49.1635
(1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s.
20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.
20,1435
Section
1435. 49.175 (1) (intro.) of the statutes is amended to read:
49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:
20,1436
Section
1436. 49.175 (1) (a) of the statutes is amended to read:
49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $59,184,700 $44,068,500 in fiscal year 2005-06 2007-08 and $51,930,000 $43,392,200 in fiscal year 2006-07 2008-09.
20,1437
Section
1437. 49.175 (1) (b) of the statutes is amended to read:
49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $18,999,900 $10,701,100 in fiscal year 2005-06 2007-08 and
$16,834,100 $10,701,100 in fiscal year 2006-07
2008-09.
20,1438
Section
1438. 49.175 (1) (c) of the statutes is repealed.
20,1439
Section
1439. 49.175 (1) (f) of the statutes is amended to read:
49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $49,534,800 $38,471,500 in fiscal year 2005-06
2007-08 and $43,463,000 $38,471,500 in fiscal year 2006-07 2008-09.
20,1440
Section
1440. 49.175 (1) (g) of the statutes is amended to read:
49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $16,060,000 $16,670,100 in each fiscal year 2007-08 and $16,868,500 in fiscal year 2008-09.
20,1441
Section
1441. 49.175 (1) (i) of the statutes is amended to read:
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $4,500,000 $6,000,000 in each fiscal year.
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $310,332,100 $340,601,800 in fiscal year 2005-06
2007-08 and $343,432,100 $355,352,000 in fiscal year 2006-07 2008-09.
20,1443c
Section 1443c. 49.175 (1) (q) of the statutes is amended to read:
49.175 (1) (q) Indirect child
Child care services state administration. For indirect administration of child care services under s. 49.155 (1g), $9,926,700 (b), $1,765,600 in fiscal year 2005-06 2007-08 and
$9,929,000 $1,600,300 in fiscal year 2006-07
2008-09.
20,1444
Section
1444. 49.175 (1) (qm) of the statutes is amended to read:
49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (d), $3,378,500 (a), $5,311,000 in each fiscal year.
20,1444c
Section 1444c. 49.175 (1) (qs) of the statutes is created to read:
49.175 (1) (qs) Child care licensing. For child care licensing, at least $4,800,600 in each fiscal year.
20,1445
Section
1445. 49.175 (1) (r) of the statutes is repealed.
20,1447b
Section 1447b. 49.175 (1) (z) of the statutes is amended to read:
49.175
(1) (z)
Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under
42 USC 601 et seq.,
$300,000 $350,000 in each fiscal year.
20,1448
Section
1448. 49.175 (1) (ze) (title) of the statutes is amended to read:
49.175 (1) (ze) (title) Programs administered by the department of health and family services relating to children and families.
20,1449
Section
1449. 49.175 (1) (ze) 1. of the statutes is amended to read:
49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,034,200 in fiscal year 2005-06 and $22,686,300 $23,579,800 in each fiscal year 2006-07.
20,1450
Section
1450. 49.175 (1) (ze) 2. of the statutes is amended to read:
49.175 (1) (ze) 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,444,000 $30,094,700 in fiscal year 2005-06
2007-08 and $30,394,000 $30,094,700 in fiscal year 2006-07 2008-09.
20,1451
Section
1451. 49.175 (1) (ze) 10m. of the statutes is amended to read:
49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $5,707,200 and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.
20,1452
Section
1452
. 49.175 (1) (ze) 10m. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.
20,1453
Section
1453. 49.175 (1) (ze) 12. of the statutes is amended to read:
49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,310,800 $1,510,500 in fiscal year 2005-06 2007-08 and $1,317,700 $1,532,100 in fiscal year 2006-07 2008-09.
49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $55,232,000 $21,125,400 in fiscal year 2005-06 and $25,232,000 in fiscal year 2006-07 2007-08 and $6,664,200 in fiscal year 2008-09.
20,1455
Section
1455
. 49.175 (1) (zh) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $21,125,400 in fiscal year 2007-08 and $6,664,200 in fiscal year 2008-09.
20,1456
Section
1456. 49.175 (2) (c) of the statutes is amended to read:
49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.445 (3) 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.445 (3) 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.
20,1459
Section
1459. 49.19 (1) (a) 2. b. of the statutes is amended to read:
49.19 (1) (a) 2. b. 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 residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
20,1460
Section
1460. 49.19 (10) (a) of the statutes is amended to read:
49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support 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 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this subsection 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.
20,1461
Section
1461. 49.19 (10) (d) of the statutes is amended to read:
49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth 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 specified in sub. (1) (a) 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 of health and family services or the department of corrections.
20,1462
Section
1462. 49.19 (11) (a) 1. a. of the statutes is amended to read:
49.19
(11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly payments made under s.
20.445 (3) 20.437 (2) (dz) and (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:
-
See PDF for table 
20,1463
Section
1463. 49.19 (11s) (d) of the statutes is amended to read:
49.19 (11s) (d) From the appropriation under s. 20.445 (3) 20.437 (2) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).
