AB591: Bill Text

AB591, s. 42 Section 42. 46.98 (1) (ar) of the statutes is created to read:

AB591,24,24 46.98 (1) (ar) "Department" means the department of industry, labor and job development.

AB591, s. 43 Section 43. 46.98 (1) (b) of the statutes is amended to read:

AB591,25,3 46.98 (1) (b) "Gainfully employed" means working, or seeking employment or participating in a training or educational program designed to lead directly to paid employment.

AB591, s. 44 Section 44. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,25,16 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) for at-risk, low-income and respite child care services under subs. (2m) and sub. (4g) to private nonprofit child care providers that provide child care for the children of migrant workers and to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and respite at-risk child care services under sub. subs. (2m) and (3) to county departments under s. 46.215, 46.22 or 46.23. The department shall also distribute the funds allocated under s. 49.181 (1) (b) for at-risk and low-income child care services under subs. (2m) and (3) to private nonprofit child care providers who provide child care for the children of migrant workers.

AB591, s. 45 Section 45. 46.98 (4) (a) 2. of the statutes is amended to read:

AB591,25,21 46.98 (4) (a) 2. A parent who is gainfully employed, who is in need of child care services and whose family income is equal to or less than 75% 165% of the state median income. The department shall annually determine the state median income poverty line, as defined in s. 46.30 (1) (c).

AB591, s. 46 Section 46. 46.98 (4) (b) of the statutes is amended to read:

AB591,26,2 46.98 (4) (b) Parents receiving aid under sub. (3) whose family income is equal to or greater than 50% of the state median income are liable for a portion of the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.

AB591, s. 47 Section 47. 46.98 (6) of the statutes is created to read:

AB591,26,5 46.98 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d).

AB591, s. 48 Section 48. 46.986 (1) (b) of the statutes is amended to read:

AB591,26,9 46.986 (1) (b) "Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591, s. 49 Section 49. 46.986 (1) (m) of the statutes is amended to read:

AB591,26,13 46.986 (1) (m) "Parent" has the meaning given in s. 46.98 (1) (c) means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

AB591, s. 50 Section 50. 46.987 (1) (a) of the statutes is amended to read:

AB591,26,17 46.987 (1) (a) "Child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591, s. 51 Section 51. 46.987 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,27,2 46.987 (2) (a) From the allocation under s. 46.979 (2) (c) 4. the department may award grants to child care providers that meet the quality of care standards established under s. 46.98 (4) (e) or 49.155 (6) 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.

AB591, s. 52 Section 52. 46.995 (2) (c) of the statutes is amended to read:

AB591,27,6 46.995 (2) (c) Highest rate, by county population, of participation in the aid to families with dependent children program under s. 49.19 or the Wisconsin works program under s. 49.147 (3) to (5).

AB591, s. 53 Section 53. 48.40 (1m) of the statutes is created to read:

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.