1995 Wisconsin Act 404

404,116 Section 116 . 46.98 (4g) (title) of the statutes is repealed.

404,117 Section 117 . 46.98 (4g) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

404,118 Section 118. 46.98 (4g) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.

404,119 Section 119 . 46.98 (4g) (c) and (d) of the statutes are repealed.

404,120 Section 120 . 46.98 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.132 (5).

404,121 Section 121 . 46.98 (6) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (6).

404,122 Section 122 . 46.982 of the statutes is renumbered 49.133, and 49.133 (intro.), as renumbered, is amended to read:

49.133 Refusal to pay child care providers. (intro.) The department or a county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under s. 46.98 49.132 or any other program if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:

404,123 Section 123 . 46.984 (title) of the statutes is renumbered 49.134 (title).

404,124 Section 124 . 46.984 (1) of the statutes is renumbered 49.134 (1).

404,125 Section 125 . 46.984 (2) (title) of the statutes is renumbered 49.134 (2) (title).

404,126 Section 126 . 46.984 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (2) (a) and amended to read:

49.134 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 2., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

404,127 Section 127 . 46.984 (2) (c) and (d) and (3) of the statutes are renumbered 49.134 (2) (c) and (d) and (3).

404,128 Section 128 . 46.984 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (4) (a).

404,129 Section 129 . 46.984 (4) (intro.), (b) and (c) of the statutes are renumbered 49.134 (4) (intro.), (b) and (c).

404,130 Section 130 . 46.986 (title) of the statutes is renumbered 49.136 (title).

404,131 Section 131 . 46.986 (1) (intro.) of the statutes is renumbered 49.136 (1) (intro.).

404,132 Section 132 . 46.986 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (b).

404,133 Section 133 . 46.986 (1) (d), (e), (g), (j) and (k) of the statutes are renumbered 49.136 (1) (d), (e), (g), (j) and (k).

404,134 Section 134 . 46.986 (1) (m) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (m).

404,135 Section 135 . 46.986 (1) (n) of the statutes is renumbered 49.136 (1) (n).

404,136 Section 136 . 46.986 (2) (title) of the statutes is renumbered 49.136 (2) (title).

404,137 Section 137 . 46.986 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.136 (2) (a) and amended to read:

49.136 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 1., the department shall award grants for the start-up or expansion of child care services.

404,138 Section 138 . 46.986 (2) (b) and (cm) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 49.136 (2) (b) and (cm).

404,139 Section 139 . 46.986 (3) (title) of the statutes is repealed.

404,140 Section 140 . 46.986 (6) of the statutes is renumbered 49.136 (6).

404,141 Section 141 . 46.986 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.136 (7).

404,142 Section 142 . 46.987 (title) of the statutes is renumbered 49.137 (title).

404,143 Section 143 . 46.987 (1) (intro.) of the statutes is renumbered 49.137 (1) (intro.).

404,144 Section 144 . 46.987 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.137 (1) (a).

404,145 Section 145 . 46.987 (1) (b) of the statutes is renumbered 49.137 (1) (b) and amended to read:

49.137 (1) (b) “Day care center" has the meaning given in s. 46.986 49.136 (1) (d).

404,146 Section 146 . 46.987 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (1) (c).

404,147 Section 147 . 46.987 (1) (d) of the statutes is renumbered 49.137 (1) (d) and amended to read:

49.137 (1) (d) “Family day care center" has the meaning given in s. 46.986 49.136 (1) (j).

404,148 Section 148 . 46.987 (1) (e) of the statutes is renumbered 49.137 (1) (e) and amended to read:

49.137 (1) (e) “Group day care center" has the meaning given in s. 46.986 49.136 (1) (k).

404,149 Section 149 . 46.987 (2) (title) of the statutes is renumbered 49.137 (2) (title).

404,150 Section 150 . 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.137 (2) (a) and amended to read:

49.137 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 4., the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 49.132 (4) (e) or 49.155 (6) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

404,151 Section 151. 46.987 (2) (b) and (c) of the statutes are renumbered 49.137 (2) (b) and (c).

404,152 Section 152 . 46.987 (3) (title) of the statutes is renumbered 49.137 (3) (title).

404,153 Section 153 . 46.987 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (3) (a) and amended to read:

49.137 (3) (a) From the allocation under s. 46.979 49.131 (2) (c) 3., the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 46.98 49.132 (4) (e).

