AB591-ASA1,9,2123
20.435
(4) (dz)
Public assistance and local assistance aids. Biennially, the
24amounts in the schedule to be allocated under s. 49.181 for paying child care costs
25of individuals who secure unsubsidized employment and lose eligibility for aid to
1families with dependent children as provided under s. 49.50 (6g); for child care and
2related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98
3(2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child
4care costs under s. 49.50 (6k) (b); for county administered public assistance benefits
5under s. 49.52; for payment distribution under s. 49.52 (1) for county administration
6of public assistance benefits and medical assistance eligibility determination and
7payments to American Indian tribes for administration of public assistance
8programs; for the cost of foster care and treatment foster care provided by nonlegally
9responsible relatives under state or county administered programs, if the relatives
10are licensed to operate foster homes or treatment foster homes under s. 48.62; for
11emergency assistance for families with needy children under s. 49.19 (11) (b); for
12funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for
13case management services for learnfare pupils under s. 46.62; for the job
14opportunities and basic skills program under s. 49.193; for the work experience and
15job training program under s. 46.253; for the food stamp employment and training
16project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the
17parental responsibility pilot program under s. 49.25; and for the work-not-welfare
18pilot program under s. 49.27. Moneys appropriated under this paragraph may be
19used to match federal funds received under par. (ps). Payments may be made from
20this appropriation to counties for fraud investigation and error reduction under s.
2149.197 (1m) and (4).
AB591-ASA1, s. 21
22Section
21. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act
23.... (this act), is renumbered 20.445 (3) (dz) and amended to read:
AB591-ASA1,9,2524
20.445
(3) (dz)
Public assistance and local assistance aids. Biennially, the
25amounts in the schedule to be allocated under s. 49.181 for paying child care costs
1of individuals who secure unsubsidized employment and lose eligibility for aid to
2families with dependent children as provided under s.
49.50 (6g) 49.191 (2); for child
3care and related transportation costs under
s. 49.50 (7) (e) ss. 49.155, 49.157 and
449.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3),
49.191 (1) and 49.193
5(8)
and 49.50 (6e) and, with the approval of the department, child care costs under
6s.
49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits
7under s.
49.52 49.33; for payment distribution under s.
49.52 (1) 49.33 for county
8administration of public assistance benefits and medical assistance eligibility
9determination and payments to American Indian tribes for administration of public
10assistance programs;
for payments to Wisconsin works agencies for the Wisconsin
11works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin
12works health coverage eligibility determination under s. 49.153 (3); for the cost of
13foster care and treatment foster care provided by nonlegally responsible relatives
14under state or county administered programs, if the relatives are licensed to operate
15foster homes or treatment foster homes under s. 48.62
, or for the cost of kinship care
16under s. 48.57 (3m), including assessments under s. 48.57 (3m) (a) 3. and background
17investigations under s. 48.57 (3m) (a) 4.; for emergency assistance for families with
18needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the
19learnfare program under s.
49.50 (7) 49.26 (1) and for case management services for
20learnfare pupils under s.
46.62 49.26 (2); for the job opportunities and basic skills
21program under s. 49.193; for the work experience and job training program under s.
2246.253 49.36; for the food stamp employment and training project under s. 49.124;
23for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot
24program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27.
25Moneys appropriated under this paragraph may be used to match federal funds
1received under par. (ps). Payments may be made from this appropriation to counties
2and Wisconsin works agencies for fraud investigation and error reduction under s.
349.197 (1m) and (4).
AB591-ASA1,11,75
20.445
(3) (jm)
Wisconsin works fees. All moneys received from fees and other
6payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works
7program.
AB591-ASA1,11,1510
20.445
(3) (L)
Welfare fraud and error reduction; state operations. From the
11moneys received as the state's share of the recovery of overpayments and incorrect
12payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), the amounts in
13the schedule for the department's activities to reduce error and fraud in the food
14stamp, aid to families with dependent children
, Wisconsin works program and
15medical assistance programs.
AB591-ASA1,11,2318
20.445
(3) (Lm)
Welfare fraud and error reduction; local assistance. From the
19moneys received as the state's share of the recovery of overpayments and incorrect
20payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), all moneys not
21appropriated under par. (L) for county and tribal activities to reduce error and fraud
22in the food stamp, aid to families with dependent children
, Wisconsin works program 23and medical assistance program.
AB591-ASA1,12,4
146.03
(21) Day care standards. Promulgate rules establishing standards for
2the certification of day care providers under s. 48.651.
In establishing standards for
3certification under s. 48.651 (1) (b), the department may not include a requirement
4for training for child care providers certified under s. 48.651 (1) (b).
AB591-ASA1,12,15
646.032 Income maintenance administration. County departments under
7ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
8detailing the reasonable cost of administering the income maintenance programs
9under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program
10under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
11under this section control the distribution of payments under s. 20.435 (4)
(de) (dz) 12and (nL) in accordance with the reimbursement method established under s. 49.52
13(1) (ad). The department may reduce its payment to any county under s. 20.435 (4)
14(de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control
15samples or program reviews.
AB591-ASA1, s. 27
16Section
27. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27,
17section 2042, and .... (this act), is repealed and recreated to read:
AB591-ASA1,13,2
1846.032 Income maintenance administration. County departments under
19ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
20detailing the reasonable cost of administering the income maintenance programs
21under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under
7
22USC 2011 to
2029 when so appointed by the department. Contracts created under
23this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in
24accordance with the reimbursement method established under s. 49.52 (1) (ad). The
25department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL)
1if federal reimbursement is withheld due to audits, quality control samples or
2program reviews.
AB591-ASA1,13,84
46.215
(1) (k) To certify eligibility for and issue food coupons to needy
5households in conformity with the federal food stamp act of 1964 as amended
, if the
6county accepts a contract to do so, and, in addition, the county department of social
7services may certify eligibility for and distribute surplus commodities and food
8stuffs.
AB591-ASA1,13,1311
46.22
(1) (b) 2. a. To administer aid to families with dependent children under
12s. 49.19.
This subdivision paragraph does not apply beginning on the first day of the
136th month beginning after the date stated in the notice under s. 49.141 (2) (d).
AB591-ASA1,13,1816
46.22
(1) (b) 2. d. To certify eligibility for and issue food coupons to needy
17households in conformity with
7 USC 2011 to
2029, if the county accepts a contract
18to do so.
AB591-ASA1,14,220
46.25
(6) The department shall establish, pursuant to federal and state laws,
21rules and regulations, a uniform system of fees for services provided under this
22section to individuals not receiving aid under s. 49.19 or 49.47
or benefits under s.
2349.148, 49.153 or 49.155 and to individuals receiving kinship care payments under
24s. 48.57 (3m). The system of fees may take into account an individual's ability to pay.
25Any fee paid and collected under this subsection may be retained by the county
1providing the service except for the fee specified in
42 USC 653 (e) (2) for federal
2parent locator services.
AB591-ASA1,14,145
46.25
(7m) The department may contract with or employ a collection agency
6or other person to enforce a support obligation of a parent who is delinquent in
7making support payments and may contract with or employ an attorney to appear
8in an action in state or federal court to enforce such an obligation. To pay for the
9department's administrative costs of implementing this subsection, the department
10may charge a fee to counties, retain up to 50% of any incentive payment made to this
11state under
42 USC 658 for a collection under this subsection, and retain 30% of this
12state's share of a collection made under this subsection on behalf of a recipient of aid
13to families with dependent children
or a recipient of kinship care payments under
14s. 48.57 (3m).
AB591-ASA1,14,2216
46.253
(2) The department may contract with any county to administer a work
17experience and job training program for parents who are not custodial parents and
18who fail to pay child support or to meet their children's needs for support as a result
19of unemployment or underemployment. The program may provide the kinds of work
20experience and job training services available from the program under s. 49.193. The
21department shall fund the program from the appropriation under s. 20.435 (4)
(df) 22(dz).
AB591-ASA1,15,16
146.258
(1) From the appropriation under s. 20.435 (3) (cb), the department
2shall award grants to counties for programs to revise child support orders. Each
3county receiving a grant shall review child support orders awarded to persons
who
4receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits
5under s. 49.19 and to persons
who do not receive benefits under s. 48.57 (3m) or
649.148 and whose children do not receive benefits under s. 49.19 and shall initiate
7actions to revise the orders based on that review. Each county receiving a grant shall
8review child support orders awarded to persons
who receive benefits under s. 48.57
9(3m) or 49.148 or whose children receive benefits under s. 49.19 and child support
10orders awarded to persons
who do not receive benefits under s. 48.57 (3m) or 49.148
11and whose children do not receive benefits under s. 49.19 in proportion to the number
12of those 2 categories of orders in the county's child support case load. Before a county
13may initiate an action to revise a child support order under this subsection for a
14person
who does not receive benefits under s. 48.57 (3m) or 49.148 and whose
15children do not receive benefits under s. 49.19, the custodial parent of the children
16must voluntarily consent to the revision.
AB591-ASA1, s. 35
17Section
35. 46.258 (2) (a) 1. of the statutes is amended to read:
AB591-ASA1,15,2218
46.258
(2) (a) 1. Provides an incentive for a county to increase its child support
19collections for persons
who receive benefits under s. 48.57 (3m) or 49.148 or whose
20children receive benefits under s. 49.19 as well as for persons
who do not receive
21benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits
22under s. 49.19.
AB591-ASA1,16,7
146.40
(1) (a) Within the limits of available federal funds and of the
2appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
3for community social, mental health, developmental disabilities and alcohol and
4other drug abuse services and for services under ss. 46.51, 46.87,
46.98 (2m), (3) and
5(4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42
6and 51.437
, and to county aging units
and to private nonprofit organizations as
7authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).
AB591-ASA1,16,18
1146.45 Carry-over of community aids funds. (intro.) Funds allocated by
12the department under ss. 46.87 (3) (c) 4. and (4)
, 46.98 (2) (a), 49.52 (1) (d) and 51.423
13(2) but not spent or encumbered by counties, governing bodies of federally recognized
14American Indian tribes or private nonprofit organizations by December 31 of each
15year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the
16appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding
17January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or
18as follows:
AB591-ASA1,16,2421
46.45
(6) The department may carry forward 10% of any funds not carried
22forward under
subs. (1) and sub. (3) for emergencies, for justifiable unit services costs
23above planned levels and to provide compensation for increased costs due to
24population shifts.
AB591-ASA1,17,73
46.495
(1) (am) The department shall reimburse each county from the
4appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the
5department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a.
6except that no reimbursement may be made for the administration of or aid granted
7under s. 49.02.
AB591-ASA1,17,219
46.62
(2) From the appropriation under s. 20.435 (4)
(dg) (dz), the department
10shall allocate funds to county departments for the provision of case management
11services to individuals who are required to attend school under s. 49.50 (7) (g) and
12their families to improve the school attendance and achievement of those
13individuals. At least 75% of the funds that the department allocates under this
14subsection to provide case management services to individuals who are 13 to 19 years
15of age shall be allocated to a county department of a county with a population of
16500,000 or more. A county department is eligible to receive funds under this section
17to provide case management services to individuals who are 13 to 19 years of age in
18a year if 35 or more individuals, 13 to 19 years of age, residing in the county were
19sanctioned under s. 49.50 (7) (h) or were subject to the monthly attendance
20requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the
21previous year.
AB591-ASA1,17,2523
46.979
(1) In this section
, "child care provider"
has the meaning given in s.
2446.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or
25established or contracted for under s. 120.13 (14).
AB591-ASA1,18,53
46.979 (2) (a) From the appropriation under s. 20.435 (7) (o),
as allocated in s.
446.40 (2m) (c), distribute $9,998,500 in fiscal year 1995-96
and $10,099,200 in fiscal
5year 1996-97 for child day care services under s. 46.98 (2m) and (3).
AB591-ASA1, s. 45
6Section
45. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts
727 and .... (this act), is repealed.
AB591-ASA1,18,1210
46.979
(2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute
11as follows the federal child care and development block grant funds that are received
12under
42 USC 9858 and that are not distributed under par.
(a) or (b):
AB591-ASA1,18,1514
46.98
(1) (ar) "Department" means the department of industry, labor and job
15development.
AB591-ASA1,18,1917
46.98
(1) (b) "Gainfully employed" means working
, or seeking employment
or
18participating in a training or educational program designed to lead directly to paid
19employment.
AB591-ASA1, s. 49
20Section
49. 46.98 (1) (bd) and (bf) of the statutes are created to read:
AB591-ASA1,18,2221
46.98
(1) (bd) "Level I day care provider" means a day care provider certified
22under s. 48.651 (1) (a).
AB591-ASA1,18,2423
(bf) "Level II day care provider" means a day care provider certified under s.
2448.651 (1) (b).
AB591-ASA1,19,113
46.98
(2) (a) The department shall distribute the funds allocated under s. 46.40
4(1)
and (2m) (c) for
at-risk, low-income and respite child care services under
subs.
5(2m) and sub. (4g) to
private nonprofit child care providers that provide child care
6for the children of migrant workers and to county departments under s. 46.215, 46.22
7or 46.23. In addition, the department shall distribute the funds allocated under s.
846.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and
respite at-risk child
9care services under
sub. subs. (2m) and (3) to
private nonprofit child care providers
10who provide child care for the children of migrant workers county departments
11under s. 46.215, 46.22 or 46.23.
AB591-ASA1,19,2114
46.98
(2m) (a) Except as provided in sub. (2) (c), funds distributed under sub.
15(2) for at-risk child care may only be used for the purposes specified in this
16paragraph. The funds shall be used to provide care for all or part of a day for children
17under age 13 of persons who need child care to be able to work, who are not receiving
18aid to families with dependent children and who are at risk of becoming eligible for
19aid to families with dependent children if child care under this subsection is not
20provided.
No funds distributed under sub. (2) may be used to provide care for a child
21by a person who resides with the child.
