20,936u
Section 936u. 48.685 (2) (b) 1. d. of the statutes is amended to read:
48.685 (2) (b) 1. d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person final determination under s. 48.981 (3) (c) 5m. or, if a contested case hearing is held on such a determination, any final decision under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.
20,937
Section
937. 48.685 (2) (bm) of the statutes is amended to read:
48.685 (2) (bm) If the person who is the subject of the search under par. (am), (ar), or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, contracted agency, child welfare agency, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1., (ar), or (b) 1. a. The department, county department, contracted agency, child welfare agency, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
20,938
Section
938. 48.685 (2) (br) of the statutes is created to read:
48.685 (2) (br) If the person who is the subject of a search under par. (am) or (b) 1. has, or is seeking, a license to operate a child care center under s. 48.65, certification as a child care provider under s. 48.651, or a contract under s. 120.13 (14) to operate a child care program, or is an adult nonclient resident or caregiver of such an entity, and if the entity is receiving, or wishes to receive, payment under s. 49.155 for providing child care services, the department, county department, agency contracted with under s. 48.651 (2), or school board shall require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies, unless the person has previously been fingerprinted under this paragraph. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
20,938e
Section 938e. 48.685 (3) (am) 1. of the statutes is amended to read:
48.685 (3) (am) 1. Every 3 months
year or at any time within that period that the department, a county department, an agency contracted with under s. 48.651 (2), or a school board considers appropriate, the department, county department, contracted agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under s. 48.65 to operate a child care center, certified as a child care provider under s. 48.651, or contracted under s. 120.13 (14) to operate a child care center. Beginning on January 1, 2011, and annually after that,, for all persons who are nonclient residents of such a caregiver, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers specified in sub. (1) (ag) 1. a. of such a caregiver.
2m. Annually, by January 1, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) describing the information collected under this subdivision subd. 1. with respect to caregivers specified in sub. (1) (ag) 1. b. who are licensed under s. 48.65 to operate a child care center, certified as a child care provider under s. 48.651, or contracted under s. 120.13 (14) to operate a child care center, specifically any information indicating that such a caregiver specified in sub. (1) (ag) 1. b. is ineligible under sub. (4m) (a) to be so licensed under s. 48.65 to operate a child care center, certified under s. 48.651 as a child care provider, or contracted under s. 120.13 (14) to operate a child care center, certified, or contracted, and describing any action taken in response to the receipt of information under this subdivision subd. 1. indicating that such a caregiver is so ineligible.
20,938f
Section 938f. 48.685 (3) (am) 2. of the statutes is repealed.
20,938g
Section 938g. 48.685 (4m) (a) 4. of the statutes is amended to read:
48.685 (4m) (a) 4. That a final determination has been made under s. 48.981 (3) (c) 4. 5m. or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.
20,938h
Section 938h. 48.685 (4m) (b) 4. of the statutes is amended to read:
48.685 (4m) (b) 4. That a final determination has been made under s. 48.981 (3) (c) 4. 5m. or, if a contested case hearing is held on such a determination, a final decision has been made under s. 48.981 (3) (c) 5p. that the person has abused or neglected a child.
20,939
Section
939. 48.685 (8) of the statutes is amended to read:
48.685 (8) The department, the department of health services, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am), or (ar), or (3) (a) or (am) or, for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b), or for obtaining and submitting fingerprints under sub. (2) (bm) or (br). The fee may not exceed the reasonable cost of obtaining the information or of obtaining and submitting fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information or for obtaining and submitting fingerprints if to do so would be inconsistent with federal law.
20,939w
Section 939w. 48.78 (2) (b) of the statutes is amended to read:
48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.
20,940
Section
940. 48.78 (2) (k) of the statutes is created to read:
48.78 (2) (k) Paragraph (a) does not prohibit the department of children and families from providing to the department of revenue, upon request, information concerning a recipient of payments under s. 48.57 (3m) or (3n) or aid under s. 48.645, including information contained in the electronic records of the department of children and families, solely for the purposes of administering state taxes, including verifying a claim for a state tax refund or a refundable state tax credit, and collecting debts owed to the department of revenue. Any information obtained by the department of revenue under this paragraph is subject to the confidentiality provisions specified in s. 71.78.
20,941
Section
941. 48.975 (3) (a) 1. of the statutes is amended to read:
48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the amount of that the child's foster care or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
20,942
Section
942. 48.975 (3) (a) 2. of the statutes is amended to read:
48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
20,944
Section
944. 48.977 (3r) of the statutes is amended to read:
48.977 (3r) Subsidized guardianship. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child's permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, in a county having a population of 750,000 or more, as provided in s. 48.623 (3) (a), the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).
20,945
Section
945. 48.981 (3) (c) 5m. of the statutes is amended to read:
48.981 (3) (c) 5m. If the The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines may include in a determination under subd. 4. a determination that a specific person has abused or neglected a child,. If the county department, department, or licensed child welfare agency, within 15 makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of the a final determination
, that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall notify the person in writing of the determination, the person's right to appeal a contested case hearing on the determination under ch. 227, and the procedure
procedures under sub. 5p. by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal receive that hearing.
5p. A person who is the subject of a final determination under subd. 5m. that the person has abused or neglected a child has the right to a contested case hearing on that determination under ch. 227. To receive that hearing, the person must send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the notice under subd. 5m. of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance as provided in this subdivision, and shall issue a final decision within 60 days after the close of the hearing. Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227. The person presiding over a contested case proceeding under this subdivision to be held may hold the hearing in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.
20,945c
Section 945c. 48.981 (3) (c) 5r. of the statutes is amended to read:
48.981 (3) (c) 5r. If Within 15 days after a final determination is made under subd. 5m. that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination, within 15 days after a final decision is made under subd. 5p. determining that a specific person has abused or neglected a child, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines under subd. 4. that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency, within 15 days after the date of the determination, shall provide the subunit of the department that administers s. 48.685 with information about the person who has been determined to have abused or neglected the child.
20,945w
Section 945w. 48.981 (7) (a) 3. of the statutes is amended to read:
48.981 (7) (a) 3. An attending physician A health care provider, as defined in s. 146.81 (1) (a) to (p), for purposes of diagnosis and treatment.
20,946
Section
946. 48.982 (4) (b) (intro.) of the statutes is renumbered 48.982 (4) (b) and amended to read:
48.982 (4) (b) A grant may be awarded only to an organization that agrees to match the grant at least 25 percent of the amount received, through money or in-kind services, as follows:.
20,947
Section
947. 48.982 (4) (b) 1. of the statutes is repealed.
20,948
Section
948. 48.982 (4) (b) 2. of the statutes is repealed.
20,951
Section
951. 49.131 (2) of the statutes is amended to read:
49.131 (2) If the necessary authorization under sub. (1) is granted, and except as provided in sub. (3) Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), and subject to sub. (3m), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
20,952
Section
952. 49.131 (3) of the statutes is repealed.
20,952m
Section 952m. 49.131 (3m) of the statutes is created to read:
49.131 (3m) Prior to implementing, and receiving funding for implementing, any program to deliver by electronic means Wisconsin Works benefits or child care subsidies under s. 49.155, the department shall submit a plan for implementation to the joint committee on finance. Any plan submitted by the department shall include specific information on the vendor selected, the total start-up and ongoing costs, and how issues of fraud and program integrity will be addressed. If the department submits a plan and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the necessary funding. If, within 14 working days after the date that the department submits a plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding received, only upon approval of the committee.
20,953
Section
953. 49.137 (4) (a) of the statutes is amended to read:
49.137 (4) (a) Developing and recommending to the department a system of higher reimbursement payment 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.
20,954
Section
954. 49.141 (1) (n) of the statutes is amended to read:
49.141 (1) (n) "Trial employment match program job" means a work component of Wisconsin works Works administered under s. 49.147 (3).
20,955
Section
955. 49.143 (2) (a) 2. of the statutes is amended to read:
49.143 (2) (a) 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial employment match program jobs or community service jobs.
20,956
Section
956. 49.143 (2) (a) 3. of the statutes is amended to read:
49.143 (2) (a) 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial employment match program jobs or community service jobs.
20,957
Section
957. 49.143 (2) (a) 4. of the statutes is amended to read:
49.143 (2) (a) 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial employment match program jobs or community service jobs.
20,958
Section
958. 49.143 (2) (a) 5. of the statutes is amended to read:
49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial employment match program jobs or community service jobs.
20,959
Section
959. 49.143 (2) (a) 6. of the statutes is amended to read:
49.143 (2) (a) 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial employment match program jobs or community service jobs.
20,960
Section
960. 49.143 (2) (ct) of the statutes is repealed.
49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial job employment match program under s. 49.147 (3).
20,962
Section
962. 49.147 (1) of the statutes is amended to read:
49.147 (1) Definition. In this section, "unsubsidized employment" means employment, including self-employment and entrepreneurial activities, for which the Wisconsin Works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities receives no wage subsidy.
20,963
Section
963. 49.147 (1m) (b) of the statutes is amended to read:
49.147 (1m) (b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial employment match program job and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.
20,964
Section
964. 49.147 (2) (am) 2. of the statutes is amended to read:
49.147 (2) (am) 2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial employment match program job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.
20,965
Section
965. 49.147 (3) (title) of the statutes is amended to read:
49.147 (3) (title) Trial jobs employment match program.
20,966
Section
966. 49.147 (3) (a) of the statutes is amended to read:
49.147 (3) (a) Administration. A Wisconsin Works agency shall administer a trial job employment match program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise are not able to obtain unsubsidized employment, as determined by the Wisconsin Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin Works agency shall give priority to placement under this subsection over placements under subs. (4) and (5).
(ac) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and that agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours that would be required for full-time employment in that month. a wage subsidy in an amount that is negotiated between the Wisconsin Works agency and the employer but that is not less than the state or federal minimum wage that applies to the participant. The wage subsidy shall be paid for each hour that the participant actually works, up to a maximum of 40 hours per week. In addition to paying the wage subsidy, the Wisconsin Works agency may, as negotiated between the Wisconsin Works agency and the employer, reimburse the employer for all or a portion of other costs that are attributable to the employment of the participant, including any of the following:
20,967
Section
967. 49.147 (3) (ac) 1. of the statutes is created to read:
49.147 (3) (ac) 1. Federal social security and Medicare taxes.
20,968
Section
968. 49.147 (3) (ac) 2. of the statutes is created to read:
49.147 (3) (ac) 2. State and federal unemployment contributions or taxes.
20,969
Section
969. 49.147 (3) (ac) 3. of the statutes is created to read:
49.147 (3) (ac) 3. Worker's compensation insurance premiums.
20,970
Section
970. 49.147 (3) (am) of the statutes is amended to read:
49.147 (3) (am) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment match program employment.
20,971
Section
971. 49.147 (3) (c) of the statutes is amended to read:
49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job for a maximum of 3 6 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.
20,972
Section
972. 49.147 (3) (d) of the statutes is created to read:
49.147 (3) (d) Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends, although nothing in this subsection requires an employer to retain a participant as a permanent unsubsidized employee after the wage subsidy ends. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.
20,973
Section
973. 49.147 (3) (e) of the statutes is created to read:
49.147 (3) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job under this subsection except that the individual is a noncustodial parent of a dependent child is eligible for placement under this subsection, subject to s. 49.159 (1) (b) 2., if the individual is eligible for services and benefits under s. 49.159 (1) (a).
20,974
Section
974. 49.147 (3m) of the statutes is repealed.
20,975
Section
975. 49.147 (4) (a) of the statutes is amended to read:
49.147 (4) (a) Administration. A Wisconsin works Works agency shall administer a community service job program as part of its administration of Wisconsin works Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works Works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial employment match program job. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works Works agency shall reassess the individual's employability.
20,976
Section
976. 49.147 (4) (b) of the statutes is amended to read:
49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.
