1997 Wisconsin Act 252

252,40 Section 40 . The treatment of 46.495 (1) (d) of the statutes by 1997 Wisconsin Act 3, section 80, is not repealed by 1997 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance.

252,41 Section 41 . 48.299 (5) of the statutes is amended to read:

48.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 48.209 (1) (e) or 48.21 (1) may be held on the record by telephone or live audio-visual audiovisual means or testimony may be received by telephone or live audio-visual audiovisual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual audiovisual means may be made by telephone.

Note: Corrects spelling.

252,42 Section 42 . 48.30 (10) of the statutes is amended to read:

48.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,43 Section 43 . 48.335 (4) of the statutes is amended to read:

48.335 (4) At hearing hearings under this section, s. 48.357, 48.363 or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

Note: Corrects spelling.

252,44 Section 44 . 48.396 (2) (ag) of the statutes is amended to read:

48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian or, legal custodian or child would result in imminent danger to anyone.

Note: Supplies omitted term. 1995 Wis. Act 352 amended this provision by inserting “anyone" as the last word, replacing “the child". The purpose of the change was to provide that inspection under this provision was not to be allowed where injury to anyone would result from inspection by anyone with inspection rights. The insertion of “child" is necessary to provide that harm from inspection by anyone with inspection rights can be prevented.

252,45 Section 45 . 48.396 (2) (am) of the statutes is amended to read:

48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

Note: The 2nd clause of this provision provides for inspection of records upon written approval of the child, but the first clause does not authorize the child to give written permission. Language identical to that used in s. 48.396 (1m) and in s. 48.396 (1d) to grant the right to give written permission in related circumstances is inserted here.

252,46 Section 46 . 48.46 (1) of the statutes, as affected by 1997 Wisconsin Acts 104 and 114, is amended to read:

48.46 (1) Except as provided in subs. (1m) and, (2) and (3), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

Note: Replaces “and" with comma to reconcile the treatments of this provision by 1997 Wis. Acts 104 and 114.

252,47 Section 47 . The treatment of 48.57 (3m) (am) 4. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,48 Section 48 . The treatment of 48.57 (3m) (b) 1. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,49 Section 49 . The treatment of 48.57 (3m) (d) of the statutes by 1997 Wisconsin Act 3, section 95, is not repealed by 1997 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance.

252,50 Section 50 . 48.57 (3p) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1624, and 1997 Wisconsin Act 36, is amended to read:

48.57 (3p) (g) (intro.) Except as provided in The par. (h), the county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

Note: Reinserts language deleted by 1997 Wis. Act 36 and deletes language inserted by 1997 Wis. Act 36 as required to effectuate the amendment of this provision by 1997 Wis. Act 27, section 1624.

252,51 Section 51 . 48.57 (3p) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1624d, and 1997 Wisconsin Act 36, is repealed and recreated to read:

48.57 (3p) (g) (intro.) A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

Note: Recreates this provision as repealed and recreated by 1997 Wis. Act 27, section 1624d, to clarify that no change to the treatment of this provision by 1997 Wis. Act 27, section 1624d, was intended to be made by 1997 Wis. Act 36.

252,52 Section 52 . The treatment of 48.57 (3p) (g) 3. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,53 Section 53 . 48.57 (3p) (h) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

Note: 1997 Wis. Act 27, section 9423 (10f), provides that the repeal of s. 48.57 (3p) (h) takes effect on the day after publication of the 2001-03 biennial budget. Act 27 does not contain a provision repealing s. 48.57 (3p) (h). Drafting records show that the repeal was intended.

252,54 Section 54 . 48.651 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1653, is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and s. 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:

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,55 Section 55 . 48.651 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1653g, is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under ss. 49.132 (2r) and (4) and s. 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. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified in this section. The county shall certify the following categories of day care providers:

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,56 Section 56 . 48.93 (1d) of the statutes, as affected by 1997 Wisconsin Acts 27 and 104, is amended to read:

48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g) or (1r), s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9., or 48.57 (1) (j) or 48.434, or by order of the court for good cause shown.

Note: Places cities in numerical order.

252,57 Section 57 . 48.982 (2) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

48.982 (2) (g) (intro.) In coordination with the departments of health and social family services and public instruction:

Note: 1997 Wis. Act 27 inserted “social" without showing it as underscored and deleted “family" without showing it as stricken. No change was intended.

252,58 Section 58 . Section 49.131 (title) of the statutes is repealed.

Note: The remainder of s. 49.131 was repealed or renumbered by 1997 Wis. Act 27.

252,59 Section 59 . 49.132 of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is repealed.

Note: By the terms of s. 49.132 (6) this section does not apply after November 1, 1997.

252,60 Section 60 . 49.133 (intro.) of the statutes 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. 49.132, 1995 stats., 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:

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,61 Section 61 . 49.137 (3) (c) of the statutes is 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. 49.132 (4) (e), 1995 stats., within 24 months after receipt of the grant.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,62 Section 62 . 49.137 (4) (a) and (c) of the statutes are 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. 49.132 (4) (e), 1995 stats.

(c) Disseminating to the public information about child care that meets the quality of care standards established under s. 49.132 (4) (e), 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,63 Section 63 . 49.155 (1m) (c) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

49.155 (1m) (c) 1m. The individual was eligible under s. 49.132 (4) (a), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), 1995 stats., and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,64 Section 64 . 49.155 (1m) (c) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

49.155 (1m) (c) 2. The individual was eligible under s. 49.132 (4) (am), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,65 Section 65 . 49.175 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, section 1857q, is amended to read:

49.175 (1) (b) 1. Except as provided in subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $155,678,000 $158,678,000 in fiscal year 1998-99.

Note: 1997 Wis. Act 27, section 1857q, inserted “$155,678,000" without showing it as underscored and deleted “$158,678,000" without showing it as stricken. Drafting records indicate that no change was intended.

252,66 Section 66 . The treatment of 49.19 (11s) (d) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,67 Section 67 . 49.191 (2) of the statutes 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. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this subsection that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. 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).

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,68 Section 68 . 49.193 (4) (j) 4. of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1997.

252,69 Section 69 . 49.193 (8) (a) of the statutes 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. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care meets the quality standards established under s. 49.132 (4) (e), 1995 stats., 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. 49.132 (4) (e), 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,70 Section 70 . 49.27 (6) (c) of the statutes is amended to read:

49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 49.132 (4) (d), s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,71 Section 71 . 49.27 (10) (c) of the statutes is amended to read:

49.27 (10) (c) Children's services network. Each county department under s. 46.215, 46.22 or 46.23 entering into a contract with the department under par. (a) shall establish a children's services network. The children's services network shall provide information about community resources available to the children in a work-not-welfare group during the work-not-welfare group's benefit period and the work-not-welfare group's period of ineligibility under sub. (4) (f), including charitable food and clothing centers; the state supplemental food program for women, infants and children under s. 253.06; and child care programs under s. 49.132, 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,72 Section 72 . The treatment of 49.32 (9) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.