AB591-ASA1,20,1023
46.98
(3) (c) From the funds distributed under sub. (2) for low-income child
24care, a county may provide day care services itself or it may purchase day care
25services from a child care provider. In addition, from the funds distributed under
1sub. (2) for low-income child care, each county shall, subject to the availability of
2funds, provide day care by offering to each eligible parent a voucher for the payment
3of day care services provided by a child care provider. Each county shall allocate all
4or a portion of its day care funding for payment of vouchers. An eligible parent may
5choose whether the care will be provided
by a Level I day care provider or a Level II
6day care provider or in a day care center, in the home of another person or, subject
7to the county's approval, in the parent's home. A parent who uses vouchers for the
8payment of day care services may supplement the maximum rate for day care
9services set under sub. (4) (d)
, (dg) or (dm) or, if a higher rate for day care services
10is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.
AB591-ASA1,20,1512
46.98
(4) (a) 2. A parent who is gainfully employed, who is in need of child care
13services and whose family income is equal to or less than
75% 165% of the
state
14median income. The department shall annually determine the state median income 15poverty line, as defined in s. 46.30 (1) (c).
AB591-ASA1,20,2017
46.98
(4) (b) Parents receiving aid under sub. (3)
whose family income is equal
18to or greater than 50% of the state median income are liable for
a percentage of the
19cost of child care received, payable in accordance with a schedule developed by the
20department based on ability to pay
and the cost of the child care.
AB591-ASA1,21,622
46.98
(4) (d) Each county shall annually set a maximum rate that it will pay
23for
licensed day care services provided to eligible parents, other than
licensed day
24care services for which a rate, if any, is established under par. (e). A county shall set
25its maximum rate under this paragraph so that at least 75% of the number of places
1for children within the licensed
or certified capacity of all child care providers in that
2county can be purchased at or below that maximum rate. The department shall
3annually review each county's rate and shall approve it if the department finds that
4the rate is set at a reasonable and customary level which does not preclude an eligible
5parent from having a reasonable selection of child care providers. The department
6shall promulgate by rule a procedure and criteria for approving county rates.
AB591-ASA1, s. 56
7Section
56. 46.98 (4) (dg) and (dm) of the statutes are created to read:
AB591-ASA1,21,108
46.98
(4) (dg) Each county shall set a maximum rate that it will pay for Level
9I day care providers for services provided to eligible parents. The maximum rate set
10under this paragraph may not exceed 75% of the rate established under par. (d).
AB591-ASA1,21,1311
(dm) Each county shall set a maximum rate that it will pay for Level II day care
12providers for services provided to eligible parents. The maximum rate set under this
13paragraph may not exceed 50% of the rate established under par. (d).
AB591-ASA1,22,215
46.98
(4g) (b) From the funds distributed under sub. (2) for respite child care,
16a county may provide child care services itself or it may purchase child care services
17from a child care provider. In addition, from the funds distributed under sub. (2) for
18respite child care, each county shall, subject to the availability of funds, provide child
19care by offering to each eligible parent a voucher for the payment of child care
20services provided by a child care provider. Each county shall allocate all or a portion
21of its child care funding for payment of vouchers. A parent who uses vouchers for the
22payment of child care services may supplement the maximum rate for child care
23services set under sub. (4) (d)
, (dg) or (dm) or, if a higher rate for child care services
24is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The
1county may choose the child care provider for a child whose child care is funded under
2par. (a).
AB591-ASA1,22,54
46.98
(6) Sunset. This section does not apply beginning on the first day of the
56th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591-ASA1,22,97
46.986
(1) (b) "Child care provider"
has the meaning given in s. 46.98 (1) (am) 8means a provider licensed under s. 48.65, certified under s. 48.651 or established or
9contracted for under s. 120.13 (14).
AB591-ASA1,22,1311
46.986
(1) (m) "Parent"
has the meaning given in s. 46.98 (1) (c) means a parent,
12guardian, foster parent, treatment foster parent, legal custodian or a person acting
13in the place of a parent.
AB591-ASA1,22,1715
46.987
(1) (a) "Child care provider"
has the meaning given in s. 46.98 (1) (am) 16means a provider licensed under s. 48.65, certified under s. 48.651 or established or
17contracted for under s. 120.13 (14).
AB591-ASA1,23,220
46.987
(2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
21award grants to child care providers that meet the quality of care standards
22established under s. 46.98 (4) (e)
or 49.155 (6) to improve the retention of skilled and
23experienced child care staff. In awarding grants under this subsection, the
24department shall consider the applying child care provider's total enrollment of
1children and average enrollment of children who receive or are eligible for publicly
2funded care from the child care provider.
AB591-ASA1,23,64
46.995
(2) (c) Highest rate, by county population, of participation in the aid to
5families with dependent children program under s. 49.19
or the Wisconsin works
6program under s. 49.147 (3) to (5).