsin works. The Wisconsin works agency, as defined in s. 49.001 (9), shall certify eligibility for and distribute food coupons under s. 49.143 (2) (e) to eligible participants in the Wisconsin works program under subch. III of ch. 49.
289,31
Section 31
. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
46.22 (1) (b) 2. a. To administer aid to families with dependent children under s. 49.19. This subdivision paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).
289,32
Section 32
. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
46.22 (1) (b) 2. d. To Except as provided in sub. (1g), to certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029.
289,32m
Section 32m. 46.22 (1g) of the statutes is created to read:
46.22 (1g) Administration of food stamps for participants in Wisconsin works. The Wisconsin works agency, as defined in s. 49.001 (9), shall certify eligibility for and distribute food coupons under s. 49.143 (2) (e) to eligible participants in the Wisconsin works program under subch. III of ch. 49.
289,33
Section 33
. 46.25 (6) of the statutes is amended to read:
46.25 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.
289,34
Section 34
. 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.25 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent 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. 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 or a recipient of kinship care payments under s. 48.57 (3m).
289,36
Section 36
. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2158b, is amended to read:
46.258 (1) From the appropriation under s. 20.435 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
289,37
Section 37
. 46.258 (2) (a) 1. of the statutes is amended to read:
46.258 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 46.261 or 49.19 as well as for persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 46.261 or 49.19.
289,37m
Section 37m. 46.261 of the statutes is created to read:
46.261 Foster care aid. (1) Definition. In this section, “dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who meets all of the following conditions:
(a) The child is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department under s. 46.215, 46.22 or 46.23.
(b) The child would qualify for aid under s. 49.19, 1993 stats.
(2) Aid payments. (a) A county department under s. 46.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the following:
1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
2. A county, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), 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 such child is placed in a licensed child caring institution by the county department. Reimbursement shall be made by the state pursuant to subd. 1.
3. A county, when the child is placed in a licensed foster home, treatment foster home, group home or child caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body 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 if the child was removed from the home of a relative, as defined under s. 48.02 (15), 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 pursuant to an agreement with the county department.
4. A foster home or treatment foster home, a group home licensed under s. 48.625 or a child caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), 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 and the child is placed by the department.
(b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child caring institution by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.
(3) Assignment of support. When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party.
289,43m
Section 43m. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid on whose behalf aid is received under s. 49.19
46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
289,45
Section 45
. 46.979 (1) of the statutes is amended to read:
46.979 (1) In this section, “child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).
289,45m
Section 45m. 46.98 (1) (at) of the statutes is created to read:
46.98 (1) (at) “Educational program" means high school or a high school equivalency program or a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
289,50
Section 50
. 46.98 (1) (b) of the statutes is amended to read:
46.98 (1) (b) “Gainfully employed" means working, or seeking employment or participating in a training or educational program designed to lead directly to paid employment.
289,51
Section 51
. 46.98 (1) (bd) and (bf) of the statutes are created to read:
46.98 (1) (bd) “Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a).
(bf) “Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b).
289,51c
Section 51c. 46.98 (1) (cm) of the statutes is created to read:
46.98 (1) (cm) “Poverty line" has the meaning given in s. 46.30 (1) (c).