404,154 Section 154 . 46.987 (3) (b) of the statutes is renumbered 49.137 (3) (b).

404,155 Section 155 . 46.987 (3) (c) of the statutes is renumbered 49.137 (3) (c) and amended to read:

49.137 (3) (c) A child care provider that is awarded a grant under this subsection shall use the grant funds to attempt to meet the quality of care standards established under s. 46.98 49.132 (4) (e) within 24 months after receipt of the grant.

404,156 Section 156 . 46.987 (4) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (4) (intro.) and amended to read:

49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 46.979 49.131 (2) (c) 4., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

404,157 Section 157 . 46.987 (4) (a) of the statutes is renumbered 49.137 (4) (a) and amended to read:

49.137 (4) (a) Developing and recommending to the department a system of higher reimbursement rates or a program of grants for child care providers that meet the quality of care standards established under s. 46.98 49.132 (4) (e).

404,158 Section 158 . 46.987 (4) (b) of the statutes is renumbered 49.137 (4).

404,159 Section 159 . 46.987 (4) (c) of the statutes is renumbered 49.137 (4) (c) and amended to read:

49.137 (4) (c) Disseminating to the public information about child care that meets the quality of care standards established under s. 46.98 49.132 (4) (e).

404,160 Section 160 . 46.987 (4) (d) to (h) and (5) of the statutes are renumbered 49.137 (4) (d) to (h) and (5).

404,161 Section 161 . 46.987 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.137 (6).

404,162 Section 162 . 48.30 (6) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for the child who is held in secure custody and no more than 30 days from the plea hearing for a child who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing.

404,163 Section 163 . 48.31 (7) of the statutes is amended to read:

48.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days from the fact-finding hearing for a child in secure custody and no more than 30 days from the fact-finding hearing for a child not held in secure custody. If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

404,164 Section 164 . 48.357 (5m) of the statutes is amended to read:

48.357 (5m) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

404,165 Section 165 . 48.36 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of industry, labor and job development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

404,166 Section 166 . 48.363 (1) of the statutes, as affected by 1995 Wisconsin Act 275, is amended to read:

48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

404,167 Section 167 . 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, section 73, is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider reimbursed for child care services provided to families determined eligible under ss. 46.98 49.132 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. The county shall certify the following categories of day care providers:

404,168 Section 168 . 49.13 of the statutes is created to read:

49.13 At-risk and low-income child care. Within the limits of available federal funds and the appropriation under s. 20.445 (3) (cp), the department shall distribute under s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.

404,169 Section 169 . 49.131 (4) of the statutes is created to read:

49.131 (4) If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (2) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under sub. (2). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (2), only with the approval of the committee.

404,170 Section 170. 49.191 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

49.191 (1) (b) Within the limits of funds available under ss. 20.435 (3) (jg) and s. 20.445 (3) (cn), (jg) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This 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).

404,171 Section 171 . 49.191 (2) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

49.191 (2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 46.98 49.132 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care services meet the quality standards established under s. 46.98 49.132 (4) (e), the rates for child care services under this subsection that meet those standards shall be determined under s. 46.98 49.132 (4) (e). The department shall promulgate rules for the disbursement of funds under this subsection. This subsection 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).

404,172 Section 172 . 49.193 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

49.193 (8) (a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established under s. 46.98 49.132 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care meets the quality standards established under s. 46.98 49.132 (4) (e), payment or reimbursement for child care that meets those standards shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 49.132 (4) (e).

404,173 Section 173 . 49.22 (7) of the statutes is created to read:

49.22 (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 disbursing funds appropriated under s. 20.445 (3) (p) to carry out a contract under this subsection.

404,174 Section 174 . 49.22 (7) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

49.22 (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) 59.53 (6) (a) pursuant to a contract entered into under s. 59.07 (97) 59.53 (5). 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) 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) (p) to carry out a contract under this subsection.

404,175 Section 175 . 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2896b, is amended to read:

49.25 (8) (a) From the appropriation under s. 20.435 20.445 (3) (cb), the department of health and social services shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

404,176 Section 176 . 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2898b, is amended to read:

49.25 (8) (b) From the appropriation under s. 20.435 20.445 (3) (cb), the department of health and social services shall provide funds to Milwaukee county to fund an additional family court commissioner.

404,177 Section 177 . 49.27 (6) (c) of the statutes, as affected by 1995 Wisconsin Acts 27 and 289, is amended to read: