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, s. 29 9Section 29. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act
1027
, is amended to read:
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, s. 30 14Section 30. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act
1527
, is amended to read:
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, s. 31 19Section 31. 46.25 (6) of the statutes is amended to read:
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, s. 32 3Section 32. 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 27,
4is amended to read:
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, s. 33 15Section 33. 46.253 (2) of the statutes is amended to read:
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, s. 34 23Section 34. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
24section 2158b, is amended to read:
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, s. 36 23Section 36. 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
24is amended to read:
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, s. 37 8Section 37. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27,
9is repealed.
AB591-ASA1, s. 38 10Section 38. 46.45 (intro.) of the statutes is amended to read:
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, s. 39 19Section 39. 46.45 (1) of the statutes is repealed.
AB591-ASA1, s. 40 20Section 40. 46.45 (6) of the statutes is amended to read:
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, s. 41
1Section 41. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act
227
, section 3132, is repealed and recreated to read:
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, s. 42 8Section 42. 46.62 (2) of the statutes is amended to read:
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, s. 43 22Section 43. 46.979 (1) of the statutes is amended to read:
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, s. 44
1Section 44. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
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, s. 46 8Section 46. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin
9Act 27
, is amended to read:
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, s. 47 13Section 47. 46.98 (1) (ar) of the statutes is created to read:
AB591-ASA1,18,1514 46.98 (1) (ar) "Department" means the department of industry, labor and job
15development.
AB591-ASA1, s. 48 16Section 48. 46.98 (1) (b) of the statutes is amended to read:
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, s. 50
1Section 50. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
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, s. 51 12Section 51. 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act
1327
, is amended to read:
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, s. 52 22Section 52. 46.98 (3) (c) of the statutes is amended to read:
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, s. 53 11Section 53. 46.98 (4) (a) 2. of the statutes is amended to read:
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, s. 54 16Section 54. 46.98 (4) (b) of the statutes is amended to read:
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, s. 55 21Section 55. 46.98 (4) (d) of the statutes is amended to read:
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, s. 57 14Section 57. 46.98 (4g) (b) of the statutes is amended to read:
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, s. 58 3Section 58. 46.98 (6) of the statutes is created to read:
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, s. 59 6Section 59. 46.986 (1) (b) of the statutes is amended to read:
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, s. 60 10Section 60. 46.986 (1) (m) of the statutes is amended to read:
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, s. 61 14Section 61. 46.987 (1) (a) of the statutes is amended to read:
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, s. 62 18Section 62. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
19is amended to read:
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, s. 63 3Section 63. 46.995 (2) (c) of the statutes is amended to read:
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)
.
AB591-ASA1, s. 64 7Section 64. 48.40 (1m) of the statutes is created to read:
AB591-ASA1,23,98 48.40 (1m) "Kinship care relative" means a person receiving payments under
9s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591-ASA1, s. 65 10Section 65. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591-ASA1,23,1211 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed
12a petition to adopt the child or if the relative is a kinship care relative.
AB591-ASA1, s. 66 13Section 66. 48.428 (2) of the statutes is amended to read:
AB591-ASA1,23,2114 48.428 (2) When a court places a child in sustaining care after an order under
15s. 48.427, the court shall transfer legal custody of the child to the county department
16or a licensed child welfare agency, transfer guardianship of the child to an agency
17listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
18parent or, licensed treatment foster parent or kinship care relative with whom the
19child has resided for 6 months or longer. Pursuant to such a placement, this licensed
20foster parent or, licensed treatment foster parent or kinship care relative shall be a
21sustaining parent with the powers and duties specified in sub. (3).
AB591-ASA1, s. 67 22Section 67. 48.428 (4) of the statutes is amended to read:
AB591-ASA1,24,723 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent
24or kinship care relative may be appointed as a sustaining parent, the foster parent
25or, treatment foster parent or kinship care relative shall execute a contract with the

1agency responsible for providing services to the child, in which the foster parent or,
2treatment foster parent or kinship care relative agrees to provide care for the child
3until the child's 18th birthday unless the placement order is changed by the court
4because the court finds that the sustaining parents are no longer able or willing to
5provide the sustaining care or the court finds that the behavior of the sustaining
6parents toward the child would constitute grounds for the termination of parental
7rights if the sustaining parent was the birth parent of the child.
AB591-ASA1, s. 68 8Section 68. 48.57 (3m) of the statutes is created to read:
AB591-ASA1,24,139 48.57 (3m) (a) Within the limits of the funding received from the appropriation
10under s. 20.445 (3) (dz), a county department shall make payments, as determined
11by the department under par. (e), to a relative of a child, other than the child's parent
12or stepparent, who is providing care and maintenance for the child if all of the
13following conditions are met:
AB591-ASA1,24,1714 1. The relative applies to the county department for payments under this
15subsection and the county department determines that there is a need for the child
16to be placed with the relative and that the placement with the relative benefits the
17child.
AB591-ASA1,24,2018 2. The county department determines that the child meets one or more of the
19criteria specified in s. 48.13 (1) to (14) or that the child would be at risk of meeting
20one or more of those criteria if the child were to remain in his or her home.
AB591-ASA1,24,2221 3. The county department determines, through an assessment, that the child
22will be safe in the relative's home.
AB591-ASA1,25,223 4. The county department conducts a background investigation under sub. (3p)
24of the relative and any other adult resident of the relative's home to determine if the

1relative or adult resident has any arrests or convictions that could adversely affect
2the child or the relative's ability to care for the child.
AB591-ASA1,25,53 5. The relative cooperates with the county department in the application
4process, including applying for other forms of assistance for which the relative may
5be eligible.
AB591-ASA1,25,86 (b) 1. The county department shall refer to the attorney responsible for support
7enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
8a payment is made under par. (a).
AB591-ASA1,25,199 2. When any relative of a child applies for or receives payments under this
10subsection, any right of the child or the child's parent to support or maintenance from
11any other person, including any right to unpaid amounts accrued at the time of
12application and any right to amounts accruing during the time that payments are
13made under this subsection, is assigned to the state. If a child who is the beneficiary
14of a payment under this subsection is also the beneficiary of support under a
15judgment or order that includes support for one or more children who are not the
16beneficiaries of payments under this subsection, any support payment made under
17the judgment or order is assigned to the state in the amount that is the proportionate
18share of the child who is the beneficiary of the payment made under this subsection,
19except as otherwise ordered by the court on the motion of a party.
AB591-ASA1,25,2220 (c) The county department shall require the parent or parents of a child for
21whom a payment is made under par. (a) to initiate or continue health care insurance
22coverage for the child.
AB591-ASA1,25,2423 (cm) A relative who receives a payment under par. (a) is not eligible to receive
24a payment under s. 48.62 (4).
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