AB591-ASA2,18,2220
46.979
(2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute
21as follows the federal child care and development block grant funds that are received
22under
42 USC 9858 and that are not distributed under par.
(a) or (b):
AB591-ASA2,18,2524
46.98
(1) (ar) "Department" means the department of industry, labor and job
25development.
AB591-ASA2,19,42
46.98
(1) (b) "Gainfully employed" means working
, or seeking employment
or
3participating in a training or educational program designed to lead directly to paid
4employment.
AB591-ASA2, s. 51
5Section
51. 46.98 (1) (bd) and (bf) of the statutes are created to read:
AB591-ASA2,19,76
46.98
(1) (bd) "Level I day care provider" means a day care provider certified
7under s. 48.651 (1) (a).
AB591-ASA2,19,98
(bf) "Level II day care provider" means a day care provider certified under s.
948.651 (1) (b).
AB591-ASA2,19,2012
46.98
(2) (a) The department shall distribute the funds allocated under s. 46.40
13(1)
and (2m) (c) for
at-risk, low-income and respite child care services under
subs.
14(2m) and sub. (4g) to
private nonprofit child care providers that provide child care
15for the children of migrant workers and to county departments under s. 46.215, 46.22
16or 46.23. In addition, the department shall distribute the funds allocated under s.
1746.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and
respite at-risk child
18care services under
sub. subs. (2m) and (3) to
private nonprofit child care providers
19who provide child care for the children of migrant workers county departments
20under s. 46.215, 46.22 or 46.23.
AB591-ASA2,20,523
46.98
(2m) (a) Except as provided in sub. (2) (c), funds distributed under sub.
24(2) for at-risk child care may only be used for the purposes specified in this
25paragraph. The funds shall be used to provide care for all or part of a day for children
1under age 13 of persons who need child care to be able to work, who are not receiving
2aid to families with dependent children and who are at risk of becoming eligible for
3aid to families with dependent children if child care under this subsection is not
4provided.
No funds distributed under sub. (2) may be used to provide care for a child
5by a person who resides with the child.
AB591-ASA2,20,197
46.98
(3) (c) From the funds distributed under sub. (2) for low-income child
8care, a county may provide day care services itself or it may purchase day care
9services from a child care provider. In addition, from the funds distributed under
10sub. (2) for low-income child care, each county shall, subject to the availability of
11funds, provide day care by offering to each eligible parent a voucher for the payment
12of day care services provided by a child care provider. Each county shall allocate all
13or a portion of its day care funding for payment of vouchers. An eligible parent may
14choose whether the care will be provided
by a Level I day care provider or a Level II
15day care provider or in a day care center, in the home of another person or, subject
16to the county's approval, in the parent's home. A parent who uses vouchers for the
17payment of day care services may supplement the maximum rate for day care
18services set under sub. (4) (d)
, (dg) or (dm) or, if a higher rate for day care services
19is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.
AB591-ASA2,20,2421
46.98
(4) (a) 2. A parent who is gainfully employed, who is in need of child care
22services and whose family income is equal to or less than
75% 165% of the
state
23median income. The department shall annually determine the state median income 24poverty line, as defined in s. 46.30 (1) (c).
AB591-ASA2,21,4
146.98
(4) (b) Parents receiving aid under sub. (3)
whose family income is equal
2to or greater than 50% of the state median income are liable for
a percentage of the
3cost of child care received, payable in accordance with a schedule developed by the
4department based on ability to pay
and the cost of the child care.
AB591-ASA2,21,156
46.98
(4) (d) Each county shall annually set a maximum rate that it will pay
7for
licensed day care services provided to eligible parents, other than
licensed day
8care services for which a rate, if any, is established under par. (e). A county shall set
9its maximum rate under this paragraph so that at least 75% of the number of places
10for children within the licensed
or certified capacity of all child care providers in that
11county can be purchased at or below that maximum rate. The department shall
12annually review each county's rate and shall approve it if the department finds that
13the rate is set at a reasonable and customary level which does not preclude an eligible
14parent from having a reasonable selection of child care providers. The department
15shall promulgate by rule a procedure and criteria for approving county rates.
AB591-ASA2, s. 58
16Section
58. 46.98 (4) (dg) and (dm) of the statutes are created to read:
AB591-ASA2,21,1917
46.98
(4) (dg) Each county shall set a maximum rate that it will pay for Level
18I day care providers for services provided to eligible parents. The maximum rate set
19under this paragraph may not exceed 75% of the rate established under par. (d).
AB591-ASA2,21,2220
(dm) Each county shall set a maximum rate that it will pay for Level II day care
21providers for services provided to eligible parents. The maximum rate set under this
22paragraph may not exceed 50% of the rate established under par. (d).