20,1464
Section
1464. 49.195 (3r) of the statutes is amended to read:
49.195 (3r) From the appropriation under s. 20.445 (3) 20.437 (2) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.
20,1465
Section
1465. 49.197 (1m) of the statutes is amended to read:
49.197
(1m) Fraud investigation. From the appropriations under s.
20.445 (3) 20.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under
7 USC 2011 to
2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.
20,1465m
Section 1465m. 49.197 (2) of the statutes is created to read:
49.197 (2) Fraud investigation by counties and tribal governing bodies. (a) In this subsection, "tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
(b) A county or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.
(c) If a county or tribal governing body establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following:
1. Fifty percent of all amounts recovered by the county or tribal governing body as a result of its program during the first month in which it recovers any amounts as a result of its program.
2. Sixty-six percent of all amounts recovered by the county or tribal governing body as a result of its program during the 2nd month in which it recovers any amounts as a result of its program.
3. One hundred percent of all amounts recovered by the county or tribal governing body as a result of its program after the 2nd month in which it recovers any amounts as a result of its program.
(d) The department shall credit all moneys received under this subsection to the appropriation account under s. 20.445 (3) (g). The department shall use moneys recovered as a result of fraud in the Wisconsin Works program, other than the child care subsidy program under s. 49.155, for the Wisconsin Works program other than the child care subsidy program and shall use moneys recovered as a result of fraud in the child care subsidy program under s. 49.155 for the child care subsidy program.
20,1465p
Section 1465p. 49.197 (2) (d) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
49.197 (2) (d) The department shall credit all moneys received under this subsection to the appropriation account under s. 20.445 (3) 20.437 (2) (g). The department shall use moneys recovered as a result of fraud in the Wisconsin Works program, other than the child care subsidy program under s. 49.155, for the Wisconsin Works program other than the child care subsidy program and shall use moneys recovered as a result of fraud in the child care subsidy program under s. 49.155 for the child care subsidy program.
20,1466
Section
1466. 49.197 (4) of the statutes is amended to read:
49.197
(4) County and tribal error reduction. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s.
20.445 (3) 20.437 (2) (kx) to counties and governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp program under
7 USC 2011 to
2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.
20,1467
Section
1467. 49.22 (2m) (a) of the statutes is amended to read:
49.22
(2m) (a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468
and, 49.47
, and 49.471 and programs carrying out the purposes of
7 USC 2011 to
2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46
and, 49.47
, and 49.471 and programs carrying out the purposes of
7 USC 2011 to
2029. Employees of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83.
20,1468
Section
1468. 49.22 (2m) (b) of the statutes is amended to read:
49.22
(2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46
and, 49.47
, and 49.471 and programs carrying out the purposes of
7 USC 2011 to
2029.
20,1469
Section
1469. 49.22 (2m) (c) 3. of the statutes is amended to read:
49.22
(2m) (c) 3. Any other action taken in good faith to comply with this section or a subpoena described in par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46
and, 49.47
, and 49.471 and programs carrying out the purposes of
7 USC 2011 to
2029.
20,1470
Section
1470
. 49.22 (6) of the statutes is amended to read:
49.22
(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 48.645, 49.19
, or 49.47; benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
42 USC 670 to
679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). 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.
20,1471
Section
1471
. 49.22 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
49.22
(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. 48.645, 49.19
or
, 49.47
, or 49.471; benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
42 USC 670 to
679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). 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.
20,1472
Section
1472. 49.22 (7) of the statutes 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. 59.53 (6) (a) pursuant to a contract entered into under s. 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. 59.53 (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) 20.437 (2) (md) to carry out a contract under this subsection.
20,1473
Section
1473. 49.24 (1) of the statutes is amended to read:
49.24 (1) From the appropriation under s. 20.445 (3) (k) (b), the department shall provide child support incentive payments to counties. Total payments In fiscal year 2007-08, amounts allocated by the department under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,690,000 $5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.
20,1474
Section
1474
. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 1473, is amended to read:
49.24 (1) From the appropriation under s. 20.445 (3) 20.437 (2) (b), the department shall provide child support incentive payments to counties. In fiscal year 2007-08, amounts allocated by the department under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.
20,1474d
Section 1474d. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 1473, is amended to read:
49.24 (1) From the appropriation under s. 20.445 (3) (b) (k), the department shall provide child support incentive payments to counties. In fiscal year 2007-08, amounts allocated by the department Total payments under this subsection may not exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning with fiscal year 2008-09, amounts allocated under this subsection may not exceed $5,500,000 $5,690,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.
20,1475
Section
1475. 49.24 (2) (b) (intro.) of the statutes is amended to read:
49.24 (2) (b) (intro.) Subject to the incentive payments limit specified in par. (a), the department shall distribute to counties, in accordance with the formula established under par. (a), all of the following:
