AB591-ASA3,16,2520 2. A county, on behalf of a child in the legal custody of a county department
21under s. 46.215, 46.22 or 46.23 or on behalf of a child who was removed from the home
22of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that
23continuance in the home of a relative would be contrary to the child's welfare for any
24reason when such child is placed in a licensed child caring institution by the county
25department. Reimbursement shall be made by the state pursuant to subd. 1.
AB591-ASA3,17,8
13. A county, when the child is placed in a licensed foster home, treatment foster
2home, group home or child caring institution by a licensed child welfare agency or
3by a federally recognized American Indian tribal governing body in this state or by
4its designee, if the child is in the legal custody of the county department under s.
546.215, 46.22 or 46.23 or if the child was removed from the home of a relative, as
6defined under s. 48.02 (15), as a result of a judicial determination that continuance
7in the home of the relative would be contrary to the child's welfare for any reason and
8the placement is made pursuant to an agreement with the county department.
AB591-ASA3,17,179 4. A foster home or treatment foster home, a group home licensed under s.
1048.625 or a child caring institution by the state when the child is in the custody or
11guardianship of the state, when the child is a ward of an American Indian tribal court
12in this state and the placement is made under an agreement between the department
13and the tribal governing body or when the child was part of the state's direct service
14case load and was removed from the home of a relative, as defined under s. 48.02 (15),
15as a result of a judicial determination that continuance in the home of a relative
16would be contrary to the child's welfare for any reason and the child is placed by the
17department.
AB591-ASA3,17,2518 (b) Notwithstanding par. (a), aid under this section may not be granted for
19placement of a child in a foster home or treatment foster home licensed by a federally
20recognized American Indian tribal governing body, for placement of a child in a foster
21home, treatment foster home or child caring institution by a tribal governing body
22or its designee, for the placement of a child who is a ward of a tribal court if the tribal
23governing body is receiving or is eligible to receive funds from the federal government
24for that type of placement or for placement of a child in a group home licensed under
25s. 48.625.
AB591-ASA3,18,10
1(3) Assignment of support. When any person applies for or receives aid under
2this section, any right of the parent or any dependent child to support or maintenance
3from any other person, including any right to unpaid amounts accrued at the time
4of application and any right to amounts accruing during the time aid is paid under
5this section, is assigned to the state. If a minor who is a beneficiary of aid under this
6section is also the beneficiary of support under a judgment or order that includes
7support for one or more children not receiving aid under this section, any support
8payment made under the judgment or order is assigned to the state in the amount
9that is the proportionate share of the minor receiving aid under this section, except
10as otherwise ordered by the court on the motion of a party.
AB591-ASA3, s. 43m 11Section 43m. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act
1227
, is amended to read:
AB591-ASA3,19,313 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
14department shall distribute the funding for social services, including funding for
15foster care or treatment foster care of a child receiving aid on whose behalf aid is
16received
under s. 49.19 46.261, to county departments under ss. 46.215, 46.22 and
1746.23 as provided under s. 46.40. County matching funds are required for the
18distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year
19equals 9.89% of the total of the county's distributions for that year for which
20matching funds are required plus the amount the county was required by s. 46.26 (2)
21(c), 1985 stats., to spend for juvenile delinquency-related services from its
22distribution for 1987. Matching funds may be from county tax levies, federal and
23state revenue sharing funds or private donations to the county that meet the
24requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the
25total county match. If the county match is less than the amount required to generate

1the full amount of state and federal funds distributed for this period, the decrease
2in the amount of state and federal funds equals the difference between the required
3and the actual amount of county matching funds.
AB591-ASA3, s. 45 4Section 45. 46.979 (1) of the statutes is amended to read:
AB591-ASA3,19,75 46.979 (1) In this section, "child care provider" has the meaning given in s.
646.98 (1) (am)
means a provider licensed under s. 48.65, certified under s. 48.651 or
7established or contracted for under s. 120.13 (14)
.
AB591-ASA3, s. 45m 8Section 45m. 46.98 (1) (at) of the statutes is created to read:
AB591-ASA3,19,119 46.98 (1) (at) "Educational program" means high school or a high school
10equivalency program or a course of study meeting the standards established under
11s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
AB591-ASA3, s. 50 12Section 50. 46.98 (1) (b) of the statutes is amended to read:
AB591-ASA3,19,1513 46.98 (1) (b) "Gainfully employed" means working , or seeking employment or
14participating in a training or educational program designed to lead directly to paid
15employment
.
AB591-ASA3, s. 51 16Section 51. 46.98 (1) (bd) and (bf) of the statutes are created to read:
AB591-ASA3,19,1817 46.98 (1) (bd) "Level I certified family day care provider" means a day care
18provider certified under s. 48.651 (1) (a).
AB591-ASA3,19,2019 (bf) "Level II certified family day care provider" means a day care provider
20certified under s. 48.651 (1) (b).
AB591-ASA3, s. 51c 21Section 51c. 46.98 (1) (cm) of the statutes is created to read:
AB591-ASA3,19,2222 46.98 (1) (cm) "Poverty line" has the meaning given in s. 46.30 (1) (c).
AB591-ASA3, s. 52 23Section 52. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
24is amended to read:
AB591-ASA3,20,8
146.98 (2) (a) The department shall distribute the funds allocated under s. 46.40
2(1) and (2m) (c) (4m) for at-risk, low-income and respite child care services under
3subs. (2m) and (4g) to county departments under s. 46.215, 46.22 or 46.23. In
4addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m)
5(c)
and (4m) for low-income and respite at-risk child care services under sub. subs.
6(2m) and
(3) to private nonprofit child care providers who provide child care for the
7children of migrant workers and to county departments under s. 46.215, 46.22 or
846.23
.
AB591-ASA3, s. 53 9Section 53. 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act
1027
, is amended to read:
AB591-ASA3,20,1811 46.98 (2m) (a) Except as provided in sub. (2) (c), funds distributed under sub.
12(2) for at-risk child care may only be used for the purposes specified in this
13paragraph. The funds shall be used to provide care for all or part of a day for children
14under age 13 of persons who need child care to be able to work, who are not receiving
15aid to families with dependent children and who are at risk of becoming eligible for
16aid to families with dependent children if child care under this subsection is not
17provided. No funds distributed under sub. (2) may be used to provide care for a child
18by a person who resides with the child.
AB591-ASA3, s. 54 19Section 54. 46.98 (3) (c) of the statutes is amended to read:
AB591-ASA3,21,820 46.98 (3) (c) From the funds distributed under sub. (2) for low-income child
21care, a county may provide day care services itself or it may purchase day care
22services from a child care provider. In addition, from the funds distributed under
23sub. (2) for low-income child care, each county shall, subject to the availability of
24funds, provide day care by offering to each eligible parent a voucher for the payment
25of day care services provided by a child care provider. Each county shall allocate all

1or a portion of its day care funding for payment of vouchers. An eligible parent may
2choose whether the care will be provided by a Level I certified family day care
3provider or a Level II certified family day care provider or
in a day care center, in the
4home of another person or, subject to the county's approval, in the parent's home. A
5parent who uses vouchers for the payment of day care services may supplement the
6maximum rate for day care services set under sub. (4) (d), (dg) or (dm) or, if a higher
7rate for day care services is set under sub. (4) (e), the rate set under sub. (4) (e),
8whichever is applicable.
AB591-ASA3, s. 55g 9Section 55g. 46.98 (4) (a) 2. of the statutes is amended to read:
AB591-ASA3,21,1410 46.98 (4) (a) 2. A Except as provided in par. (am), a parent who is gainfully
11employed, or who is less than 20 years of age and is enrolled in an educational
12program,
who is in need of child care services and whose family income is equal to
13or less than 75% of the state median income. The department shall annually
14determine the state median income.
AB591-ASA3, s. 55m 15Section 55m. 46.98 (4) (am) of the statutes is created to read:
AB591-ASA3,21,2016 46.98 (4) (am) A parent who is gainfully employed, or who is less than 20 years
17of age and is enrolled in an educational program, who is in need of child care services
18and who applies for aid on or after the effective date of this paragraph .... [revisor
19inserts date], is eligible for aid under this section if the family income of the applicant
20is equal to or less than 165% of the poverty line.
AB591-ASA3, s. 56 21Section 56. 46.98 (4) (b) of the statutes is renumbered 46.98 (4) (b) (intro.) and
22amended to read:
AB591-ASA3,22,223 46.98 (4) (b) (intro.) Parents Subject to a modification made pursuant to par.
24(bm), and except as provided in par. (bt), individuals
receiving aid under sub. (3)
25whose family income is equal to or greater than 50% of the state median income are

1liable for the following percentages of the cost of child care received, payable in
2accordance with a schedule developed by the department based on ability to pay.
:
AB591-ASA3, s. 56c 3Section 56c. 46.98 (4) (b) 1., 2. and 3. of the statutes are created to read:
AB591-ASA3,22,54 46.98 (4) (b) 1. For an individual with an income equal to or less than 75% of
5the poverty line, 7.5%.
AB591-ASA3,22,76 2. For an individual with an income greater than 75% of the poverty line and
7not greater than 95% of the poverty line, 10%.
AB591-ASA3,22,118 3. For an individual with an income greater than 95% of the poverty line, 10%,
9plus 1.2857% for every percentage point by which the individual's income exceeds
1095% of the poverty line, except that no individual may be required to pay more than
11100% of the cost of the child care.
AB591-ASA3, s. 56d 12Section 56d. 46.98 (4) (bm) of the statutes is created to read:
AB591-ASA3,22,2213 46.98 (4) (bm) The department may submit a proposal to the joint committee
14on finance to modify the percentages under par. (b). If, within 14 days after the date
15of receipt of the department's proposal, the cochairpersons of the committee do not
16notify the secretary that the committee has scheduled a meeting for the purpose of
17reviewing the proposed modifications, the department may make the modifications
18specified in the proposal. If, within 14 days after the date of receipt of the
19department's proposal, the cochairpersons of the committee notify the secretary that
20the committee has scheduled a meeting for the purpose of reviewing the proposed
21modifications, the department may not make the modifications specified in the
22proposal until the committee approves the proposal.
AB591-ASA3, s. 56f 23Section 56f. 46.98 (4) (bt) of the statutes is created to read:
AB591-ASA3,23,3
146.98 (4) (bt) An individual receiving aid under sub. (3) on the effective date
2of this paragraph .... [revisor inserts date], shall be liable for a portion of the cost of
3child care calculated as follows:
AB591-ASA3,23,64 1. The department shall determine the amount for which the individual was
5liable under s. 46.98 (4) (b), 1993 stats., immediately before the effective date of this
6paragraph .... [revisor inserts date].
AB591-ASA3,23,87 2. The department shall determine the amount for which the individual is
8liable under par. (b).
AB591-ASA3,23,109 3. The department shall subtract the amount determined under subd. 1. from
10the amount determined under subd. 2.
AB591-ASA3,23,1511 4. If the amount determined under subd. 3. is zero or less, the individual's
12liability shall be the amount determined under par. (b). If the amount determined
13under subd. 3 is greater than zero, the department shall add to the amount
14determined under subd. 1. the product of the amount determined under subd. 3
15multiplied by the following percentage:
AB591-ASA3,23,1716 a. Beginning on July 1, 1996, or on the effective date of this subd. 4. a. ....
17[revisor inserts date], whichever is later, and ending on October 31, 1996, 25%.
AB591-ASA3,23,1818 b. Beginning on November 1, 1996, and ending on February 28, 1997, 50%.
AB591-ASA3,23,2019 c. Beginning on March 1, 1997, and ending on June 30, 1997, or on the day
20specified under s. 49.141 (2) (d), whichever is later, 75%.
AB591-ASA3, s. 56g 21Section 56g. 46.98 (4) (bu) of the statutes is created to read:
AB591-ASA3,23,2322 46.98 (4) (bu) Paragraph (bt) does not apply beginning on July 1, 1997, or on
23the date specified under s. 49.141 (2) (d), whichever is later.
AB591-ASA3, s. 57 24Section 57. 46.98 (4) (d) of the statutes is amended to read:
AB591-ASA3,24,10
146.98 (4) (d) Each county shall annually set a maximum rate that it will pay
2for licensed day care services provided to eligible parents, other than licensed day
3care services for which a rate, if any, is established under par. (e). A county shall set
4its maximum rate under this paragraph so that at least 75% of the number of places
5for children within the licensed or certified capacity of all child care providers in that
6county can be purchased at or below that maximum rate. The department shall
7annually review each county's rate and shall approve it if the department finds that
8the rate is set at a reasonable and customary level which does not preclude an eligible
9parent from having a reasonable selection of child care providers. The department
10shall promulgate by rule a procedure and criteria for approving county rates.
AB591-ASA3, s. 58 11Section 58. 46.98 (4) (dg) and (dm) of the statutes are created to read:
AB591-ASA3,24,1512 46.98 (4) (dg) Each county shall set a maximum rate that it will pay for Level
13I certified family day care providers for services provided to eligible parents. The
14maximum rate set under this paragraph may not exceed 75% of the rate established
15under par. (d).
AB591-ASA3,24,1916 (dm) Each county shall set a maximum rate that it will pay for Level II certified
17family day care providers for services provided to eligible parents. The maximum
18rate set under this paragraph may not exceed 50% of the rate established under par.
19(d).
AB591-ASA3, s. 59 20Section 59. 46.98 (4g) (b) of the statutes is amended to read:
AB591-ASA3,25,721 46.98 (4g) (b) From the funds distributed under sub. (2) for respite child care,
22a county may provide child care services itself or it may purchase child care services
23from a child care provider. In addition, from the funds distributed under sub. (2) for
24respite child care, each county shall, subject to the availability of funds, provide child
25care by offering to each eligible parent a voucher for the payment of child care

1services provided by a child care provider. Each county shall allocate all or a portion
2of its child care funding for payment of vouchers. A parent who uses vouchers for the
3payment of child care services may supplement the maximum rate for child care
4services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for child care services
5is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable. The
6county may choose the child care provider for a child whose child care is funded under
7par. (a).
AB591-ASA3, s. 60 8Section 60. 46.98 (6) of the statutes is created to read:
AB591-ASA3,25,109 46.98 (6) Sunset. This section does not apply beginning on the first day of the
106th month beginning after the date specified in the notice under s. 49.141 (2) (d).
AB591-ASA3, s. 61 11Section 61. 46.986 (1) (b) of the statutes is amended to read:
AB591-ASA3,25,1412 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am)
13means a provider licensed under s. 48.65, certified under s. 48.651 or established or
14contracted for under s. 120.13 (14)
.
AB591-ASA3, s. 62 15Section 62. 46.986 (1) (m) of the statutes is amended to read:
AB591-ASA3,25,1816 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent,
17guardian, foster parent, treatment foster parent, legal custodian or a person acting
18in the place of a parent
.
AB591-ASA3, s. 63 19Section 63. 46.987 (1) (a) of the statutes is amended to read:
AB591-ASA3,25,2220 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am)
21means a provider licensed under s. 48.65, certified under s. 48.651 or established or
22contracted for under s. 120.13 (14)
.
AB591-ASA3, s. 64 23Section 64. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
24is amended to read:
AB591-ASA3,26,7
146.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may
2award grants to child care providers that meet the quality of care standards
3established under s. 46.98 (4) (e) or 49.155 (6) to improve the retention of skilled and
4experienced child care staff. In awarding grants under this subsection, the
5department shall consider the applying child care provider's total enrollment of
6children and average enrollment of children who receive or are eligible for publicly
7funded care from the child care provider.
AB591-ASA3, s. 65 8Section 65. 46.995 (2) (c) of the statutes is amended to read:
AB591-ASA3,26,119 46.995 (2) (c) Highest rate, by county population, of participation in the aid to
10families with dependent children program under s. 49.19 or the Wisconsin works
11program under s. 49.147 (3) to (5)
.
AB591-ASA3, s. 66 12Section 66. 48.40 (1m) of the statutes is created to read:
AB591-ASA3,26,1413 48.40 (1m) "Kinship care relative" means a person receiving payments under
14s. 48.57 (3m) (a) for providing care and maintenance for a child.
AB591-ASA3, s. 67 15Section 67. 48.427 (3) (a) 5. of the statutes is amended to read:
AB591-ASA3,26,1716 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed
17a petition to adopt the child or if the relative is a kinship care relative.
AB591-ASA3, s. 68 18Section 68. 48.428 (2) of the statutes is amended to read:
AB591-ASA3,27,219 48.428 (2) When a court places a child in sustaining care after an order under
20s. 48.427, the court shall transfer legal custody of the child to the county department
21or a licensed child welfare agency, transfer guardianship of the child to an agency
22listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster
23parent or, licensed treatment foster parent or kinship care relative with whom the
24child has resided for 6 months or longer. Pursuant to such a placement, this licensed

1foster parent or, licensed treatment foster parent or kinship care relative shall be a
2sustaining parent with the powers and duties specified in sub. (3).
AB591-ASA3, s. 69 3Section 69. 48.428 (4) of the statutes is amended to read:
AB591-ASA3,27,134 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent
5or kinship care relative may be appointed as a sustaining parent, the foster parent
6or, treatment foster parent or kinship care relative shall execute a contract with the
7agency responsible for providing services to the child, in which the foster parent or,
8treatment foster parent or kinship care relative agrees to provide care for the child
9until the child's 18th birthday unless the placement order is changed by the court
10because the court finds that the sustaining parents are no longer able or willing to
11provide the sustaining care or the court finds that the behavior of the sustaining
12parents toward the child would constitute grounds for the termination of parental
13rights if the sustaining parent was the birth parent of the child.
AB591-ASA3, s. 70d 14Section 70d. 48.57 (3m) of the statutes is created to read:
AB591-ASA3,27,1515 48.57 (3m) (a) In this subsection:
AB591-ASA3,27,1616 1. "Department" means the department of industry, labor and job development.
AB591-ASA3,27,2117 2. "Kinship care relative" means a stepparent, brother, sister, stepbrother,
18stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding
19generation as denoted by the prefix of grand, great or great-great, whether by
20consanguinity, direct affinity or legal adoption, or the spouse of any person named
21in this subdivision, even if the marriage is terminated by death or divorce.
AB591-ASA3,27,2422 (am) From the appropriations under s. 20.445 (3) (d) and (p), the department
23shall make payments in the amount of $215 per month to a kinship care relative who
24is providing care and maintenance for a child if all of the following conditions are met:
AB591-ASA3,28,4
11. The kinship care relative applies to the county department for payments
2under this subsection and the county department determines that there is a need for
3the child to be placed with the kinship care relative and that the placement with the
4kinship care relative is in the best interests of the child.
AB591-ASA3,28,75 2. The county department determines that the child meets one or more of the
6criteria specified in s. 48.13 or 938.13 or that the child would be at risk of meeting
7one or more of those criteria if the child were to remain in his or her home.
AB591-ASA3,28,148 4. The county department conducts a background investigation under sub. (3p)
9of the kinship care relative, the employes and prospective employes of the kinship
10care relative who have or would have regular contact with the child for whom the
11payments would be made and any other adult resident of the kinship care relative's
12home to determine if the kinship care relative or adult resident has any arrests or
13convictions that could adversely affect the child or the kinship care relative's ability
14to care for the child.
AB591-ASA3,28,2015 4m. Subject to sub. (3p) (fm), the kinship care relative states that he or she does
16not have any arrests or convictions that could adversely affect the child or the kinship
17care relative's ability to care for the child and that no adult resident, as defined in
18sub. (3p) (a), and no employe or prospective employe of the kinship care relative who
19would have regular contact with the child has any arrests or convictions that could
20adversely affect the child or the kinship care relative's ability to care for the child.
AB591-ASA3,28,2321 5. The kinship care relative cooperates with the county department in the
22application process, including applying for other forms of assistance for which the
23kinship care relative may be eligible.
AB591-ASA3,29,3
1(b) 1. The county department shall refer to the attorney responsible for support
2enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom
3a payment is made under par. (am).
AB591-ASA3,29,144 2. When any kinship care relative of a child applies for or receives payments
5under this subsection, any right of the child or the child's parent to support or
6maintenance from any other person, including any right to unpaid amounts accrued
7at the time of application and any right to amounts accruing during the time that
8payments are made under this subsection, is assigned to the state. If a child who is
9the beneficiary of a payment under this subsection is also the beneficiary of support
10under a judgment or order that includes support for one or more children who are not
11the beneficiaries of payments under this subsection, any support payment made
12under the judgment or order is assigned to the state in the amount that is the
13proportionate share of the child who is the beneficiary of the payment made under
14this subsection, except as otherwise ordered by the court on the motion of a party.
AB591-ASA3,29,1715 (c) The county department shall require the parent or parents of a child for
16whom a payment is made under par. (am) to initiate or continue health care
17insurance coverage for the child.
AB591-ASA3,29,1918 (cm) A kinship care relative who receives a payment under par. (am) is not
19eligible to receive a payment under s. 48.62 (4).
AB591-ASA3,29,2520 (d) The county department shall review a placement of a child for which the
21department of industry, labor and job development makes payments under par. (am)
22not less than every 12 months after the department of industry, labor and job
23development begins making those payments to determine whether the conditions
24specified in par. (am) continue to exist. If those conditions do not continue to exist,
25the department shall discontinue making those payments.
Loading...
Loading...