AB591-ASA2,22,1024
46.98
(4g) (b) From the funds distributed under sub. (2) for respite child care,
25a county may provide child care services itself or it may purchase child care services
1from a child care provider. In addition, from the funds distributed under sub. (2) for
2respite child care, each county shall, subject to the availability of funds, provide child
3care by offering to each eligible parent a voucher for the payment of child care
4services provided by a child care provider. Each county shall allocate all or a portion
5of its child care funding for payment of vouchers. A parent who uses vouchers for the
6payment of child care services may supplement the maximum rate for child care
7services set under sub. (4) (d)
, (dg) or (dm) or, if a higher rate for child care services
8is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The
9county may choose the child care provider for a child whose child care is funded under
10par. (a).
AB591-ASA2,22,1312
46.98
(6) Sunset. This section does not apply beginning on the first day of the
136th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591-ASA2,22,1715
46.986
(1) (b) "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-ASA2,22,2119
46.986
(1) (m) "Parent"
has the meaning given in s. 46.98 (1) (c) means a parent,
20guardian, foster parent, treatment foster parent, legal custodian or a person acting
21in the place of a parent.
AB591-ASA2,22,2523
46.987
(1) (a) "Child care provider"
has the meaning given in s. 46.98 (1) (am) 24means a provider licensed under s. 48.65, certified under s. 48.651 or established or
25contracted for under s. 120.13 (14).
AB591-ASA2,23,93
46.987
(2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
4award grants to child care providers that meet the quality of care standards
5established under s. 46.98 (4) (e)
or 49.155 (6) to improve the retention of skilled and
6experienced child care staff. In awarding grants under this subsection, the
7department shall consider the applying child care provider's total enrollment of
8children and average enrollment of children who receive or are eligible for publicly
9funded care from the child care provider.
AB591-ASA2,23,1311
46.995
(2) (c) Highest rate, by county population, of participation in the aid to
12families with dependent children program under s. 49.19
or the Wisconsin works
13program under s. 49.147 (3) to (5).
AB591-ASA2,23,1615
48.40
(1m) "Kinship care relative" means a person receiving payments under
16s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591-ASA2, s. 67
17Section
67. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591-ASA2,23,1918
48.427
(3) (a) 5. A relative with whom the child resides, if the relative has filed
19a petition to adopt the child
or if the relative is a kinship care relative.
AB591-ASA2,24,321
48.428
(2) When a court places a child in sustaining care after an order under
22s. 48.427, the court shall transfer legal custody of the child to the county department
23or a licensed child welfare agency, transfer guardianship of the child to an agency
24listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
25parent
or, licensed treatment foster parent
or kinship care relative with whom the
1child has resided for 6 months or longer. Pursuant to such a placement, this licensed
2foster parent
or, licensed treatment foster parent
or kinship care relative shall be a
3sustaining parent with the powers and duties specified in sub. (3).
AB591-ASA2,24,145
48.428
(4) Before a licensed foster parent
or, licensed treatment foster parent
6or kinship care relative may be appointed as a sustaining parent, the foster parent
7or, treatment foster parent
or kinship care relative shall execute a contract with the
8agency responsible for providing services to the child, in which the foster parent
or, 9treatment foster parent
or kinship care relative agrees to provide care for the child
10until the child's 18th birthday unless the placement order is changed by the court
11because the court finds that the sustaining parents are no longer able or willing to
12provide the sustaining care or the court finds that the behavior of the sustaining
13parents toward the child would constitute grounds for the termination of parental
14rights if the sustaining parent was the birth parent of the child.
AB591-ASA2,24,2116
48.57
(3m) (a) Within the limits of the funding received from the appropriation
17under s. 20.445 (3) (dz), a county department shall make payments, as determined
18by the department under par. (e), to a nonlegally responsible relative, by
19consanguinity or by direct affinity, of a dependent child, as defined in s. 49.19 (1) (a),
20who is providing care and maintenance for the child if all of the following conditions
21are met:
AB591-ASA2,24,2522
1. The relative applies to the county department for payments under this
23subsection and the county department determines that there is a need for the child
24to be placed with the relative and that the placement with the relative benefits the
25child.
AB591-ASA2,25,4
12. The county department determines that the child meets one or more of the
2criteria specified in s. 48.13 (1) to (13) or 938.13 (4) to (14) or that the child would be
3at risk of meeting one or more of those criteria if the child were to remain in his or
4her home.
AB591-ASA2,25,65
3. The county department determines, through an assessment, that the child
6will be safe in the relative's home.
AB591-ASA2,25,107
4. The county department conducts a background investigation under sub. (3p)
8of the relative and any other adult resident of the relative's home to determine if the
9relative or adult resident has any arrests or convictions that could adversely affect
10the child or the relative's ability to care for the child.
AB591-ASA2,25,1311
5. The relative cooperates with the county department in the application
12process, including applying for other forms of assistance for which the relative may
13be eligible.
AB591-ASA2,25,1614
(b) 1. The county department shall refer to the attorney responsible for support
15enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
16a payment is made under par. (a).
AB591-ASA2,26,217
2. When any relative of a child applies for or receives payments under this
18subsection, any right of the child or the child's parent to support or maintenance from
19any other person, including any right to unpaid amounts accrued at the time of
20application and any right to amounts accruing during the time that payments are
21made under this subsection, is assigned to the state. If a child who is the beneficiary
22of a payment under this subsection is also the beneficiary of support under a
23judgment or order that includes support for one or more children who are not the
24beneficiaries of payments under this subsection, any support payment made under
25the judgment or order is assigned to the state in the amount that is the proportionate
1share of the child who is the beneficiary of the payment made under this subsection,
2except as otherwise ordered by the court on the motion of a party.
AB591-ASA2,26,53
(c) The county department shall require the parent or parents of a child for
4whom a payment is made under par. (a) to initiate or continue health care insurance
5coverage for the child.
AB591-ASA2,26,76
(cm) A relative who receives a payment under par. (a) is not eligible to receive
7a payment under s. 48.62 (4).
AB591-ASA2,26,128
(d) A county department shall review a placement of a child for which the
9county department makes payments under par. (a) not less than every 12 months
10after the county department begins making those payments to determine whether
11the conditions specified in par. (a) continue to exist. If those conditions do not
12continue to exist, the county department shall discontinue making those payments.
AB591-ASA2,26,1313
(e) The department shall determine all of the following:
AB591-ASA2,26,1614
1. The amount and effective date of any payment under par. (a). In determining
15the amount of a payment under par. (a), the department shall consider any income
16of the child, other than earned income as defined in
26 USC 32 (c) (2).
AB591-ASA2,26,1817
2. Whether the child is eligible for medical assistance under ss. 49.43 to 49.47,
18if no other health care insurance coverage is available to the child.
AB591-ASA2,26,2420
48.57
(3p) (a) In this subsection, "adult resident" means a person 18 years of
21age or over who lives at the home of a person who has applied for or is receiving
22payments under sub. (3m) with the intent of making that home his or her home or
23who lives for more than 30 days cumulative in any 6-month period at the home of
24a person who has applied for or is receiving payments under sub. (3m).
AB591-ASA2,27,3
1(b) 1. After receipt of an application for payments under sub. (3m), the county
2department, with the assistance of the department of justice, shall conduct a
3background investigation of the applicant.
AB591-ASA2,27,74
2. The county department, with the assistance of the department of justice,
5may conduct a background investigation of any person who is receiving payments
6under sub. (3m) at the time of review under sub. (3m) (d) or at any other time that
7the county department considers to be appropriate.
AB591-ASA2,27,118
(c) 1. After receipt of an application for payments under sub. (3m), the county
9department, with the assistance of the department of justice, shall, in addition to the
10investigation under par. (b), conduct a background investigation of each employe and
11prospective employe of the applicant and of each adult resident.
AB591-ASA2,27,1612
2. The county department, with the assistance of the department of justice,
13may conduct a background investigation of any employe, prospective employe or
14adult resident of the home of any person who is receiving payments under sub. (3m)
15at the time of review under sub. (3m) (d) or at any other time that the county
16department considers to be appropriate.
AB591-ASA2,27,2117
3. Before a person that is receiving payments under sub. (3m) may employ any
18person or permit any person to be an adult resident, the county department, with the
19assistance of the department of justice, shall conduct a background investigation of
20the prospective employe or prospective adult resident unless that person has already
21been investigated under subd. 1. or 2.
AB591-ASA2,28,622
(d) If the person being investigated under par. (b) or (c) is a nonresident, or at
23any time within the 5 years preceding the date of the application has been a
24nonresident, or if the county department determines that the person's employment,
25licensing or state court records provide a reasonable basis for further investigation,
1the county department shall require the person to be photographed and
2fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
3fingerprints. The department of justice may provide for the submission of the
4fingerprint cards to the federal bureau of investigation for the purposes of verifying
5the identity of the person fingerprinted and obtaining records of his or her criminal
6arrest and conviction.
AB591-ASA2,28,87
(e) Upon request, a person being investigated under par. (b) or (c) shall provide
8the county department with all of the following information:
AB591-ASA2,28,99
1. The person's name.
AB591-ASA2,28,1010
2. The person's social security number.
AB591-ASA2,28,1211
3. Other identifying information, including the person's birthdate, gender, race
12and any identifying physical characteristics.
AB591-ASA2,28,1613
4. Information regarding the conviction record of the person under the law of
14this state or any other state or under federal law. This information shall be provided
15on a notarized background verification form that the department shall provide by
16rule.
AB591-ASA2,28,2417
(f) 1. The county department may not make payments under sub. (3m) unless
18the county department receives information from the department of justice
19indicating that the conviction record of the applicant under the law of this state is
20satisfactory according to the criteria specified in par. (g) 1. to 3. The department may
21make payments under sub. (3m) conditioned on the receipt of information from the
22federal bureau of investigation indicating that the person's conviction record under
23the law of any other state or under federal law is satisfactory according to the criteria
24specified in par. (g) 1. to 3.
AB591-ASA2,29,10
12. A person receiving payments under sub. (3m) may not employ a person or
2permit a person to be an adult resident until the county department receives
3information from the department of justice indicating that the person's conviction
4record under the law of this state is satisfactory according to the criteria specified in
5par. (g) 1. to 3. and the county department so advises the person receiving payments
6under sub. (3m). A person receiving payments under sub. (3m) may employ a person
7or permit a person to be an adult resident conditioned on the receipt of information
8from the federal bureau of investigation indicating that the person's conviction
9record under the law of any other state or under federal law is satisfactory according
10to the criteria specified in par. (g) 1. to 3.
AB591-ASA2,29,1411
(g) Subject to par. (h), the county department may not make payments to a
12person applying for payments under sub. (3m) and a person receiving payments
13under sub. (3m) may not employ a person or permit a person to be an adult resident
14if any of the following applies:
AB591-ASA2,29,1815
1. The applicant or other person has been convicted of a violation of ch. 161 that
16is punishable as a felony or of a violation of the law of any other state or federal law
17that would be a violation of ch. 161 that is punishable as a felony if committed in this
18state.
AB591-ASA2,29,2319
2. The applicant or other person has had imposed on him or her a penalty
20specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been
21convicted of a violation of the law of any other state or federal law under
22circumstances under which the applicant or other person would be subject to a
23penalty specified in any of those sections if convicted in this state.
AB591-ASA2,30,924
3. The applicant or other person has been convicted of a violation of ch. 940, 944
25or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70,
1or of a violation of the law of any other state or federal law that would be a violation
2of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
3948.63 or 948.70, if committed in this state, except that the county department may
4make payments to a person applying for payments under sub. (3m) and a person
5receiving payments under sub. (3m) may employ or permit to be an adult resident
6a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a
7violation of the law of any other state or federal law that would be a violation of s.
8944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years
9or more before the date of the investigation.
AB591-ASA2,30,1610
(h) Notwithstanding par. (g), a person whose application to a county
11department for payments under sub. (3m) has been denied on one of the grounds
12specified in par. (g) 1. to 3. may petition the department for a review of that denial.
13If the department determines that making those payments would be in the best
14interests of a child, the department shall order that those payments be made. The
15department shall promulgate rules to provide standards under which to review a
16petition under this paragraph.
AB591-ASA2,30,2217
(i) The county department shall keep confidential all information received
18under this subsection from the department of justice or the federal bureau of
19investigation, except that the county department may disclose any information
20obtained under this subsection to any other county department conducting an
21investigation under this subsection. Such information is not subject to inspection or
22copying under s. 19.35.
AB591-ASA2,30,2523
(j) The county department may charge a fee for conducting a background
24investigation under this subsection. The fee may not exceed the reasonable cost of
25conducting the investigation.
AB591-ASA2, s. 72
1Section
72. 48.651 of the statutes is renumbered 48.651 (1) (intro.) and
2amended to read:
AB591-ASA2,31,123
48.651
(1) (intro.) Each county department shall certify, according to the
4standards adopted by the department under s. 46.03 (21), each day care provider
5from whom it purchases services under s. 46.036 on or after January 1, 1985, and
6each day care provider that provides day care services to parents pursuant to a
7voucher provided under s. 46.98 (3) (c) on or after January 1, 1985
reimbursed for
8child care services provided to families determined eligible under s. 46.98 (2r) and
9(4), unless the provider is a day care center licensed under s. 48.65 or is established
10or contracted for under s. 120.13 (14).
Each county may charge a fee to cover the costs
11of certification. The county shall certify the following categories of day care
12providers:
AB591-ASA2, s. 73
13Section
73. 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
14Act .... (this act), is amended to read:
AB591-ASA2,31,2115
48.651
(1) (intro.) Each county department shall certify, according to the
16standards adopted by the department under s. 46.03 (21), each day care provider
17reimbursed for child care services provided to families determined eligible under ss.
1846.98 (2r) and (4)
and 49.155 (1m), unless the provider is a day care center licensed
19under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county
20may charge a fee to cover the costs of certification. The county shall certify the
21following categories of day care providers:
AB591-ASA2, s. 74
22Section
74. 48.651 (1) (a) and (b) of the statutes are created to read:
AB591-ASA2,31,2523
48.651
(1) (a) Level I day care providers, as established by the department
24under s. 46.03 (21). No county may certify a provider under this paragraph if the
25provider is a relative of all of the children for whom he or she provides care.