Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,152,12 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131ir Section 1131ir. 48.357 (4d) of the statutes is created to read:

AB133-SSA1-SA1,152,18 48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's placement to a placement in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, if the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,153,2 (am) Except as provided in par (b), if a parent in whose home a child is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the child's placement to a placement out of the home of the parent on petition of the child, the guardian or legal custodian of the child, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,153,5 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,153,6 601. Page 647, line 9: after that line insert:

AB133-SSA1-SA1,153,7 " Section 1131p. 48.415 (8) of the statutes is amended to read:

AB133-SSA1-SA1,153,20 48.415 (8) Intentional or reckless homicide Homicide or solicitation to commit homicide of parent. Intentional or reckless Homicide or solicitation to commit homicide of a parent, which shall be established by proving that a parent of the child has been a victim of first-degree intentional homicide in violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02 or 2nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law or the law of any other state that is comparable to a crime specified in this subsection any of those crimes, or has been the intended victim of a solicitation to commit first-degree intentional homicide in violation of s. 939.30 or a crime under federal law or the law of any other state that is comparable to that crime, and that the person whose parental rights are sought to be terminated has been convicted of that intentional or reckless homicide, solicitation or crime under federal law or the law of any other state as evidenced by a final judgment of conviction.".

AB133-SSA1-SA1,153,21 602. Page 647, line 9: after that line insert:

AB133-SSA1-SA1,153,22 " Section 1131p. 48.42 (1m) (b) of the statutes is amended to read:

AB133-SSA1-SA1,154,4 48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s. 48.422 (1).

AB133-SSA1-SA1, s. 1131pd Section 1131pd. 48.42 (1m) (c) of the statutes is amended to read:

AB133-SSA1-SA1,154,12 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

AB133-SSA1-SA1, s. 1131pg Section 1131pg. 48.42 (1m) (e) of the statutes is created to read:

AB133-SSA1-SA1,154,19 48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,154,22 2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-SSA1-SA1, s. 1131pm Section 1131pm. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and amended to read:

AB133-SSA1-SA1,155,2 48.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.

AB133-SSA1-SA1, s. 1131pp Section 1131pp. 48.428 (6) (b) of the statutes is created to read:

AB133-SSA1-SA1,155,9 48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,155,18 1m. Except as provided in subd. 2., if a birth parent who is granted visitation rights with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.

AB133-SSA1-SA1,155,21 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,155,22 603. Page 649, line 21: after that line insert:

AB133-SSA1-SA1,155,23 " Section 1142g. 48.57 (3m) (f) of the statutes is amended to read:

AB133-SSA1-SA1,156,7 48.57 (3m) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5. or to 6. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.".

AB133-SSA1-SA1,156,8 604. Page 650, line 5: after that line insert:

AB133-SSA1-SA1,156,9 " Section 1145g. 48.57 (3n) (f) of the statutes is amended to read:

AB133-SSA1-SA1,156,16 48.57 (3n) (f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition any of the conditions specified in par. (am) 1., 2., 5., 5m. or to 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB133-SSA1-SA1, s. 1145h Section 1145h. 48.57 (3p) (fm) 1. of the statutes is amended to read:

AB133-SSA1-SA1,157,6 48.57 (3p) (fm) 1. The county department or, in a county having a population of 500,000 or more, the department of health and family services may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department or department of health and family services may not finally approve the making of payments under sub. (3m) unless the county department or department of health and family services receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. or payment is approved under par. (h) 4. The county department or department of health and family services may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB133-SSA1-SA1, s. 1145j Section 1145j. 48.57 (3p) (g) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,157,14 48.57 (3p) (g) (intro.) Except as provided in par. (h), the A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

AB133-SSA1-SA1, s. 1145m Section 1145m. 48.57 (3p) (h) of the statutes is repealed.

AB133-SSA1-SA1, s. 1145p Section 1145p. 48.57 (3t) of the statutes is amended to read:

AB133-SSA1-SA1,158,2 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB133-SSA1-SA1,158,3 605. Page 654, line 25: after that line insert:

AB133-SSA1-SA1,158,4 " Section 1195m. 48.981 (7) (b) of the statutes is amended to read:

AB133-SSA1-SA1,158,9 48.981 (7) (b) Notwithstanding par. (a), either parent of a child may authorize the disclosure of a record for use in a child custody proceeding under s. 767.24 or 767.325 or in an adoption proceeding under s. 48.833 (1), 48.835, 48.837 or 48.839 when the child has been the subject of a report. Any information that would identify a reporter shall be deleted before disclosure of a record under this paragraph.".

AB133-SSA1-SA1,158,10 606. Page 654, line 25: after that line insert:

AB133-SSA1-SA1,158,11 " Section 1192p. 48.925 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,158,19 48.925 (1) (intro.) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:

AB133-SSA1-SA1, s. 1192r Section 1192r. 48.925 (1m) of the statutes is created to read:

AB133-SSA1-SA1,159,2 48.925 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,159,9 (am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.

AB133-SSA1-SA1,159,12 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.".

AB133-SSA1-SA1,159,13 607. Page 657, line 21: after that line insert:

AB133-SSA1-SA1,159,14 " Section 1209qt. 49.124 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,159,18 49.124 (2) (a) A county, or federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's, or tribe's or Wisconsin works agency's direct control, except as provided in par. (b).

AB133-SSA1-SA1, s. 1209qu Section 1209qu. 49.124 (2) (b) of the statutes is amended to read:

AB133-SSA1-SA1,159,23 49.124 (2) (b) A county, or federally recognized American Indian tribe or Wisconsin works agency is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.

AB133-SSA1-SA1, s. 1209qv Section 1209qv. 49.124 (2) (c) of the statutes is amended to read:

AB133-SSA1-SA1,160,5 49.124 (2) (c) A county, or federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county, or members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county, or tribe or Wisconsin works agency.

AB133-SSA1-SA1, s. 1209qw Section 1209qw. 49.125 (1) of the statutes is amended to read:

AB133-SSA1-SA1,160,12 49.125 (1) The department, or a county , or an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k), or 46.22 (1) (b) 2. d. or 49.143 (2) (e). Recovery shall be made in accordance with 7 USC 2022.".

AB133-SSA1-SA1,160,13 608. Page 657, line 21: after that line insert:

AB133-SSA1-SA1,160,14 " Section 1209qm. 49.124 (1m) (e) of the statutes is created to read:

AB133-SSA1-SA1,160,17 49.124 (1m) (e) 1. In this paragraph, "area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, village or town; or a federally recognized American Indian reservation.

AB133-SSA1-SA1,160,21 2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under par. (a) for any group of individuals, to the extent permitted under federal law, for whom any of the following is true:

AB133-SSA1-SA1,160,23 a. The group resides in an area determined by the department to have an unemployment rate of over 10%.

AB133-SSA1-SA1,161,2 b. The group resides in an area that the department determines does not have a sufficient number of jobs to provide employment for that group of individuals.

AB133-SSA1-SA1,161,4 3. If the waiver under subd. 2. is granted and in effect, the department shall implement the waiver.".

AB133-SSA1-SA1,161,5 609. Page 661, line 5: delete "budgeting".

AB133-SSA1-SA1,161,7 610. Page 661, line 6: delete that line and substitute "credit establishment and credit repair".

AB133-SSA1-SA1,161,9 611. Page 661, line 7: delete "assistance training" and substitute "assistance".

AB133-SSA1-SA1,161,10 612. Page 662, line 1: delete lines 1 to 7 and substitute:

AB133-SSA1-SA1,161,11 " Section 1222b. 49.143 (2) (e) of the statutes is repealed.".

AB133-SSA1-SA1,161,12 613. Page 662, line 7: after that line insert:

AB133-SSA1-SA1,161,13 " Section 1222g. 49.143 (2) (es) of the statutes is created to read:

AB133-SSA1-SA1,161,19 49.143 (2) (es) Provide to every individual who requests assistance from the Wisconsin works agency a single-page description of all of the benefits and services that may be provided to any individual by the Wisconsin works agency. The department shall develop the description and distribute it to all Wisconsin works agencies. The department shall update the description as frequently as necessary to reflect all benefits and services that may be offered by Wisconsin works agencies.".

AB133-SSA1-SA1,161,22 614. Page 662, line 11: after "works." insert "In establishing the performance standards, the department may not consider the degree to which any Wisconsin works agency contracts with faith-based providers.".

AB133-SSA1-SA1,161,23 615. Page 662, line 11: after "standards" insert "by rule".

AB133-SSA1-SA1,162,3 616. Page 662, line 11: after "works." insert "In developing the standards, the department shall consult with the appropriate standing committees of the legislature and shall consider all of the criteria specified under sub. (3g).".

AB133-SSA1-SA1,162,4 617. Page 663, line 5: after that line insert:

AB133-SSA1-SA1,162,6 "(bg) The department may not base any performance bonus payments on a Wisconsin works agency's decision whether to contract with faith-based providers.".

AB133-SSA1-SA1,162,7 618. Page 664, line 6: after that line insert:

AB133-SSA1-SA1,162,8 " Section 1226v. 49.145 (3) (b) 1. of the statutes is amended to read:

AB133-SSA1-SA1,162,15 49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the internal revenue code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the internal revenue code, as defined in s. 71.01 (6), and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.".

AB133-SSA1-SA1,162,16 619. Page 666, line 15: delete "and (av)" and substitute "(av), and sub. (5m)".

AB133-SSA1-SA1,162,17 620. Page 668, line 4: after that line insert:

AB133-SSA1-SA1,162,18 " Section 1229qc. 49.147 (6) (a) 2. of the statutes is amended to read:

AB133-SSA1-SA1,162,21 49.147 (6) (a) 2. The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair or purchase a vehicle that is needed to obtain or continue employment.".

AB133-SSA1-SA1,162,22 621. Page 668, line 4: after that line insert:

AB133-SSA1-SA1,162,23 " Section 1233g. 49.147 (5) (bs) of the statutes is amended to read:

AB133-SSA1-SA1,163,6 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. A Except as provided in sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week.

AB133-SSA1-SA1, s. 1233m Section 1233m. 49.147 (5m) of the statutes is created to read:

AB133-SSA1-SA1,163,12 49.147 (5m) Postsecondary education. (a) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may elect to participate in a self-initiated technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:

AB133-SSA1-SA1,163,16 1. The Wisconsin works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.

AB133-SSA1-SA1,163,19 2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.

AB133-SSA1-SA1,163,21 3. The participant maintains a grade point average of at least a 2.0, or the equivalent as determined by the technical college.