AB591,60,14 8(3) Use of child care funds. (a) A Wisconsin works agency may provide child
9care services itself; purchase child care services from a child care provider; provide
10vouchers to an eligible parent for the payment of child care services provided by a
11child care provider; reimburse an eligible parent for payments made by the parent
12to a child care provider for child care services; adopt, with the approval of the
13department, any other arrangement that the Wisconsin works agency considers
14appropriate; or use any combination of these methods to provide child care.
AB591,60,1815 (b) With the approval of the department, a Wisconsin works agency may spend
16moneys distributed under this section for start-up, improvement or expansion of
17child care services or facilities or for the recruitment, education or training of persons
18providing child care.
AB591,60,22 19(4) Choice of provider. An eligible individual shall choose whether the child
20care will be provided by a day care provider licensed under s. 48.65, a day care
21provider certified under s. 48.651, or a provider of provisional certified family care,
22as defined by the department by rule.
AB591,61,2 23(5) Liability for payment. An individual who receives aid under this section
24is liable for a portion of the cost of child care received, payable in accordance with a

1sliding scale formula established by the department that is based on the individual's
2ability to pay.
AB591,61,7 3(6) Child care rates and quality standards. (a) The department shall
4establish the maximum rate that a Wisconsin works agency may pay for child care
5services provided under this section. The department shall set the rate at a
6reasonable and customary level that does not preclude eligible individuals from
7having a reasonable selection of child care providers.
AB591,61,168 (b) 1. The department shall promulgate rules to establish quality of care
9standards for child care providers that are higher than the quality of care standards
10required for licensure under s. 48.65 or for certification under s. 48.651. The
11standards established by rules promulgated under this subdivision shall consist of
12the standards provided for the accreditation of day care centers by the National
13Association for the Education of Young Children or any other comparable standards
14that the department may establish, including standards regarding the turnover of
15child care provider staff and the training and benefits provided for child care
16provider staff.
AB591,61,2217 2. To the extent permitted under federal law, the department shall also
18promulgate rules to establish a system of rates or a program of grants that the
19department will pay to child care providers that meet the higher quality of care
20standards established by rules promulgated under subd. 1. If a system of rates is
21established by the rules promulgated under this subdivision, the rates under that
22system shall be higher than the rates established under par. (a).
AB591,62,2 23(7) Refusal to pay child care providers. A Wisconsin works agency may refuse
24to pay a child care provider for child care provided under this section if any of the

1following applies to the child care provider, employe or person living on the premises
2where child care is provided:
AB591,62,43 (a) The person has been convicted of a felony or misdemeanor that the
4Wisconsin works agency determines substantially relates to the care of children.
AB591,62,65 (b) The person is the subject of a pending criminal charge that the Wisconsin
6works agency determines substantially relates to the care of children.
AB591,62,87 (c) The person has been determined under s. 48.981 to have abused or neglected
8a child.
AB591, s. 79 9Section 79. 49.157 of the statutes is created to read:
AB591,62,14 1049.157 Wisconsin works; transportation assistance. (1) Eligibility. In
11accordance with rules promulgated by the department, a Wisconsin works agency
12shall determine the eligibility of an individual for financial assistance for
13transportation costs associated with transporting a child to and from a child care
14provider.
AB591,62,16 15(2) Distribution of Funds. The department shall distribute the funds allocated
16under s. 49.181 (1) (h) for transportation assistance to Wisconsin works agencies.
AB591, s. 80 17Section 80. 49.159 of the statutes is created to read:
AB591,62,24 1849.159 Wisconsin works; noncustodial and minor and other custodial
19parents. (1)
Noncustodial parents. An individual who would be eligible under s.
2049.145 except that the individual is the noncustodial parent of a dependent child, is
21eligible for services under this subsection if the dependent child's custodial parent
22is a participant. The Wisconsin works agency may provide job search assistance and
23case management designed to enable eligible noncustodial parents to obtain and
24retain employment.
AB591,63,8
1(2) Minor custodial parents; financial and employment counseling. A
2custodial parent who is under the age of 18 is eligible, regardless of that individual's
3or that individual's parent's income or assets, to meet with a financial and
4employment planner. The financial and employment planner may provide the
5individual with information regarding Wisconsin works eligibility, available child
6care services, employment and financial planning, family planning services,
7community resources, eligibility for food stamps and other food and nutrition
8programs.
AB591,63,12 9(3) Other custodial parents. A custodial parent in a Wisconsin works group
10in which the other custodial parent is a participant in a Wisconsin works
11employment position is eligible for employment training and job search assistance
12services provided by the Wisconsin works agency.
AB591, s. 81 13Section 81. 49.161 of the statutes is created to read:
AB591,63,17 1449.161 Wisconsin works; overpayments. The department shall recover an
15overpayment of benefits paid under s. 49.148 from an individual who continues to
16receive benefits under s. 49.148 by reducing the amount of the individual's benefit
17payment by no more than 10%.
AB591, s. 82 18Section 82. 49.181 of the statutes is created to read:
AB591,63,22 1949.181 Public assistance and local assistance funding. (1) Funds
20distribution.
Except as provided in sub. (2), within the limits of the appropriation
21under s. 20.435 (4) (dz), the department shall allocate the following amounts for the
22following purposes:
AB591,64,223 (a) Child care for recipients and former recipients of aid to families with
24dependent children.
For child care services under s. 49.50 (6g) and for child care
25services and related transportation costs under s. 49.50 (6e) (a) or (b) and (6k) (b),

1the department shall allocate $4,713,000 in fiscal year 1995-96 and $5,687,400 in
2fiscal year 1996-97.
AB591,64,53 (b) Low-income and at-risk child care. For low-income and at-risk child care
4services under s. 46.98 (2m) to (4), the department shall allocate $21,404,100 in fiscal
5year 1995-96 and $21,504,800 in fiscal year 1996-97.
AB591,64,116 (c) Income maintenance payments to individuals. For income maintenance
7payments to individuals under s. 49.52 and for foster care and treatment foster care
8provided by nonlegally responsible relatives under state or county administered
9programs, if the relatives are licensed to operate foster homes or treatment foster
10homes under s. 48.62, the department shall allocate $141,277,600 in fiscal year
111995-96 and $132,968,700 in fiscal year 1996-97.
AB591,64,1812 (d) Public assistance administration and medical assistance eligibility
13determination.
For payment distribution under s. 49.52 (1) for county
14administration of public assistance benefits and medical assistance eligibility
15determination, for payments to American Indian tribes for administration of public
16assistance benefits, and for fraud investigation and error reduction under s. 49.197
17(1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96 and
18$28,864,400 in fiscal year 1996-97.
AB591,64,2219 (e) Emergency assistance for families with needy children. For emergency
20assistance for families with needy children under s. 49.19 (11) (b), the department
21shall allocate $1,659,700 in fiscal year 1995-96 and $1,659,700 in fiscal year
221996-97.
AB591,65,323 (f) Learnfare; job opportunities and basic skills program; food stamp
24employment and training; parental responsibility pilot program.
For the learnfare
25program under s. 49.50 (7), the job opportunities and basic skills program under s.

149.193, the food stamp employment and training project under s. 49.124 and the
2parental responsibility pilot program under s. 49.25, the department shall allocate
3$25,045,800 in fiscal year 1995-96 and $26,447,100 in fiscal year 1996-97.
AB591,65,64 (g) Learnfare case management. For case management for learnfare pupils
5under s. 46.62, the department shall allocate $1,289,300 in fiscal year 1995-96 and
6$1,309,500 in fiscal year 1996-97.
AB591,65,147 (h) Wisconsin works administration. For payments to Wisconsin works
8agencies under s. 49.52 (1) for administration of Wisconsin works benefits under ss.
949.141 to 49.151 and 49.155 to 49.161, for Wisconsin works health care coverage
10eligibility determination under s. 49.153 and for fraud investigation and error
11reduction under s. 49.197 (1m) and (4) and for payments to individuals under s.
1249.148 for Wisconsin works employment positions and under ss. 49.155 and 49.157
13for child care and related transportation services, the department shall allocate $0
14for fiscal year 1996-97.
AB591,65,18 15(2) Transfer of funds. With the approval of the secretary of administration,
16the department may use up to 30% of the amounts required to be allocated under any
17paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) in
18each fiscal year.
AB591, s. 83 19Section 83. 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2) of the statutes, as
20created by 1995 Wisconsin Act .... (this act), are amended to read:
AB591,65,2321 49.181 (1) Funds distribution. (intro.) Within the limits of the appropriation
22under s. 20.435 (4) (dz) 20.445 (3) (dz), the department shall allocate the following
23amounts for the following purposes:
AB591,66,324 (a) Child care for recipients and former recipients of aid to families with
25dependent children.
For child care services under s. 49.50 (6g) 49.191 (2) and for child

1care services and related transportation costs under s. 49.50 (6e) 49.191 (1) (a) or (b)
2and (6k) (3) (b), the department shall allocate $4,713,000 in fiscal year 1995-96 and
3$5,687,400 in fiscal year 1996-97.
AB591,66,104 (c) Income maintenance payments to individuals. For income maintenance
5payments to individuals under s. 49.52 and 49.33, for foster care and treatment foster
6care provided by nonlegally responsible relatives under state or county administered
7programs, if the relatives are licensed to operate foster homes or treatment foster
8homes under s. 48.62 and for kinship care under s. 48.57 (3m), the department shall
9allocate $141,277,600 in fiscal year 1995-96 and $132,968,700 in fiscal year
101996-97.
AB591,66,1711 (d) Public assistance administration and medical assistance eligibility
12determination.
For payment distribution under s. 49.52 (1) 49.33 for county
13administration of public assistance benefits and medical assistance eligibility
14determination, for payments to American Indian tribes for administration of public
15assistance benefits, and for fraud investigation and error reduction under s. 49.197
16(1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96 and
17$28,864,400 in fiscal year 1996-97.
AB591,66,2318 (f) Learnfare; job opportunities and basic skills program; food stamp
19employment and training; parental responsibility pilot program.
For the learnfare
20program under s. 49.50 (7) 49.26 (1), the job opportunities and basic skills program
21under s. 49.193, the food stamp employment and training project under s. 49.124 and
22the parental responsibility pilot program under s. 49.25, the department shall
23allocate $25,045,800 in fiscal year 1995-96 and $26,447,100 in fiscal year 1996-97.
AB591,67,3
1(g) Learnfare case management. For case management for learnfare pupils
2under s. 46.62 49.26 (2), the department shall allocate $1,289,300 in fiscal year
31995-96 and $1,309,500 in fiscal year 1996-97.
AB591,67,7 4(2) Transfer of funds. With the approval of the secretary of administration,
5the department may use up to 30% of the amounts required to be allocated under any
6paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) (h)
7in each fiscal year.
AB591, s. 84 8Section 84. 49.19 (4e) (a) of the statutes is amended to read:
AB591,67,159 49.19 (4e) (a) Except as provided in par. (b), if If a person applying for aid is
10under 18 years of age, has never married and is pregnant or has a dependent child
11in his or her care, the person is not eligible for aid unless he or she lives in a place
12maintained by his or her parent, legal guardian or other adult relative as the
13parent's, guardian's or other adult relative's own home or lives in a foster home,
14treatment foster home, maternity home or other supportive living arrangement
15supervised by an adult.
AB591, s. 85 16Section 85. 49.19 (4e) (c) of the statutes is created to read:
AB591,67,2117 49.19 (4e) (c) The department shall request a waiver from the secretary of the
18federal department of health and human services to require, without exception, that
19a person applying for aid who is under 18 years of age, has never married and is
20pregnant or has a dependent child in his or her care meet the requirements of par.
21(a). If a waiver is granted and in effect, par. (b) does not apply.
AB591, s. 86 22Section 86. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995
23Wisconsin Act 12
, is amended to read:
AB591,68,324 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
25payments made under s. 20.435 (4) (d) (dz) and (p) to persons or to families with

1dependent children shall be based on family size and shall be at 80% of the total of
2the allowances under subds. 2. and 4. plus the following standards of assistance
3beginning on September 1, 1987:
AB591, s. 87 4Section 87. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995
5Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:
AB591,68,106 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
7payments made under s. 20.445 (3) (dz) and (p) to persons or to families with
8dependent children shall be based on family size and shall be at 80% of the total of
9the allowances under subds. 2. and 4. plus the following standards of assistance
10beginning on September 1, 1987:
AB591, s. 88 11Section 88. 49.19 (20) of the statutes is amended to read:
AB591,68,1812 49.19 (20) After December 31, 1998, Beginning on January 1, 1999, or
13beginning on the first day of the 6th month beginning after the date stated in the
14notice under s. 49.141 (2) (d), whichever is sooner,
no person is eligible to receive
15benefits under this section and no aid may be granted under this section. No
16additional notice, other than the enactment of this subsection, is required to be given
17under sub. (13) to recipients of aid under this section to terminate their benefits
18under this subsection.
AB591, s. 89 19Section 89. 49.191 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
20sections 3089c, 3090 and 3092, is repealed and recreated to read:
AB591,69,421 49.191 (1) Child care funds for certain reciepients of aid to families with
22dependent children.
Within the limits of funds available under ss. 20.435 (3) (jg)
23and 20.445 (3) (dz) and (na), the department shall provide funds for individuals who
24are working and who receive aid to families with dependent children to pay child care
25costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and

1child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes
2available if the child care is provided by a child care provider. This paragraph does
3not apply beginning on the first day of the 6th month beginning after the date stated
4in the notice under s. 49.141 (2) (d).
AB591, s. 90 5Section 90. 49.191 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
6section 3093c, is amended to read:
AB591,69,207 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 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if
15the child care services meet the quality standards established under s. 46.98 (4) (e),
16the rates for child care services under this subsection that meet those standards shall
17be determined under s. 46.98 (4) (e). The department shall promulgate rules for the
18disbursement of funds under this subsection. This subsection does not apply
19beginning on the first day of the 6th month beginning after the date stated in the
20notice under s. 49.141 (2) (d).
AB591, s. 91 21Section 91. 49.191 (3) (a) and (b) of the statutes, as affected by 1995 Wisconsin
22Act 27
, are repealed and recreated to read:
AB591,70,323 49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall
24administer the funds appropriated for the purpose of providing child care under
25subs. (1) and (2) for recipients and former recipients of aid under s. 49.19 and under

1s. 49.26 (1) (e) for participants in the learnfare program. The department shall
2allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the
3purposes of this paragraph.
AB591,70,84 (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22
5or 46.23 may, with the approval of the department, provide payment for, or
6reimbursement of, child care under sub. (1) or s. 49.193 (8) using funds allocated
7under par. (a). The department shall approve or disapprove this use of funds under
8criteria established to maximize state and federal funding available for child care.
AB591, s. 92 9Section 92. 49.193 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 12,
10is amended to read:
AB591,70,1811 49.193 (2) (a) The Except as provided in par. (am), the department shall ensure
12that all persons required under 42 USC 602 (a) (19) and 42 USC 681 to 687 to
13participate in a job opportunities and basic skills training program participate in the
14program under this section. In addition, the department shall require a parent or
15other caretaker relative of a child who is at least one year of age to participate in the
16program under this section on a full-time basis, unless the parent or other caretaker
17relative is exempt from participation in the program for a reason other than being
18a parent or other caretaker of a child under 3 years of age.
AB591, s. 93 19Section 93. 49.193 (2) (am) of the statutes is created to read:
AB591,70,2320 49.193 (2) (am) 1. The department shall request a waiver from the secretary
21of the federal department of health and human services to permit the application of
22subd. 2. If a waiver is granted and in effect, the department shall implement subd.
232. no later than the first day of the 2nd month beginning after the waiver is approved.
AB591,71,324 2. If a waiver is granted and in effect, the department shall require a parent
25or other caretaker relative of a child who is at least 12 weeks of age to participate in

1the program under this section on a full-time basis, unless the parent or other
2caretaker relative is exempt from participation for a reason other than being a parent
3or other caretaker of a child under 3 years of age.
AB591, s. 94 4Section 94. 49.193 (4) (g) of the statutes is amended to read:
AB591,71,65 49.193 (4) (g) Work supplementation, as described in 45 CFR 250.62, in which
6participation is voluntary mandatory.
AB591, s. 95 7Section 95. 49.193 (4) (j) 4. of the statutes is repealed.
AB591, s. 96 8Section 96. 49.193 (4) (k) 1m. of the statutes is created to read:
AB591,71,109 49.193 (4) (k) 1m. Alcohol and other drug abuse prevention, assessment and
10treatment programs.
AB591, s. 97 11Section 97. 49.193 (4m) of the statutes is created to read:
AB591,71,1512 49.193 (4m) Alcohol and other drug abuse prevention and treatment
13program.
The department may require participation in an alcohol and other drug
14abuse assessment, prevention and treatment program to fulfill employment and
15training requirements described in this section.
AB591, s. 98 16Section 98. 49.193 (6) (c) of the statutes is amended to read:
AB591,71,2217 49.193 (6) (c) No Except as provided in par. (e), no person may be required to
18work more than 32 hours per week in a community work experience component. No
19person may be required to work more than 16 weeks in a component under this
20subsection during a 12-month period, except that a person who is eligible for aid
21under s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a
22component under this subsection in order to comply with 45 CFR 250.33.
AB591, s. 99 23Section 99. 49.193 (6) (e) of the statutes is created to read:
AB591,72,1024 49.193 (6) (e) The department shall request a waiver from the secretary of the
25federal department of health and human services to allow the department to require

1a person to work not more than 40 hours per week in a community work experience
2component and not more than 6 months in a component under this subsection during
3a 12-month period instead of the number of hours and weeks under par. (c). If the
4waiver is granted and in effect, the department may require a person to work not
5more than 40 hours per week in a community work experience component. If a
6waiver is granted and in effect, the department may require a person to work not
7more than 6 months in a component under this subsection during a 12-month period,
8except that the department may require a person who is eligible for aid under s. 49.19
9(4) (dm) to work for more than 6 months in a component under this subsection in
10order comply with 45 CFR 250.33.
AB591, s. 100 11Section 100. 49.193 (7) of the statutes is repealed.
AB591, s. 101 12Section 101. 49.193 (8) (bm) of the statutes is amended to read:
AB591,72,1813 49.193 (8) (bm) Beginning on January 1, 1994, a county department under s.
1446.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
15this subsection or under s. 49.50 (6e) (a) may, with the approval of the department,
16use those funds to pay or reimburse child care costs under s. 49.50 (6e) (b), (6g) or (7)
17(e). The department shall approve or disapprove of this use of funds under criteria
18established to maximize state and federal funding available for child care.
AB591, s. 102 19Section 102. 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Acts
2027 and .... (this act), is repealed and recreated to read:
AB591,73,221 49.193 (8) (bm) Beginning on January 1, 1994, a county department under s.
2246.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
23this subsection may, with the approval of the department, use those funds to pay or
24reimburse child care costs under s. 49.191 (1) or (2) or 49.26 (1) (e). The department

1shall approve or disapprove of this use of funds under criteria established to
2maximize state and federal funding available for child care.
AB591, s. 103 3Section 103. 49.193 (9m) (a) of the statutes, as created by 1995 Wisconsin Act
412
, is renumbered 49.193 (9m) (am).
AB591, s. 104 5Section 104. 49.193 (9m) (ag) of the statutes is created to read:
AB591,73,96 49.193 (9m) (ag) In this subsection, "participant" includes a case head, as
7defined by the department by rule, of an aid to families with dependent children case,
8even if the needs of the case head have been removed from the case as the result of
9a sanction.
AB591, s. 105 10Section 105. 49.193 (10m) of the statutes is amended to read:
AB591,73,2011 49.193 (10m) Work-first program. The department shall select Kenosha
12county and additional counties in which to pilot the work-first program under this
13subsection. The work-first program shall be conducted as part of the job
14opportunities and basic skills program under this section and shall be funded from
15s. 20.435 (4) (df) (dz). The work-first program shall seek to increase the amount of
16job opportunities and basic skills program services provided to recipients of aid to
17families with dependent children and to minimize the time between the date on
18which a person in a pilot county first applies for aid to families with dependent
19children under s. 49.19 and the date on which the person begins to participate in the
20job opportunities and basic skills program under this section.
AB591, s. 106 21Section 106. 49.193 (10m) of the statutes, as affected by 1995 Wisconsin Acts
2227 and .... (this act), is repealed and recreated to read:
AB591,74,723 49.193 (10m) Work-first program. The department shall select Kenosha
24county and additional counties in which to pilot the work-first program under this
25subsection. The work-first program shall be conducted as part of the job

1opportunities and basic skills program under this section and shall be funded from
2s. 20.445 (3) (dz). The work-first program shall seek to increase the amount of job
3opportunities and basic skills program services provided to recipients of aid to
4families with dependent children and to minimize the time between the date on
5which a person in a pilot county first applies for aid to families with dependent
6children under s. 49.19 and the date on which the person begins to participate in the
7job opportunities and basic skills program under this section.
AB591, s. 107 8Section 107. 49.193 (12) of the statutes is created to read:
AB591,74,149 49.193 (12) Sunset. Beginning on January 1, 1999, or beginning on the first
10day of the 6th month beginning after the date stated in the notice under s. 49.141 (2)
11(d), whichever is sooner, no person is eligible to receive benefits under this section
12and no aid may be granted under this section. No additional notice, other than
13enactment of this subsection, is required to be given to recipients of aid under this
14section to terminate their benefits under this subsection.
AB591, s. 108 15Section 108. 49.195 (title) of the statutes is amended to read:
AB591,74,17 1649.195 (title) Recovery of aid to families with dependent children and
17Wisconsin works benefits
.
AB591, s. 109 18Section 109. 49.195 (1) of the statutes is amended to read:
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