AB1067, s. 37
20Section
37. 46.03 (7) (bm) of the statutes is amended to read:
AB1067,14,721
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
22under s. 891.40 and records of declarations of paternal interest under s. 48.025 and
23of statements acknowledging paternity under s. 69.15 (3) (b). The department shall
24release these records only upon an order of the court except that the department may
25use nonidentifying information concerning artificial inseminations for the purpose
1of compiling statistics and except that records relating to declarations of paternal
2interest and statements acknowledging paternity
may be used shall be released to
3the department of industry, labor and job development or its designee under s. 59.07
4(97) without a court order upon the request of the department
of industry, labor and
5job development or its designee under s. 59.07 (97) pursuant to the program
6responsibilities under s.
46.25 49.22 or by any other person with a direct and tangible
7interest in the record.
AB1067,14,2410
46.03
(18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of
11health and family services shall establish a uniform system of fees for services
12provided or purchased by the department of health and family services, or a county
13department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided
14under subch. III of ch. 49; services relating to adoption; services provided to courts;
15child support and paternity establishment services to recipients of aid to families
16with dependent children; outreach, information and referral services; or where, as
17determined by the department of health and family services, a fee is administratively
18unfeasible or would significantly prevent accomplishing the purpose of the service.
19A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees
20which it collects under this program to cover the cost of such services. The
21department of health and family services shall report to the joint committee on
22finance no later than March 1 of each year on the number of children placed for
23adoption by the department of health and family services during the previous year
24and the costs to the state for services relating to such adoptions.
AB1067,15,113
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
4of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
5parent's minor child who has been placed by a court order under s. 48.355, 48.357,
6938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
7home, foster home, treatment foster home, child caring institution or juvenile
8correctional institution shall be determined by the court by using the percentage
9standard established by the department
of industry, labor and job development 10under s.
46.25 49.22 (9)
(a) and by applying the percentage standard in the manner
11established by the department under s.
46.25 (9) (b)
46.247.
AB1067, s. 40
12Section
40. 46.215 (1) (p) of the statutes is amended to read:
AB1067,15,1413
46.215
(1) (p) To establish and administer the child care program under s.
46.98 1449.132.
AB1067,15,1817
46.22
(1) (b) 1. f. To establish and administer the child care program under s.
1846.98 49.132.
AB1067, s. 42
19Section
42. 46.25 (title) and (1) to (6) of the statutes are renumbered 49.22
20(title) and (1) to (6), and 49.22 (1), as renumbered, is amended to read:
AB1067,16,1021
49.22
(1) There is created a child and spousal support and establishment of
22paternity and medical liability support program in the department. The purpose of
23this program is to establish paternity when possible, to establish or modify support
24obligations, to enforce support obligations owed by parents to their children and
25maintenance obligations owed to spouses or former spouses with whom the children
1reside in this state or owed in other states if the support order was issued in this state
2or owed in other states if the parent, spouse or former spouse resides in this state,
3to locate persons who are alleged to have taken their child in violation of s. 948.31
4or of similar laws in other states, and to locate and value property of any person
5having a support duty. To accomplish the objectives of this program and of other
6assistance programs under
ch. 49 this chapter, county and state agencies will
7cooperate with one another to implement a child and spousal support and paternity
8establishment program in accordance with state and federal laws, regulations and
9rules and to assure proper distribution of benefits of all assistance programs
10authorized under
ch. 49 this chapter.
AB1067, s. 43
11Section
43. 46.25 (7) and (7m) of the statutes, as affected by
1995 Wisconsin
12Act 27, are renumbered 49.22 (7) and (7m), and 49.22 (7), as renumbered, is amended
13to read:
AB1067,17,514
49.22
(7) The department may represent the state in any action to establish
15paternity or to establish or enforce a support or maintenance obligation. The
16department may delegate its authority to represent the state in any action to
17establish paternity or to establish or enforce a support or maintenance obligation
18under this section to an attorney responsible for support enforcement under s. 59.458
19(1) pursuant to a contract entered into under s. 59.07 (97). The department shall
20ensure that any such contract is for an amount reasonable and necessary to assure
21quality service. The department may, by such a contract, authorize a county to
22contract with any attorney, collection agency or other person to collect unpaid child
23support or maintenance. If a county fails to fully implement the programs under s.
2459.07 (97), the department may implement them and may contract with any
25appropriate person to obtain necessary services. The department
of industry, labor
1and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the
2department of health and social services for the purpose of shall establish a formula
3for disbursing
the transferred funds
, under a formula established by the department
4of health and social services, appropriated under s. 20.445 (3) (p) to carry out a
5contract under this subsection.
AB1067, s. 44
6Section
44. 46.25 (8) and (9) (a) of the statutes are renumbered 49.22 (8) and
7(9), and 49.22 (8), as renumbered, is amended to read:
AB1067,17,138
49.22
(8) The department may charge other states and counties seeking
9collection of child and spousal support for any administrative costs it incurs in
10providing services related to interstate child support collections, the federal parent
11locator service under
42 USC 653, the interception of unemployment compensation
12under
42 USC 654 or the withholding of state and federal income tax refunds under
13s.
46.255 49.855 and
42 USC 664.
AB1067,17,24
1646.247 (title)
Application of child support standard for certain
17children. For purposes of determining child support under s. 46.10 (14) (b), the
18department shall promulgate
separate rules related to the application of the
19standard
established by the department of industry, labor and job development 20under
par. (a) s. 49.22 (9) to a child support obligation for the care and maintenance
21of a child who is placed by a court order under s. 48.355 or 48.357 in a residential,
22nonmedical facility. The rules shall take into account the needs of any person,
23including dependent children other than the child, whom either parent is legally
24obligated to support.
AB1067, s. 46
25Section
46. 46.25 (11) of the statutes is renumbered 49.22 (11).
AB1067, s. 48
3Section
48. 46.255 of the statutes is renumbered 49.855, and 49.855 (1), (2),
4(4), (4m) (b) and (c), (5) and (7), as renumbered, are amended to read:
AB1067,18,115
49.855
(1) If a person obligated to provide child support or maintenance is
6delinquent in making court-ordered payments, or owes an outstanding amount that
7has been ordered by the court for past support, medical expenses or birth expenses,
8the clerk of circuit court, upon application of the county designee under s. 59.07 (97)
9or the department
of industry, labor and job development, shall certify the
10delinquent payment or outstanding amount to the department
of industry, labor and
11job development.
AB1067,18,16
12(2) At least annually, the department of
health and social services industry,
13labor and job development shall provide to the department of revenue the
14certifications that it receives under sub. (1) and any certifications of delinquencies
15or outstanding amounts that it receives from another state because the obligor
16resides in this state.
AB1067,19,6
17(4) The department of revenue shall send that portion of any state or federal
18tax refunds or credits withheld
for delinquent child support or maintenance or past
19support, medical expenses or birth expenses to the department of
health and social
20services industry, labor and job development for distribution to the appropriate clerk
21of circuit court. The department of
health and social services industry, labor and job
22development shall make a settlement at least annually with the department of
23revenue and with each clerk of circuit court who has certified a delinquent obligation
24or outstanding amount for past support, medical expenses or birth expenses. The
25settlement shall state the amounts certified, the amounts deducted from tax refunds
1and credits and returned to the clerk of circuit court and the administrative costs
2incurred by the department of revenue. The department of
health and social services 3industry, labor and job development may charge the county whose clerk of circuit
4court certified the obligation or outstanding amount the related administrative costs
5incurred by the department of
health and social services industry, labor and job
6development and the department of revenue.
AB1067,20,4
7(4m) (b) The department
of revenue may provide a certification that it receives
8under sub. (2) or (2m) to the department of administration. Upon receipt of the
9certification, the department of administration shall determine whether the obligor
10is a vendor or is receiving any other payments from this state, except for wages,
11retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
12chapter or ch.
49 46 or 108. If the department of administration determines that the
13obligor is a vendor or is receiving payments from this state, except for wages,
14retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
15chapter or ch. 4
9 46 or 108, it shall begin to withhold the amount certified from those
16payments and shall notify the obligor that the state intends to reduce any payments
17due the obligor by the amount the obligor is delinquent under the support or
18maintenance order, by the outstanding amount for past support, medical expenses
19or birth expenses under the court order or by the amount due under s. 46.10 (4). The
20notice shall provide that within 20 days after receipt of the notice the obligor may
21request a hearing before the circuit court rendering the order. An obligor may, within
2220 days after receiving notice, request a hearing under this paragraph. Within 10
23days after receiving a request for hearing under this paragraph, the court shall set
24the matter for hearing. The family court commissioner may conduct the hearing.
25Pending further order by the court or family court commissioner, the clerk of circuit
1court may not disburse the payments withheld from the obligor. The sole issues at
2the hearing are whether the obligor owes the amount certified and, if not and it is
3a support or maintenance order, whether the money withheld shall be paid to the
4obligor or held for future support or maintenance.
AB1067,20,105
(c) Except as provided by order of the court after hearing under par. (b), the
6department of administration shall continue withholding until the amount certified
7is recovered in full. The department of administration shall transfer the amounts
8withheld under this paragraph to the department of
health and social services
9industry, labor and job development for distribution to the appropriate clerk of court
,
10or to the department of health and family services, whichever is appropriate.
AB1067,20,18
11(5) Certification of an obligation to the department of
health and social services 12industry, labor and job development does not deprive any party of the right to collect
13the obligation or to prosecute the obligor. The clerk of court shall immediately notify
14the department
of industry, labor and job development of any collection of an
15obligation that has been certified
by the clerk of court. The department
of industry,
16labor and job development shall correct the certified obligation according to the
17amount the county has collected and report the correction to the department of
18revenue.
AB1067,20,24
19(7) The department
of industry, labor and job development may provide a
20certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
21(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
2245.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04
23(2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d)
24or 949.08 (2) (g).
AB1067, s. 49
25Section
49. 46.258 (title) of the statutes is renumbered 49.23 (title).
AB1067,21,143
49.23
(1) From the appropriation under s.
20.435 20.445 (3) (cb), the
4department shall award grants to counties for programs to revise child support
5orders. Each county receiving a grant shall review child support orders awarded to
6persons whose children receive benefits under s. 49.19 and to persons whose children
7do not receive benefits under s. 49.19 and shall initiate actions to revise the orders
8based on that review. Each county receiving a grant shall review child support orders
9awarded to persons whose children receive benefits under s. 49.19 and child support
10orders awarded to persons whose children do not receive benefits under s. 49.19 in
11proportion to the number of those 2 categories of orders in the county's child support
12case load. Before a county may initiate an action to revise a child support order under
13this subsection for a person whose children do not receive benefits under s. 49.19, the
14custodial parent of the children must voluntarily consent to the revision.
AB1067,21,2117
49.23
(2) (a) (intro.) From the appropriation under s.
20.435 20.445 (3) (cb), the
18department shall provide state incentive payments, in a total amount of not less than
19$259,000 in each fiscal year, to counties that meet the child support collection and
20child support administrative efficiency criteria, according to a distribution formula
21determined by the department that does all of the following:
AB1067, s. 52
22Section
52. 46.258 (2) (a) 1., 2. and 3. and (b) of the statutes are renumbered
2349.23 (2) (a) 1., 2. and 3. and (b), and 49.23 (2) (a) 3. and (b), as renumbered, are
24amended to read:
AB1067,22,4
149.23
(2) (a) 3. Provides for state incentive payments to a county in an amount
2such that the total of state and federal incentive payments to the county is not more
3than 5% more than the costs of the county's child support program under s.
46.25 449.22.
AB1067,22,65
(b) A county that receives a state incentive payment under par. (a) may use the
6funds only to pay the costs of its child support program under s.
46.25 49.22.
AB1067,22,159
46.40
(1) (a) Within the limits of available federal funds and of the
10appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
11for community social, mental health, developmental disabilities and alcohol and
12other drug abuse services and for services under ss. 46.51, 46.87,
46.98 (2m), (3) and
13(4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42
14and 51.437
, and to county aging units
and to private nonprofit organizations as
15authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).
AB1067,23,2
2046.45 Carry-over of community aids funds. (intro.) Funds allocated by
21the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4)
, 46.98 (2) (a) and 51.423
22(2) but not spent or encumbered by counties, governing bodies of federally recognized
23American Indian tribes or private nonprofit organizations by December 31 of each
24year and funds recovered under ss. 46.495 (2) (b) and 51.423 (15) and deposited in
25the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding
1January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or
2as follows:
AB1067, s. 57
5Section
57. 46.45 (6) of the statutes is amended to read:
AB1067,23,96
46.45
(6) The department may carry forward 10% of any funds not carried
7forward under
subs. (1) and sub. (3) for emergencies, for justifiable unit services costs
8above planned levels and to provide compensation for increased costs due to
9population shifts.
AB1067,24,412
46.49
(1) Subject to ss. 46.40 (1) (b) and 46.48 (15) (b), if the department
13receives unanticipated federal community mental health services block grant funds
14under
42 USC 300x to
300x-9, federal prevention and treatment of substance abuse
15block grant funds under
42 USC 300x-21 to
300x-35,
federal child care grant funds
16under 42 USC 603 (n), or foster care and adoption assistance payments under
42
17USC 670 to
679a or child care and development block grant funds under 42 USC 9858 18and it proposes to allocate the unanticipated funds so that an allocation limit in s.
1946.40 is exceeded, the department shall submit a plan for the proposed allocation to
20the secretary of administration. If the secretary of administration approves the plan,
21he or she shall submit it to the joint committee on finance. If the cochairpersons of
22the committee do not notify the secretary of administration that the committee has
23scheduled a meeting for the purpose of reviewing the plan within 14 working days
24after the date of his or her submittal, the department may implement the plan,
25notwithstanding any allocation limits under s. 46.40. If within 14 working days after
1the date of the submittal by the secretary of administration the cochairpersons of the
2committee notify him or her that the committee has scheduled a meeting for the
3purpose of reviewing the plan, the department may implement the plan,
4notwithstanding s. 46.40, only with the approval of the committee.
AB1067,24,217
46.495
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
8department shall distribute the funding for social services, including funding for
9foster care or treatment foster care of a child receiving aid under s. 49.19, to county
10departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
11matching funds are required for the distributions under s. 46.40 (2)
, (4m) and (8).
12Each county's required match for a year equals 9.89% of the total of the county's
13distributions for that year for which matching funds are required plus the amount
14the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
15delinquency-related services from its distribution for 1987. Matching funds may be
16from county tax levies, federal and state revenue sharing funds or private donations
17to the county that meet the requirements specified in s. 51.423 (5). Private donations
18may not exceed 25% of the total county match. If the county match is less than the
19amount required to generate the full amount of state and federal funds distributed
20for this period, the decrease in the amount of state and federal funds equals the
21difference between the required and the actual amount of county matching funds.
AB1067, s. 60
22Section
60. 46.979 (title) of the statutes is renumbered 49.131 (title).
AB1067, s. 61
23Section
61. 46.979 (1) of the statutes is renumbered 49.131 (1) and amended
24to read:
AB1067,25,3
149.131
(1) In this section "child care provider"
has the meaning given in s. 46.98
2(1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or
3established or contracted for under s. 120.13 (14).
AB1067, s. 62
4Section
62. 46.979 (2) (intro.) of the statutes is renumbered 49.131 (2) (intro.)
5and amended to read:
AB1067,25,86
49.131
(2) (intro.) Subject to
ss.
s. 16.54 (2)
and 46.49 (1), the department shall,
7within the limits of the availability of the federal child care and development block
8grant funds received under
42 USC 9858, do all of the following:
AB1067,25,1411
46.979
(2) (a) From the appropriation under s.
20.435 (7) (o), as allocated in s.
1246.40 (2m) (c) 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and
13$10,099,200 in fiscal year 1996-97 for child day care services under s.
46.98 49.132 14(2m) and (3).
AB1067,25,2117
49.131
(2) (b) 1. From the appropriation under s.
20.435 (3) (kx) 20.445 (3) (mc),
18distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for
19the purposes of providing technical assistance for child care providers and of
20administering the child care programs funded under s.
20.435 (3) (ky) and (7) (b) and
21(o) 20.445 (3) (cp) and (md).
AB1067,26,224
49.131
(2) (b) 2. From the appropriation under s.
20.435 (6) 20.445 (3) (mc)
25distribute $948,300 in fiscal year 1995-96 and transfer $1,026,800 in fiscal year
11996-97
to the appropriation under s. 20.435 (6) (kx) for the purpose of day care
2center licensing under s. 48.65.
AB1067,26,85
49.131
(2) (c) (intro.) From the appropriation under s.
20.435 (3) (ky) 20.445 (3)
6(md), distribute as follows the federal child care and development block grant funds
7that are received under
42 USC 9858 and that are not distributed under par. (a) or
8(b):
AB1067,26,1311
49.131
(2) (c) 1. For grants under s.
46.986 49.136 (2) for the start-up and
12expansion of child day care services, and for child day care start-up and expansion
13planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.
AB1067,26,1816
49.131
(2) (c) 2. For grants under s.
46.984 49.134 (2) for child day care resource
17and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year
181996-97.
AB1067,27,221
49.131
(2) (c) 3. For grants under s.
46.987 49.137 (3) to assist child care
22providers in meeting the quality of care standards established under s.
46.98 49.132 23(4) (e) and for a system of rates or a program of grants, as provided under s.
46.98 2449.132 (4) (e), to reimburse child care providers that meet those quality of care
25standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97.
1If an amount distributed under this subdivision will not be fully expended, the
2department may transfer the unexpended funds to the distribution under subd. 4.
AB1067,27,85
49.131
(2) (c) 4. For grants under s.
46.987 49.137 (2) and contracts under s.
646.987 49.137 (4) to improve the quality of child day care services in this state,
7$450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any
8amounts that the department transfers to this distribution under subd. 3.
AB1067, s. 71
9Section
71. 46.979 (3) of the statutes is renumbered 49.131 (3).
AB1067, s. 72
10Section
72. 46.98 (title) and (1) (intro.), (ad), (ag), (am), (b), (bm) and (c) of the
11statutes are renumbered 49.132 (title) and (1) (intro.), (ad), (ag), (am), (b), (bm) and
12(c).
AB1067, s. 73
13Section
73. 46.98 (1) (d) of the statutes is repealed.
AB1067, s. 74
14Section
74. 46.98 (2) (title) of the statutes is renumbered 49.132 (2) (title).
AB1067,27,2317
49.132
(2) (a) The department shall distribute the funds allocated under s.
1846.40 (1) and (2m) (c) 49.13 for at-risk
, and low-income
and respite child care
19services under subs. (2m) and
(4g) (3) to county departments under s. 46.215, 46.22
20or 46.23. In addition, the department shall distribute the funds allocated under s.
2146.40 (1), (2m) (c) and (4m) 49.13 for
at-risk and low-income
and respite child care
22services under
sub. subs. (2m) and (3) to private nonprofit child care providers who
23provide child care for the children of migrant workers.
AB1067, s. 76
24Section
76. 46.98 (2) (b) of the statutes is renumbered 49.132 (2) (b).
AB1067, s. 77
1Section
77. 46.98 (2) (c) of the statutes is renumbered 49.132 (2) (c) and
2amended to read:
AB1067,28,53
49.132
(2) (c) A county may use up to 5% of the funds distributed under par.
4(a) to its county department under s. 46.215, 46.22 or 46.23 for the costs of
5administering the programs under subs. (2m)
, and (3)
and (4g).
AB1067, s. 78
6Section
78. 46.98 (2m) (title) of the statutes is renumbered 49.132 (2m) (title).
AB1067, s. 80
9Section
80. 46.98 (2m) (c) and (d) 1. of the statutes are renumbered 49.132
10(2m) (c) and (d) 1.
AB1067, s. 82
13Section
82. 46.98 (2r) (title), (a), (b) and (d) of the statutes are renumbered
1449.132 (2r) (title), (a), (b) and (d).
AB1067, s. 83
15Section
83. 46.98 (3) (title) of the statutes is renumbered 49.132 (3) (title).
AB1067, s. 85
18Section
85. 46.98 (3) (c) of the statutes is renumbered 49.132 (3) (c).
AB1067, s. 86
19Section
86. 46.98 (4) of the statutes is renumbered 49.132 (4).
AB1067, s. 87
20Section
87. 46.98 (4g) (title) of the statutes is repealed.