Amendment ASA1-AB133

AB133-ASA1, s. 1148 Section 1148. 48.62 (1) (a) of the statutes is amended to read:

AB133-ASA1,650,14 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or more than 4 children if all of the children are siblings, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department or a licensed child welfare agency as provided in s. 48.75.

AB133-ASA1, s. 1148g Section 1148g. 48.62 (4) of the statutes is amended to read:

AB133-ASA1,651,2 48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 1998 2000, the age-related rates are: $289 $299 for children aged 4 and under; $315 $326 for children aged 5 to 11; $358 $371 for children aged 12 to 14 and $374 $387 for children aged 15 to 17. Beginning on January 1, 1999 2001, the age-related rates are: $296 $302 for children aged 4 and under; $323 $329 for children aged 5 to 11; $367 $375 for children aged 12 to 14; and $383 $391 for children aged 15 to 17. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home and initial clothing allowances according to rules promulgated by the department.

AB133-ASA1, s. 1148m Section 1148m. 48.63 (3) of the statutes is amended to read:

AB133-ASA1,651,6 48.63 (3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under ss. 48.833 (1), 48.835, 48.837 and 48.839.

AB133-ASA1, s. 1148p Section 1148p. 48.64 (1m) of the statutes is amended to read:

AB133-ASA1,651,25 48.64 (1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833 (1), unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.

AB133-ASA1, s. 1160d Section 1160d. 48.685 (1) (bg) of the statutes is amended to read:

AB133-ASA1,652,4 48.685 (1) (bg) "Foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB133-ASA1, s. 1160g Section 1160g. 48.685 (1) (d) of the statutes is amended to read:

AB133-ASA1,652,8 48.685 (1) (d) "Treatment foster home" includes a placement for adoption under s. 48.833 (1) of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB133-ASA1, s. 1171 Section 1171. 48.685 (2) (bm) of the statutes is amended to read:

AB133-ASA1,652,16 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department, county department, child welfare agency, school board or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

AB133-ASA1, s. 1181 Section 1181. 48.685 (8) of the statutes is amended to read:

AB133-ASA1,652,24 48.685 (8) The department, a county department, a child welfare agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB133-ASA1, s. 1189p Section 1189p. 48.75 (1g) (a) 4. of the statutes is amended to read:

AB133-ASA1,653,3 48.75 (1g) (a) 4. The county of the public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under s. 48.833 (1), 48.835 or 48.837.

AB133-ASA1, s. 1191 Section 1191. 48.825 (3) (b) of the statutes is amended to read:

AB133-ASA1,653,6 48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.

AB133-ASA1, s. 1192 Section 1192. 48.825 (3) (c) of the statutes is repealed.

AB133-ASA1, s. 1192g Section 1192g. 48.833 of the statutes is renumbered 48.833 (1) and amended to read:

AB133-ASA1,653,15 48.833 (1) Adoptive placement. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child.

AB133-ASA1,653,21 (2) Consideration of placement with relative. Before placing a child for adoption under this subsection sub. (1), the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or child welfare agency.

AB133-ASA1,654,2 (4) Written agreement. When a child is placed under this section sub. (1) in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

AB133-ASA1, s. 1192j Section 1192j. 48.833 (3) of the statutes is created to read:

AB133-ASA1,654,21 48.833 (3) Child with special needs. In placing a child with special needs, as defined by rule promulgated under s. 48.975 (5) (b), for adoption under sub. (1), the department, county department or child welfare agency making the placement may not consider the location of a proposed adoptive parent's residence as a factor in making that placement unless the department, county department or child welfare agency determines that consideration of that factor is necessary to ensure the best interests of the child in light of the child's need for care or treatment to meet those special needs. If the department, county department or child welfare agency considers the location of a prospective adoptive parent's residence as a factor in placing a child with special needs, the department, county department or child welfare agency shall document the reasons why that consideration is necessary in the child's permanency plan as provided in s. 48.38 (4) (dm). If the department, county department or child welfare agency does not consider the location of a prospective adoptive parent's residence as a factor in placing a child with special needs and the child is placed more than 60 miles from the child's home, the department, county department or child welfare agency shall document the reasons why that consideration is not necessary in the child's permanency plan as provided in s. 48.38 (4) (d) 1m.

AB133-ASA1, s. 1192m Section 1192m. 48.913 (2) (c) 3. of the statutes is amended to read:

AB133-ASA1,654,25 48.913 (2) (c) 3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under s. 48.833 (1).

AB133-ASA1, s. 1199d Section 1199d. 48.982 (2) (d) of the statutes is amended to read:

AB133-ASA1,655,8 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph , other than moneys received under s. 341.14 (6r) (b) 6., may be deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys Interest earned on moneys received under s. 341.14 (6r) (b) 6. may be credited to the appropriation accounts under s. 20.433 (1) (q) or (r).

AB133-ASA1, s. 1200d Section 1200d. 48.982 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1,655,14 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6. and appropriated under s. 20.433 (1) (q) or (r), the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB133-ASA1, s. 1201 Section 1201. 48.985 (2) of the statutes is amended to read:

AB133-ASA1,655,23 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 $3,964,400 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

AB133-ASA1, s. 1203 Section 1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB133-ASA1,656,4 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (4) (bt), an amount for that year determined as follows:

AB133-ASA1, s. 1204 Section 1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:

AB133-ASA1,656,11 49.025 (2) (a) 1. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under s. 20.435 (4) (h).

AB133-ASA1, s. 1205 Section 1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB133-ASA1,656,16 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (bu) (4) (bt), an amount for that year determined as follows:

AB133-ASA1, s. 1206 Section 1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB133-ASA1,656,20 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (5) (bu) (4) (bt) for relief block grants for that year.

AB133-ASA1, s. 1207 Section 1207. 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,657,5 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (bs) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB133-ASA1, s. 1209 Section 1209. 49.124 (1g) (a) of the statutes is amended to read:

AB133-ASA1,657,16 49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB133-ASA1, s. 1209q Section 1209q. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1,657,21 49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

AB133-ASA1, s. 1211d Section 1211d. 49.136 (2) (b) of the statutes is amended to read:

AB133-ASA1,658,4 49.136 (2) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).

AB133-ASA1, s. 1213 Section 1213. 49.1375 of the statutes is created to read:

AB133-ASA1,658,14 49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

AB133-ASA1,658,22 (2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

AB133-ASA1, s. 1213g Section 1213g. 49.138 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1,659,14 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

AB133-ASA1, s. 1213h Section 1213h. 49.138 (1m) (am) of the statutes is created to read:

AB133-ASA1,659,19 49.138 (1m) (am) The family is experiencing a financial crisis that makes it very difficult for the family to make a rent payment, mortgage payment or property tax payment and the family has been notified that it will be required to leave its current housing if it does not make that payment immediately.

AB133-ASA1, s. 1214 Section 1214. 49.141 (2) of the statutes is repealed.

AB133-ASA1, s. 1215 Section 1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).

AB133-ASA1, s. 1216 Section 1216. 49.141 (2g) (b) of the statutes is repealed.

AB133-ASA1, s. 1216m Section 1216m. 49.141 (4) of the statutes is amended to read:

AB133-ASA1,660,2 49.141 (4) Nonentitlement. Notwithstanding Except as provided in s. 49.145 (3m), notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

AB133-ASA1, s. 1217 Section 1217. 49.143 (1) (a) of the statutes is amended to read:

AB133-ASA1,660,8 49.143 (1) (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph before the date that is specified in s. 49.141 (2) (d).

AB133-ASA1, s. 1218 Section 1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to read:

AB133-ASA1,660,18 49.143 (1) (am) 1. The department shall contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department in accordance with sub. (3), during the immediately preceding contract period. The contract shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under this subdivision if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election.

AB133-ASA1, s. 1219 Section 1219. 49.143 (1) (am) 2. of the statutes is amended to read:

AB133-ASA1,660,23 49.143 (1) (am) 2. A county or tribal governing body Wisconsin works agency that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under par. (a).

AB133-ASA1, s. 1220 Section 1220. 49.143 (1) (at) of the statutes is repealed.

AB133-ASA1, s. 1220m Section 1220m. 49.143 (2) (a) 7. of the statutes is amended to read:

AB133-ASA1,661,3 49.143 (2) (a) 7. Coordinate with the governor's council on workforce excellence under s. 106.115 council on workforce investment established under 29 USC 2821 to ensure compatibility of purpose and no duplication of effort.

AB133-ASA1, s. 1221 Section 1221. 49.143 (2) (cr) of the statutes is amended to read:

AB133-ASA1,661,21 49.143 (2) (cr) Provide, or contract with another person to provide, budgeting and financial planning services, including credit establishment and credit repair assistance training to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.

AB133-ASA1, s. 1221h Section 1221h. 49.143 (2) (ct) of the statutes is created to read:

AB133-ASA1,661,25 49.143 (2) (ct) Return to the department an amount equal to the total amount of benefits withheld under s. 49.148 for missed work or education and training activities.

AB133-ASA1, s. 1222 Section 1222. 49.143 (2) (e) of the statutes is amended to read:

AB133-ASA1,662,7 49.143 (2) (e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029. If the department receives the federal waiver necessary to enforce the contract provision under this paragraph, the department shall submit to the joint committee on finance the terms of the waiver and an implementation plan prior to enforcing the contract provision under this paragraph.

AB133-ASA1, s. 1224c Section 1224c. 49.143 (3) of the statutes is amended to read:

AB133-ASA1,662,14 49.143 (3) Performance standards. The In consultation with the statewide advisory group and special work groups established under sub. (3m), the department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold or recover any or all payment from the Wisconsin works agency.

AB133-ASA1, s. 1224d Section 1224d. 49.143 (3g) of the statutes is created to read:

AB133-ASA1,662,18 49.143 (3g) Performance bonuses. (a) The department shall base any performance bonus calculation that it makes for Wisconsin works agencies on all of the following performance criteria:

AB133-ASA1,662,20 1. The placement of applicants for and participants in Wisconsin works employment positions into unsubsidized employment, as defined in s. 49.147 (1) (c).

AB133-ASA1,662,21 2. Whether the placement under subd. 1. is full time or part time.

AB133-ASA1,662,23 3. The job retention rate, as defined by the department, of former applicants for, and former participants in, Wisconsin works employment positions.

AB133-ASA1,662,25 4. Wages and benefits earned by former applicants for, and former participants in, Wisconsin works employment positions.

AB133-ASA1,663,1 5. Appropriate implementation of Wisconsin works.

AB133-ASA1,663,2 6. Customer satisfaction.

AB133-ASA1,663,5 (b) The department may not base any performance bonus payments on caseload decreases, or reduced spending by the Wisconsin works agency, that are not directly attributable to placement of participants in unsubsidized employment.