AB1067, s. 116
14Section
116. 46.987 (1) (d) of the statutes is renumbered 49.137 (1) (d) and
15amended to read:
AB1067,31,1716
49.137
(1) (d) "Family day care center" has the meaning given in s.
46.986 1749.136 (1) (j).
AB1067, s. 117
18Section
117. 46.987 (1) (e) of the statutes is renumbered 49.137 (1) (e) and
19amended to read:
AB1067,31,2120
49.137
(1) (e) "Group day care center" has the meaning given in s.
46.986 49.136 21(1) (k).
AB1067, s. 118
22Section
118. 46.987 (2) (title) of the statutes is renumbered 49.137 (2) (title).
AB1067,32,7
149.137
(2) (a) From the allocation under s.
46.979 49.131 (2) (c) 4., the
2department may award grants to child care providers that meet the quality of care
3standards established under s.
46.98 49.132 (4) (e) to improve the retention of skilled
4and experienced child care staff. In awarding grants under this subsection, the
5department shall consider the applying child care provider's total enrollment of
6children and average enrollment of children who receive or are eligible for publicly
7funded care from the child care provider.
AB1067, s. 120
8Section
120. 46.987 (2) (b) and (c) of the statutes are renumbered 49.137 (2)
9(b) and (c).
AB1067, s. 121
10Section
121. 46.987 (3) (title) of the statutes is renumbered 49.137 (3) (title).
AB1067,32,1513
49.137
(3) (a) From the allocation under s.
46.979 49.131 (2) (c) 3., the
14department may award grants to child care providers for assistance in meeting the
15quality of care standards established under s.
46.98
49.132 (4) (e).
AB1067, s. 123
16Section
123. 46.987 (3) (b) of the statutes is renumbered 49.137 (3) (b).
AB1067, s. 124
17Section
124. 46.987 (3) (c) of the statutes is renumbered 49.137 (3) (c) and
18amended to read:
AB1067,32,2119
49.137
(3) (c) A child care provider that is awarded a grant under this
20subsection shall use the grant funds to attempt to meet the quality of care standards
21established under s.
46.98 49.132 (4) (e) within 24 months after receipt of the grant.
AB1067,33,424
49.137
(4) Training and technical assistance contracts. (intro.) From the
25allocation under s.
46.979 49.131 (2) (c) 4., the department may contract with one or
1more agencies for the provision of training and technical assistance to improve the
2quality of child care provided in this state. The training and technical assistance
3activities contracted for under this subsection may include any of the following
4activities:
AB1067, s. 126
5Section
126. 46.987 (4) (a) of the statutes is renumbered 49.137 (4) (a) and
6amended to read:
AB1067,33,97
49.137
(4) (a) Developing and recommending to the department a system of
8higher reimbursement rates or a program of grants for child care providers that meet
9the quality of care standards established under s.
46.98 49.132 (4) (e).
AB1067, s. 127
10Section
127. 46.987 (4) (b) of the statutes is renumbered 49.137 (4).
AB1067, s. 128
11Section
128. 46.987 (4) (c) of the statutes is renumbered 49.137 (4) (c) and
12amended to read:
AB1067,33,1413
49.137
(4) (c) Disseminating to the public information about child care that
14meets the quality of care standards established under s.
46.98 49.132 (4) (e).
AB1067, s. 129
15Section
129. 46.987 (4) (d) to (h) and (5) of the statutes are renumbered 49.137
16(4) (d) to (h) and (5).
AB1067,34,1121
48.30
(6) If a petition is not contested, the court shall set a date for the
22dispositional hearing which allows reasonable time for the parties to prepare but is
23no more than 10 days from the plea hearing for the child who is held in secure custody
24and no more than 30 days from the plea hearing for a child who is not held in secure
25custody. If it appears to the court that disposition of the case may include placement
1of the child outside the child's home, the court shall order the child's parent to provide
2a statement of income, assets, debts and living expenses to the court or the
3designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
4dispositional hearing or as otherwise ordered by the court. The clerk of court shall
5provide, without charge, to any parent ordered to provide a statement of income,
6assets, debts and living expenses a document setting forth the percentage standard
7established by the department
of industry, labor and job development under s.
46.25 849.22 (9)
and the manner of its application established by the department of health
9and family services under s. 46.247 and listing the factors that a court may consider
10under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with
11the dispositional hearing.
AB1067, s. 132
12Section
132. 48.31 (7) of the statutes is amended to read:
AB1067,35,313
48.31
(7) At the close of the fact-finding hearing, the court shall set a date for
14the dispositional hearing which allows a reasonable time for the parties to prepare
15but is no more than 10 days from the fact-finding hearing for a child in secure custody
16and no more than 30 days from the fact-finding hearing for a child not held in secure
17custody. If it appears to the court that disposition of the case may include placement
18of the child outside the child's home, the court shall order the child's parent to provide
19a statement of income, assets, debts and living expenses to the court or the
20designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
21dispositional hearing or as otherwise ordered by the court. The clerk of court shall
22provide, without charge, to any parent ordered to provide a statement of income,
23assets, debts and living expenses a document setting forth the percentage standard
24established by the department
of industry, labor and job development under s.
46.25 2549.22 (9)
and the manner of its application established by the department of health
1and family services under s. 46.247 and listing the factors that a court may consider
2under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with
3a dispositional hearing.
AB1067, s. 133
4Section
133. 48.357 (5m) of the statutes is amended to read:
AB1067,35,175
48.357
(5m) If a proposed change in placement changes a child's placement
6from a placement in the child's home to a placement outside the child's home, the
7court shall order the child's parent to provide a statement of income, assets, debts
8and living expenses to the court or the person or agency primarily responsible for
9implementing the dispositional order by a date specified by the court. The clerk of
10court shall provide, without charge, to any parent ordered to provide a statement of
11income, assets, debts and living expenses a document setting forth the percentage
12standard established by the department
of industry, labor and job development 13under s.
46.25 49.22 (9)
and the manner of its application established by the
14department of health and family services under s. 46.247 and listing the factors that
15a court may consider under s. 46.10 (14) (c). If the child is placed outside the child's
16home, the court shall determine the liability of the parent in the manner provided
17in s. 46.10 (14).
AB1067,36,420
48.36
(1) (b) In determining the amount of support under par. (a), the court may
21consider all relevant financial information or other information relevant to the
22parent's earning capacity, including information reported to the department
of
23industry, labor and job development, or the county child and spousal support agency,
24under s.
46.25 49.22 (2m). If the court has insufficient information with which to
25determine the amount of support, the court shall order the child's parent to furnish
1a statement of income, assets, debts and living expenses, if the parent has not
2already done so, to the court within 10 days after the court's order transferring
3custody or designating an alternative placement is entered or at such other time as
4ordered by the court.
AB1067, s. 135
5Section
135. 48.363 (1) of the statutes is amended to read:
AB1067,37,96
48.363
(1) A child, the child's parent, guardian or legal custodian, any person
7or agency bound by a dispositional order or the district attorney or corporation
8counsel in the county in which the dispositional order was entered may request a
9revision in the order that does not involve a change in placement, including a revision
10with respect to the amount of child support to be paid by a parent, or the court may
11on its own motion propose such a revision. The request or court proposal shall set
12forth in detail the nature of the proposed revision and what new information is
13available that affects the advisability of the court's disposition. The request or court
14proposal shall be submitted to the court. The court shall hold a hearing on the matter
15if the request or court proposal indicates that new information is available which
16affects the advisability of the court's dispositional order and prior to any revision of
17the dispositional order, unless written waivers of objections to the revision are signed
18by all parties entitled to receive notice and the court approves. If a hearing is held,
19the court shall notify the parent, child, guardian and legal custodian, all parties
20bound by the dispositional order and the district attorney or corporation counsel in
21the county in which the dispositional order was entered at least 3 days prior to the
22hearing. A copy of the request or proposal shall be attached to the notice. If the
23proposed revision is for a change in the amount of child support to be paid by a parent,
24the court shall order the child's parent to provide a statement of income, assets, debts
25and living expenses to the court and the person or agency primarily responsible for
1implementing the dispositional order by a date specified by the court. The clerk of
2court shall provide, without charge, to any parent ordered to provide a statement of
3income, assets, debts and living expenses a document setting forth the percentage
4standard established by the department
of industry, labor and job development 5under s.
46.25 49.22 (9)
and the manner of its application established by the
6department of health and family services under s. 46.247 and listing the factors that
7a court may consider under s. 46.10 (14) (c). If all parties consent, the court may
8proceed immediately with the hearing. No revision may extend the effective period
9of the original order.
AB1067, s. 136
10Section
136. 48.651 of the statutes is amended to read:
AB1067,37,17
1148.651 Certification of day care providers. Each county department shall
12certify, according to the standards adopted by the department under s. 46.03 (21),
13each day care provider from whom it purchases services under s. 46.036 on or after
14January 1, 1985, and each day care provider that provides day care services to
15parents pursuant to a voucher provided under s.
46.98
49.132 (3) (c) on or after
16January 1, 1985, unless the provider is a day care center licensed under s. 48.65 or
17is established or contracted for under s. 120.13 (14).
AB1067, s. 137
18Section
137. 49.13 of the statutes is created to read:
AB1067,37,21
1949.13 At-risk and low-income child care. Within the limits of available
20federal funds and the appropriation under s. 20.445 (3) (cp), the department shall
21distribute under s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.
AB1067,38,424
49.191
(1) (b) Within the limits of funds available under
ss. 20.435 (3) (jg) and 25s. 20.445 (3) (cn)
, (jg) and (na), the department shall provide funds for individuals
1who are working and who receive aid to families with dependent children to pay child
2care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a)
3and child care costs incurred before the child care disregard under s. 49.19 (5) (a)
4becomes available if the child care is provided by a child care provider.
AB1067,38,187
49.191
(2) Child care funds for former recipients of aid to families with
8dependent children. The department shall pay the child care costs of an individual
9who secures unsubsidized employment and loses eligibility for aid to families with
10dependent children because of earned income or number of hours worked for up to
1112 months following the loss of eligibility if the child care is provided by a child care
12provider. The department shall establish a formula for assistance based on ability
13to pay. The rates for child care services under this subsection shall be determined
14under s.
46.98 49.132 (4) (d), or, if a higher rate is established under s.
46.98 49.132 15(4) (e) and if the child care services meet the quality standards established under s.
1646.98 49.132 (4) (e), the rates for child care services under this subsection that meet
17those standards shall be determined under s.
46.98
49.132 (4) (e). The department
18shall promulgate rules for the disbursement of funds under this subsection.
AB1067,39,621
49.193
(8) (a) The department shall pay child care costs of persons with
22approved employability plans who are participating in the program under this
23section and of persons who are participating in orientation and job search activities
24required under sub. (3m). Payment or reimbursement shall be in an amount based
25on need, with the maximum amount per child equal to the lesser of the actual cost
1of care or the rate established under s.
46.98
49.132 (4) (d), or, if a higher rate is
2established under s.
46.98 49.132 (4) (e) and if the child care meets the quality
3standards established under s.
46.98 49.132 (4) (e), payment or reimbursement for
4child care that meets those standards shall be in an amount based on need, with the
5maximum amount per child equal to the lesser of the actual cost of the care or the
6rate established under s.
46.98 49.132 (4) (e).
AB1067,39,119
49.25
(8) (a) From the appropriation under s.
20.435 20.445 (3) (cb), the
10department
of health and social services shall provide funds to pilot counties for
11assistance in establishing paternity and obtaining child support.
AB1067,39,1614
49.25
(8) (b) From the appropriation under s.
20.435 20.445 (3) (cb), the
15department
of health and social services shall provide funds to Milwaukee county to
16fund an additional family court commissioner.
AB1067,40,619
49.26
(1) (e) For an individual who is a recipient of aid under s. 49.19, who is
20the parent with whom a dependent child lives and who is either subject to the school
21attendance requirement under par. (ge) or is under 20 years of age and wants to
22attend school, the department shall make a monthly payment to the individual or the
23child care provider for the month's child care costs in an amount based on need with
24the maximum amount per child equal to the lesser of the actual cost of the care or
25the rate established under s.
46.98 49.132 (4) (d) or, if a higher rate is established
1under s.
46.98 49.132 (4) (e) and if the child care meets the quality standards
2established under s.
46.98 49.132 (4) (e), in an amount based on need with the
3maximum amount per child equal to the lesser of the actual cost of the care or the
4rate established under s.
46.98 49.132 (4) (e), if the individual demonstrates the need
5to purchase child care services in order to attend school and those services are
6available from a child care provider.
AB1067,40,209
49.27
(6) (c)
Benefits. A county department under s. 46.215, 46.22 or 46.23 shall
10provide assistance in paying the child care costs of a work-not-welfare group that
11is eligible to receive benefits under this paragraph if the child care is provided by a
12child care provider, as defined in s.
46.98 49.132 (1) (am). The formula for
13determining the amount of assistance shall be the same as the formula established
14by the department under s. 49.191 (2). The rates for child care services under this
15paragraph shall be determined under s.
46.98 49.132 (4) (d), or, if a higher rate is
16established under s.
46.98 49.132 (4) (e) and if the child care services meet the quality
17standards established under s.
46.98 49.132 (4) (e), the rates for child care services
18under this paragraph that meet those standards shall be determined under s.
46.98 1949.132 (4) (e). The department shall promulgate rules for the disbursement of funds
20under this paragraph.
AB1067, s. 145
21Section
145. 49.27 (10) (c) of the statutes is amended to read:
AB1067,41,522
49.27
(10) (c)
Children's services network. Each county department under s.
2346.215, 46.22 or 46.23 entering into a contract with the department under par. (a)
24shall establish a children's services network. The children's services network shall
25provide information about community resources available to the children in a
1work-not-welfare group during the work-not-welfare group's benefit period and
2the work-not-welfare group's period of ineligibility under sub. (4) (f), including
3charitable food and clothing centers; the state supplemental food program for
4women, infants and children under s. 253.06; and child care programs under s.
46.98 549.132.
AB1067,41,108
49.27
(10) (e)
Child support assistance. From the appropriation under s.
20.435 920.445 (3) (cb), the department
of health and social services may provide funds to
10pilot counties for assistance in establishing paternity and obtaining child support.
AB1067,41,1913
49.32
(1) (a) The department shall establish a uniform system of fees for
14services provided or purchased under this subchapter by the department, or a county
15department under s. 46.215, 46.22 or 46.23, except
as provided in s. 49.22 (6) and
16except where, as determined by the department, a fee is administratively unfeasible
17or would significantly prevent accomplishing the purpose of the service. A county
18department under s. 46.215, 46.22 or 46.23 shall apply the fees which it collects
19under this program to cover the cost of such services.
AB1067,42,4
2249.83 Limitation on giving information. Except as provided under s. 49.32
23(9) and (10), no person may use or disclose information concerning applicants and
24recipients of relief funded by a relief block grant, aid to families with dependent
25children, social services
, child and spousal support and establishment of paternity
1services under s. 49.22 or supplemental payments under s. 49.77
, for any purpose not
2connected with the administration of the programs. Any person violating this
3subsection section may be fined not less than $25 nor more than $500 or imprisoned
4in the county jail not less than 10 days nor more than one year or both.
AB1067, s. 149
5Section
149. 49.90 (2) of the statutes is amended to read:
AB1067,42,166
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
7or board shall submit to the corporation counsel a report of its findings. Upon receipt
8of the report the corporation counsel shall, within 60 days, apply to the circuit court
9for the county in which the dependent person under sub. (1) (a) 1. or the child of a
10dependent person under sub. (1) (a) 2. resides for an order to compel the
11maintenance. Upon such an application the corporation counsel shall make a
12written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
13to the chairperson of the county board of supervisors in a county with a single-county
14department or the county boards of supervisors in counties with a multicounty
15department, and to the department of health and social services
or the department
16of industry, labor and job development, whichever is appropriate.
AB1067,43,219
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
20grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
21is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
22dependent minor or the child's parent may apply to the circuit court for the county
23in which the child resides for an order to compel the provision of maintenance. A
24county department under s. 46.215, 46.22 or 46.23, a county child support agency or
25the department of
health and social services industry, labor and job development
1may initiate an action to obtain maintenance of the child by the child's grandparent
2under sub. (1) (a) 2., regardless of whether the child receives public assistance.
AB1067, s. 151
3Section
151. 59.07 (97) of the statutes is amended to read:
AB1067,43,194
59.07
(97) Child and spousal support; paternity program; medical support
5liability program. The county board shall contract with the department of
health
6and social services industry, labor and job development to implement and administer
7the child and spousal support and establishment of paternity and the medical
8support liability programs provided for by Title IV of the federal social security act.
9The board may designate by board resolution any office, officer, board, department
10or agency as the county designee. The board or its designee shall implement and
11administer the programs in accordance with the contract with the
state department
12of
health and social services industry, labor and job development. The attorneys
13responsible for support enforcement under s. 59.458 (1), family court commissioner,
14clerk of court and all other county officials shall cooperate with the county and the
15department
of industry, labor and job development as necessary to provide the
16services required under the programs. The county shall charge the fee established
17by the department
of industry, labor and job development under s.
46.25 49.22 for
18services provided under this subsection to persons not receiving assistance under s.
1949.19 or 49.47.
AB1067, s. 152
20Section
152. 59.395 (7) of the statutes is amended to read:
AB1067,43,2521
59.395
(7) Cooperate with the department of
health and social services 22industry, labor and job development with respect to the child and spousal support
23and establishment of paternity and medical liability support program under ss.
2446.25 49.22 and 59.07 (97), and provide that department with any information from
25court records which it requires to administer that program.
AB1067, s. 153
1Section
153. 59.458 (2) of the statutes is amended to read:
AB1067,44,52
59.458
(2) Attorneys responsible for support enforcement under sub. (1) shall
3institute, commence, appear in or perform other prescribed duties in actions or
4proceedings under ss.
46.25 49.22 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch.
5769.
AB1067, s. 154
6Section
154. 69.03 (14) of the statutes is amended to read:
AB1067,44,137
69.03
(14) Provide hospitals with a pamphlet containing information for
8parents about birth certificates including how to add the name of the father of a child
9whose parents were not married at any time from the conception to the birth of the
10child to the birth certificate under s. 69.15 (3) (b) or, if the father will not sign an
11affidavit, through a paternity action; the legal significance and future medical
12advantages to the child of having the father's name inserted on the birth certificate;
13and the availability of services under s.
46.25 49.22.
AB1067, s. 155
14Section
155. 69.15 (3) (b) 3. of the statutes is amended to read:
AB1067,44,2415
69.15
(3) (b) 3. Except as provided under par. (c), if the state registrar receives
16a statement acknowledging paternity on a form prescribed by the state registrar and
17signed by both parents, along with the fee under s. 69.22, the state registrar shall
18insert the name of the father under subd. 1. The state registrar shall mark the
19certificate to show that the form is on file. The form shall be available to the
20department
of industry, labor and job development or its designee under s. 59.07 (97)
21pursuant to the program responsibilities under s.
46.25 49.22 or to any other person
22with a direct and tangible interest in the record. The state registrar shall include
23on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a)
24to (e) and 767.62.
AB1067,45,73
71.75
(1) Except as provided in ss.
46.255 49.855, 71.77 (5) and (7) (b) and
471.935, the provisions for refunds and credits provided in this section shall be the
5only method for the filing and review of claims for refund of income and surtaxes, and
6no person may bring any action or proceeding for the recovery of such taxes other
7than as provided in this section.
AB1067,45,1110
71.75
(9) All refunds under this chapter are subject to attachment under ss.
1146.255 49.855, 71.93 and 71.935.
AB1067, s. 158
12Section
158. 71.78 (4) (g) of the statutes is amended to read:
AB1067,45,1713
71.78
(4) (g) Employes of this state, to the extent that the department of
14revenue deems the examination necessary for the employes to perform their duties
15under contracts or agreements between the department and any other department,
16division, bureau, board or commission of this state relating to the administration of
17tax laws or child and spousal support enforcement under s.
46.25 49.22.
AB1067,46,820
71.80
(3) Crediting of overpayments on individual or separate returns. In
21the case of any overpayment, refundable credit or refund on an individual or separate
22return, the department of revenue, within the applicable period of limitations, may
23credit the amount of overpayment, refundable credit or refund including any interest
24allowed, against any liability in respect to any tax collected by the department, a debt
25under s. 71.93 or 71.935 or a certification under s.
46.255 49.855 on the part of the
1person who made the overpayment or received the refundable credit or the refund
2and shall refund any balance to the person. The department shall presume that the
3overpayment, refundable credit or refund is nonmarital property of the filer. Within
42 years after the crediting, the spouse or former spouse of the person filing the return
5may file a claim for a refund of amounts credited by the department if the spouse or
6former spouse shows by clear and convincing evidence that all or part of the state tax
7overpayment, refundable credit or refund was nonmarital property of the
8nonobligated spouse.
AB1067,46,1611
71.80
(3m) (a) Against any liability of either spouse or both spouses in respect
12to an amount owed the department, a certification under s.
46.255 49.855 that is
13subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55
14(2) (b) and that was incurred during marriage by a spouse after December 31, 1985,
15or after both spouses are domiciled in this state, whichever is later, except as
16provided in s. 71.10 (6) (a) and (b) and (6m).
AB1067,46,2019
71.80
(3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification
20under s.
46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).
AB1067,47,723
71.88
(1) (a)
Contested assessments and claims for refund. Except for refunds
24set off under s. 71.93 in respect to which appeal is to the agency to which the debt is
25owed, except for refunds set off under s. 71.935 in respect to which an appeal is held
1under procedures that the department of revenue establishes and except for refunds
2set off under s.
46.255 49.855 in respect to which a hearing is held before the circuit
3court, any person feeling aggrieved by a notice of additional assessment, refund, or
4notice of denial of refund may, within 60 days after receipt of the notice, petition the
5department of revenue for redetermination. A petition or an appeal by one spouse
6is a petition or an appeal by both spouses. The department shall make a
7redetermination on the petition within 6 months after it is filed.
AB1067, s. 163
8Section
163. 71.93 (1) (a) 2. of the statutes is amended to read: