Amendment ASA1-AB64

AB64-ASA1,489,18 48.981 (3) (c) 5r. Within 15 days after a final determination is made under subd. 5m. that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination, within 15 days after a final decision is made under subd. 5p. determining that a specific person has abused or neglected a child, the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department shall provide the subunit of the department that administers s. ss. 48.685 and 48.686 with information about the person who has been determined to have abused or neglected the child.

AB64-ASA1,835t Section 835t. 48.981 (3) (cr) of the statutes is created to read:

AB64-ASA1,489,24 48.981 (3) (cr) Contracts to perform child protective services. 1. With the approval of the department, a county department may contract with one or more county departments or the department in a county having a population of 750,000 or more under s. 66.0301 to fulfill the county department's duties under this subsection and sub. (3m).

AB64-ASA1,490,3 2. The department in a county having a population of 750,000 or more may contract with one or more county departments under s. 66.0301 to fulfill the department's duties under this subsection and sub. (3m).

AB64-ASA1,836 Section 836 . 48.981 (7) (cp) of the statutes is amended to read:

AB64-ASA1,490,11 48.981 (7) (cp) Notwithstanding par. (a), an agency may disclose a determination made before January 1, 2015, that a person has abused or neglected a child for purposes of a background check under s. 48.685, 48.686, or 50.065 only if that determination has not been reversed or modified on appeal and may disclose such a determination made on or after January 1, 2015, for those purposes only as provided in sub. (3) (c) 5r. Nothing in this paragraph prevents the disclosure of a report or record as otherwise permitted under this subsection.

AB64-ASA1,837 Section 837 . 49.133 (1m) (a) of the statutes is amended to read:

AB64-ASA1,490,22 49.133 (1m) (a) If a child care provider is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department or a county department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program beginning on the date of the conviction or delinquency adjudication.

AB64-ASA1,838 Section 838 . 49.133 (1m) (b) of the statutes is amended to read:

AB64-ASA1,491,9 49.133 (1m) (b) If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department or county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB64-ASA1,839 Section 839 . 49.133 (2m) (intro.) of the statutes is amended to read:

AB64-ASA1,491,15 49.133 (2m) (intro.) The department or a county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:

AB64-ASA1,840 Section 840 . 49.133 (2m) (a) of the statutes is amended to read:

AB64-ASA1,491,23 49.133 (2m) (a) The person has been convicted of or adjudicated delinquent on or after his or her 12th 10th birthday for an offense that is not a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., but the department, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 48.686 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB64-ASA1,841 Section 841 . 49.133 (2m) (b) of the statutes is amended to read:

AB64-ASA1,492,5 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), and is the subject of a pending criminal charge that the department, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB64-ASA1,842 Section 842 . 49.137 (2) (a) of the statutes is amended to read:

AB64-ASA1,492,13 49.137 (2) (a) From the allocation under s. 49.155 (1g), the department may award grants to child care providers that meet the quality of care standards established under s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB64-ASA1,843 Section 843 . 49.137 (3) (a) of the statutes is amended to read:

AB64-ASA1,492,17 49.137 (3) (a) From the allocation under s. 49.155 (1g), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

AB64-ASA1,844n Section 844n. 49.1385 of the statutes is created to read:

AB64-ASA1,492,21 49.1385 Grants for services for homeless and runaway youth. The department may award not more than $100,000 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.

AB64-ASA1,845 Section 845 . 49.155 (1) (am) of the statutes is repealed.

AB64-ASA1,846 Section 846 . 49.155 (1) (b) of the statutes is repealed.

AB64-ASA1,847 Section 847 . 49.155 (1) (bm) of the statutes is created to read:

AB64-ASA1,493,5 49.155 (1) (bm) “Liquid assets” means an individual's financial resources that are cash or can be quickly converted to cash without incurring penalties, including cash on hand, as well as funds in checking, savings, money market, and credit union share accounts. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for purposes of sub. (1m) (cm).

AB64-ASA1,848 Section 848 . 49.155 (1) (cm) of the statutes is created to read:

AB64-ASA1,493,12 49.155 (1) (cm) “Temporary break” means an individual's time-limited absence from an authorized activity due to illness, leave to care for an individual's family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an authorized activity as long as the individual continues to be employed or enrolled in the authorized activity and the absence does not exceed 3 months.

AB64-ASA1,849 Section 849 . 49.155 (1d) (title) of the statutes is amended to read:

AB64-ASA1,493,14 49.155 (1d) (title) Child care certification rules quality of care standards.

AB64-ASA1,850 Section 850 . 49.155 (1d) (a) (intro.) of the statutes is renumbered 48.651 (1d) (a) and amended to read:

AB64-ASA1,493,25 48.651 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 sub. (1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, all of the following: the minimum health and safety training required under par. (b).

AB64-ASA1,851 Section 851. 49.155 (1d) (a) 1. of the statutes is repealed.

AB64-ASA1,852 Section 852 . 49.155 (1d) (a) 2. of the statutes is repealed.

AB64-ASA1,853 Section 853 . 49.155 (1d) (am) of the statutes is repealed.

AB64-ASA1,854 Section 854 . 49.155 (1d) (b) of the statutes is renumbered 49.155 (1d).

AB64-ASA1,855 Section 855 . 49.155 (1m) (intro.) of the statutes is amended to read:

AB64-ASA1,494,13 49.155 (1m) Eligibility. (intro.) Except as provided in s. 49.155 sub. (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

AB64-ASA1,856 Section 856 . 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,495,2 49.155 (1m) (a) (intro.) The Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual's eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

AB64-ASA1,857 Section 857 . 49.155 (1m) (a) 1. of the statutes is amended to read:

AB64-ASA1,495,5 49.155 (1m) (a) 1. Meet Meeting the school attendance requirement under s. 49.26 (1) (ge).

AB64-ASA1,858 Section 858 . 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:

AB64-ASA1,495,12 49.155 (1m) (a) 1m. (intro.) Obtain Obtaining a high school diploma or participate participating in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met:

AB64-ASA1,859 Section 859 . 49.155 (1m) (a) 2. of the statutes is amended to read:

AB64-ASA1,495,15 49.155 (1m) (a) 2. Work Working in an unsubsidized job, including training provided by an employer during the regular hours of employment.

AB64-ASA1,860 Section 860 . 49.155 (1m) (a) 3. of the statutes is amended to read:

AB64-ASA1,495,20 49.155 (1m) (a) 3. Work Working in a Wisconsin works employment position, including participation in job search, orientation, and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am), or (5) (bm).

AB64-ASA1,861 Section 861 . 49.155 (1m) (a) 3m. of the statutes is amended to read:

AB64-ASA1,495,24 49.155 (1m) (a) 3m. Participate Participating in a job search or work experience component of the food stamp employment and training program under s. 49.79 (9).

AB64-ASA1,862 Section 862 . 49.155 (1m) (a) 3r. of the statutes is amended to read:

AB64-ASA1,496,2 49.155 (1m) (a) 3r. Participate Participating in the Transform Milwaukee Jobs program, or the Transitional Jobs program, under s. 49.163.

AB64-ASA1,863 Section 863 . 49.155 (1m) (a) 4. of the statutes is amended to read:

AB64-ASA1,496,10 49.155 (1m) (a) 4. Participate Participating in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, if the department or the county department or agency determining eligibility determines that basic education would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.

AB64-ASA1,864 Section 864 . 49.155 (1m) (a) 5. of the statutes is amended to read:

AB64-ASA1,496,17 49.155 (1m) (a) 5. Participate Participating in a course of study at a technical college, or participate participating in educational courses that provide an employment skill, as determined by the department, if the department or the county department or agency determining eligibility determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.

AB64-ASA1,865 Section 865 . 49.155 (1m) (a) 6. of the statutes is created to read:

AB64-ASA1,496,20 49.155 (1m) (a) 6. Taking a temporary break from an authorized activity specified in subds. 1. to 5.

AB64-ASA1,866 Section 866 . 49.155 (1m) (br) of the statutes is created to read:

AB64-ASA1,496,24 49.155 (1m) (br) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion.

AB64-ASA1,867 Section 867 . 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB64-ASA1,497,12 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185 percent of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following:

AB64-ASA1,868 Section 868 . 49.155 (1m) (c) 1d. a. of the statutes is created to read:

AB64-ASA1,497,19 49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual's family exceeds 200 percent of the poverty line for a family the size of the individual's family, the individual's copayment amount under sub. (5) increases by $1 for every $3 by which the individual's family's gross income exceeds 200 percent of the poverty line for a family the size of the individual's family.

AB64-ASA1,868b Section 868b. 49.155 (1m) (c) 1d. b. of the statutes is created to read:

AB64-ASA1,497,24 49.155 (1m) (c) 1d. b. Notwithstanding subd. 1d. a., if the gross income of an individual's family exceeds 85 percent of the state median income for a family the size of the individual's family, the individual is not eligible to receive a child care subsidy under this section.

AB64-ASA1,869 Section 869 . 49.155 (1m) (cm) of the statutes is created to read:

AB64-ASA1,498,2 49.155 (1m) (cm) The total liquid assets of the individual's family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:

AB64-ASA1,498,3 1. A foster parent of the child.

AB64-ASA1,498,4 2. A subsidized guardian or interim caretaker of the child under s. 48.623.

AB64-ASA1,498,6 3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

AB64-ASA1,870 Section 870 . 49.155 (2) of the statutes is created to read:

AB64-ASA1,498,12 49.155 (2) Eligibility based on the child's age. Notwithstanding sub. (1m) (intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual's eligibility.

AB64-ASA1,871 Section 871 . 49.155 (4) (a) of the statutes is amended to read:

AB64-ASA1,498,18 49.155 (4) (a) An eligible individual shall choose whether the child care will be provided by a child care center licensed under s. 48.65, a Level I certified family child care provider certified under s. 48.651 (1) (a), a Level II certified family child care provider certified under s. 48.651 (1) (b), or a child care program provided or contracted for by a school board under s. 120.13 (14).

AB64-ASA1,872 Section 872 . 49.155 (6) (b) of the statutes is amended to read:

AB64-ASA1,498,23 49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 percent of the rates established under par. (a).

AB64-ASA1,873 Section 873 . 49.155 (6) (d) of the statutes is amended to read:

AB64-ASA1,499,5 49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants for child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

AB64-ASA1,874 Section 874 . 49.155 (6g) (a) 5. of the statutes is created to read:

AB64-ASA1,499,11 49.155 (6g) (a) 5. The department shall take into consideration child learning and development and shall promote continuity of care when authorizing hours of child care. The department is not required to limit authorized hours based on the individual's schedule of activities under sub. (1m) (a) or the number of hours the individual spends in those activities.

AB64-ASA1,875 Section 875 . 49.155 (6g) (b) 4. of the statutes is created to read:

AB64-ASA1,499,14 49.155 (6g) (b) 4. Any reduction in hours due to a temporary break from an authorized activity.

AB64-ASA1,876 Section 876 . 49.155 (7) (a) 1. of the statutes is amended to read:

AB64-ASA1,499,25 49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

AB64-ASA1,877 Section 877. 49.155 (7) (a) 2. of the statutes is amended to read:

AB64-ASA1,500,12 49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB64-ASA1,878 Section 878 . 49.155 (7) (b) (intro.) of the statutes is amended to read:

AB64-ASA1,500,18 49.155 (7) (b) (intro.) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider: