AB591: Bill Text

AB591,27,9 48.40 (1m) "Kinship care relative" means a person receiving payments under s. 48.57 (3m) (a) for providing care and maintenance for a child.

AB591, s. 54 Section 54. 48.427 (3) (a) 5. of the statutes is amended to read:

AB591,27,12 48.427 (3) (a) 5. A relative with whom the child resides, if the relative has filed a petition to adopt the child or if the relative is a kinship care relative.

AB591, s. 55 Section 55. 48.428 (2) of the statutes is amended to read:

AB591,27,21 48.428 (2) When a court places a child in sustaining care after an order under s. 48.427, the court shall transfer legal custody of the child to the county department or a licensed child welfare agency, transfer guardianship of the child to an agency listed in s. 48.427 (3) (a) 1. to 4. and place the child in the home of a licensed foster parent or, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent or, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in sub. (3).

AB591, s. 56 Section 56. 48.428 (4) of the statutes is amended to read:

AB591,28,7 48.428 (4) Before a licensed foster parent or, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent or, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent or, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.

AB591, s. 57 Section 57. 48.57 (3m) of the statutes is created to read:

AB591,28,12 48.57 (3m) (a) From the reimbursement received under s. 46.495 (1) (d), a county department shall make payments, as determined by the department under par. (e), to a relative of a child, other than the child's parent or stepparent, who is providing care and maintenance for the child if all of the following conditions are met:

AB591,28,16 1. The relative applies to the county department for payments under this subsection and the county department determines that there is a need for the child to be placed with the relative and that the placement with the relative benefits the child.

AB591,28,19 2. The county department determines that the child meets one or more of the criteria specified in s. 48.13 (1) to (14) or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

AB591,28,21 3. The county department determines, through an assessment, that the child will be safe in the relative's home.

AB591,28,25 4. The county department conducts a background investigation of the relative and any other adult residing in the relative's home to determine if the relative or other adult has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

AB591,29,3 5. The relative cooperates with the county department in the application process, including applying for other forms of assistance for which the relative may be eligible.

AB591,29,6 (b) The county department shall refer to the attorney responsible for support enforcement under s. 59.458 (1) the name of the parent or parents of a child for whom a payment is made under par. (a).

AB591,29,12 (c) The county department shall require the parent or parents of a child for whom a payment is made under par. (a) to initiate or continue health care insurance coverage for the child or, if the parent or parents are unable to initiate or continue that coverage, the county department shall require the relative to whom a payment is made under par. (a) to initiate or continue health care insurance coverage for the child.

AB591,29,14 (cm) A relative who receives a payment under par. (a) is not eligible to receive a payment under s. 48.62 (4).

AB591,29,19 (d) A county department shall review a placement of a child for which the county department makes payments under par. (a) not less than every 12 months after the county department begins making those payments to determine whether the conditions specified in par. (a) continue to exist. If those conditions do not continue to exist, the county department shall discontinue making those payments.

AB591,29,20 (e) The department shall determine all of the following:

AB591,29,23 1. The amount and effective date of any payment under par. (a). In determining the amount of a payment under par. (a), the department shall consider any income of the child, other than earned income, as defined in 26 USC 32 (c) (2).

AB591,29,25 2. Whether the child is eligible for medical assistance under ss. 49.43 to 49.47, if no other health care insurance coverage is available to the child.

AB591, s. 58 Section 58. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

AB591,30,22 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB591, s. 59 Section 59. 49.001 (9) of the statutes is created to read:

AB591,31,2 49.001 (9) "Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works agency" means the department of industry, labor and job development.

AB591, s. 60 Section 60. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,31,11 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or has participated in a Wisconsin works employment position under s. 49.147 (3) to (5) or in which aid to families with dependent children or, supplemental security income benefits are or a Wisconsin works employment position is immediately available to the individual.

AB591, s. 61 Section 61. 49.046 (4) (f) of the statutes is amended to read:

AB591,31,16 49.046 (4) (f) The department, after consulting with all elected tribal governing bodies in this state, shall promulgate rules establishing the allowable costs of administering this section and shall reimburse each administering agency for its allowable costs from the appropriation under s. 20.435 (4) (de) (dz).

AB591, s. 62 Section 62. 49.049 (3) of the statutes is amended to read:

AB591,31,23 49.049 (3) The department may provide not more than $30,600 in each fiscal year for economic development projects that satisfy the criteria established under sub. (2) to tribal governing bodies from funds appropriated under s. 20.435 (4) (de) (dz) for the administration of the work experience program under s. 49.047. Funds not provided for economic development projects shall be expended for the work experience program.

AB591, s. 63 Section 63. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.124 (1m) (a) and amended to read:

AB591,32,16 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in par. (b), and to the extent permitted by federal law or waiver, the department may require able-bodied individuals who are 18 to 64 years of age who are eligible for a Wisconsin works employment position under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position, in lieu of the program under this section, as a condition of receiving food stamp benefits. Except as provided in par. (b), the department may require able-bodied individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works employment position to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed the amount of food stamp benefits divided by the applicable federal minimum wage, or 40 hours per week, whichever is less.

AB591, s. 64 Section 64. 49.124 (1m) (b) of the statutes is created to read:

AB591,32,21 49.124 (1m) (b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a).

AB591, s. 65 Section 65. 49.124 (1m) (c) of the statutes is created to read:

AB591,32,24 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a subsequent month shall be determined as follows:

AB591,33,4 1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.

AB591,33,7 2. The department shall subtract the total number of hours determined under subd. 1. from the recipient's total number of hours of required participation in that month.

AB591,33,9 3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1).

AB591,33,12 4. The department shall subtract the dollar amount determined under subd. 3. from the amount of food stamp benefits that the recipient's family would have received if he or she had participated for the total number of assigned hours.

AB591, s. 66 Section 66. 49.124 (3) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2792 and 3141, is repealed and recreated to read:

AB591,33,19 49.124 (3) Deductions from income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (2) from the payment to the county or tribe under s. 20.445 (3) (dz) and (nL) and reimburse the federal government from the funds withheld.

AB591, s. 67 Section 67. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,34,2 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. Recovery shall be made in accordance with 7 USC 2022.

AB591, s. 68 Section 68. 49.141 of the statutes is created to read:

AB591,34,5 49.141 Wisconsin works; general provisions. (1) Definitions. As used in ss. 49.141 to 49.161:

AB591,34,7 (a) "Community service job" means a work component of Wisconsin works administered under s. 49.147 (4).

AB591,34,11 (b) "Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).

AB591,34,15 (c) "Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

AB591,34,18 (d) "Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.

AB591,34,19 (e) "Job access loan" means a loan administered under s. 49.147 (6).

AB591,34,20 (f) "Migrant worker" has the meaning given in s. 103.90 (5).

AB591,34,22 (g) "Minimum wage" means the state minimum hourly wage under ch. 104 or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

AB591,34,24 (h) "Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.

AB591,35,5 (i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who has never been married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

AB591,35,7 (j) "Parent" means either a biological parent, a person who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption.

AB591,35,9 (k) "Participant" means an individual who participates in any component of the Wisconsin works program.

AB591,35,10 (L) "Strike" has the meaning provided in 29 USC 142 (2).

AB591,35,12 (m) "Transitional placement" means a work component of Wisconsin works administered under s. 49.147 (5).

AB591,35,14 (n) "Trial job" means a work component of Wisconsin works administered under s. 49.147 (3).

AB591,35,16 (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.

AB591,35,18 (r) "Wisconsin works employment position" means any job or placement under s. 49.147 (3) to (5).

AB591,36,2 (s) "Wisconsin works group" means an individual, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under s. 49.027 (3) (b).

AB591,36,12 (2) Waivers; legislation. (a) If necessary, the department shall request a waiver from the secretaries of the federal department of health and human services, the federal department of agriculture and the federal social security administration or shall seek the passage of federal legislation to permit the department to conduct the Wisconsin works program in lieu of the aid to families with dependent children program under s. 49.19, the job opportunities and basic skills program under s. 49.193, the parental responsibility pilot program under s. 49.25 and the work-not-welfare program under s. 49.27 and as part of the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396 to 1396u.

AB591,36,21 (b) If a waiver is granted and in effect or legislation is enacted, and if the department determines that sufficient funds are available, the department may begin to implement the Wisconsin works program no sooner than July 1, 1996, for selected counties or groups determined by the department and shall implement the Wisconsin works program statewide for all groups no later than September 1, 1997. If a waiver is not granted and in effect or federal legislation is not enacted before March 30, 1997, the department shall implement the Wisconsin works program statewide for all groups no later than 3 months after the necessary waiver has been granted or federal legislation has been enacted.

AB591,36,25 (d) Before implementing the Wisconsin works program, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the department will begin to implement the Wisconsin works program statewide.

AB591,37,6 (3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.

AB591,37,9 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

AB591, s. 69 Section 69. 49.143 of the statutes is created to read:

AB591,37,17 49.143 Wisconsin works; agency contracts. (1) Awarding contracts. (a) The department may contract with any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department may award a contract under this section on the basis of a competitive process approved by the secretary of administration, or, if the secretary of administration determines that it is in the best interest of the state to do so, on the basis of a noncompetitive process.

AB591,37,25 (b) If no acceptable provider in a geographical area is selected under par. (a), the department may administer Wisconsin works directly in that geographical area, or, for a period of up to 12 months succeeding the statewide implementation of Wisconsin works, may require the county or counties that comprise that geographical area to administer Wisconsin works. Notwithstanding s. 16.75 (1) and (2m), a county that is required under this paragraph to administer Wisconsin works may contract with any person without competitive bidding or competitive sealed proposals to administer Wisconsin works.

AB591,38,3 (2) Contract requirements. Each contract under sub. (1) shall contain performance-based incentives established by the department by rule. The contract shall require a Wisconsin works agency to do all of the following:

AB591,38,13 (a) Establish a community steering committee. The Wisconsin works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency. The committee shall consist of at least 12 members, but not more than 15 members. The members of the committee shall appoint a chairperson who shall be a person who represents business interests. The committee shall do all of the following:

AB591,38,15 1. Advise the Wisconsin works agency concerning employment and training activities.

AB591,38,17 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial jobs or community service jobs.

AB591,38,19 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial jobs or community service jobs.

AB591,38,21 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs or community service jobs.

AB591,38,23 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs or community service jobs.

AB591,39,2 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs or community service jobs.

AB591,39,4 7. Coordinate with the governor's council on workforce excellence under s. 106.115 to ensure compatibility of purpose and no duplication of effort.

AB591,39,10 (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; the state supplemental food program for women, infants and children under s. 253.06; and child care programs for individuals with incomes at or below 165% of the poverty line.

AB591,39,16 (c) Employ at least one financial and employment planner. The financial and employment planner shall work with a participant to facilitate the participant's achievement of the maximum degree of self-sufficiency. The department shall ensure that a financial and employment planner employed by a Wisconsin works agency meets certification and training requirements established by the department and that appropriate training is provided by a Wisconsin works agency.

AB591,39,21 (d) If the agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works, the food stamp program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB591,39,25 (e) Certify eligibility for and issue food coupons in conformity with 7 USC 2011 to 2029. The agency may subcontract certification of food coupon eligibility for individuals who do not participate in any component of the Wisconsin works program.

AB591,40,2 (f) Perform any other tasks specified by the department in the contract that department determines is necessary for the administration of Wisconsin works.

AB591,40,7 (3) Performance standards. The department shall promulgate a rule establishing performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold any or all payment from the Wisconsin works agency.

AB591,40,9 (4) Audits. The department may require a Wisconsin works agency to submit to an independent annual audit paid for by the Wisconsin works agency.

AB591,40,16 (5) Requests for information. (a) In accordance with rules promulgated by the department, a Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this paragraph. The Wisconsin works agency may disclose information obtained under this paragraph only in the administration of Wisconsin works.