AB100,806,1313
49.155
(1m) (b) 2. Section 49.145 (2) (s).
AB100, s. 1849
14Section
1849. 49.155 (1m) (c) of the statutes is renumbered 49.155 (1m) (c) 1.
15and amended to read:
AB100,806,2216
49.155
(1m) (c) 1. The gross income of the individual's family is at or below
17165% of the poverty line for a family the size of the individual's family
or, for an
18individual who is already receiving a child care subsidy under this section, the gross
19income of the individual's family is at or below 200% of the poverty line for a family
20the size of the individual's family. In calculating the gross income of the family, the
21Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to
223.
AB100, s. 1850
23Section
1850. 49.155 (1m) (c) (intro.) of the statutes is created to read:
AB100,806,2424
49.155
(1m) (c) (intro.) Any of the following applies:
AB100, s. 1851
25Section
1851. 49.155 (1m) (c) 2. of the statutes is created to read:
AB100,807,7
149.155
(1m) (c) 2. The individual was eligible under s. 49.132 (4) (am) for aid
2under s. 49.132 and received aid under s. 49.132 on or after May 10, 1996, but lost
3eligibility solely because of increased income, and the gross income of the individual's
4family is at or below 200% of the poverty line for a family the size of the individual's
5family. This subdivision does not apply to an individual whose family's gross income
6increased to more than 200% of the poverty line for a family the size of the
7individual's family.
AB100, s. 1852
8Section
1852. 49.155 (1m) (c) 3. of the statutes is created to read:
AB100,807,159
49.155
(1m) (c) 3. The individual was eligible for a child care subsidy under s.
1049.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May
1110, 1996, but lost the subsidy solely because of increased income, and the gross
12income of the individual's family is at or below 200% of the poverty line for a family
13the size of the individual's family. This subdivision does not apply to an individual
14whose family's gross income increased to more than 200% of the poverty line for a
15family the size of the individual's family.
AB100, s. 1853
16Section
1853. 49.155 (3m) of the statutes is created to read:
AB100,807,2117
49.155
(3m) Distribution of child care funds to counties and certain child
18care providers. (a) The department shall reimburse child care providers or shall
19distribute funds to county departments under s. 46.215, 46.22 or 46.23 for child care
20services provided under this section and to private nonprofit agencies that provide
21child care for children of migrant workers.
AB100,807,2422
(b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed
23under par. (a) may be used for the costs of administering the program under this
24section.
AB100,808,7
1(c) From the funds distributed under par. (a), a county may provide child care
2services itself, purchase child care services from a child care provider, provide
3vouchers to an eligible parent for the payment of child care services provided by a
4child care provider, reimburse an eligible parent for payments made by the parent
5to a child care provider for child care services, adopt, with the approval of the
6department, any other arrangement that the county considers appropriate or use
7any combination of these methods to provide child care.
AB100,808,108
(d) No funds distributed under par. (a) may be used to provide care for a child
9by a person who resides with the child, unless the county determines that the care
10is necessary because of a special health condition of the child.
AB100, s. 1854
11Section
1854. 49.155 (6) (a) of the statutes is amended to read:
AB100,808,1812
49.155
(6) (a)
The department Subject to review and approval by the
13department, each county shall establish the maximum
reimbursement rate
that a
14county department under s. 46.215, 46.22 or 46.23 may pay for
licensed child care
15services provided under this section.
The department
A county shall set the rate so
16that at least 75% of the number of places for children within the licensed capacity of
17all child care providers in
each that county
or in a multicounty area determined by
18the department can be purchased at or below that maximum rate.
AB100, s. 1855
19Section
1855. 49.155 (6) (b) of the statutes is amended to read:
AB100,808,2520
49.155
(6) (b)
The department Subject to review and approval by the
21department, each county shall set a maximum
reimbursement rate
that a county
22department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day
23care providers for services provided to eligible individuals
under this section. The
24maximum rate set under this paragraph may not exceed 75% of the rate established
25under par. (a).
AB100, s. 1856
1Section
1856. 49.155 (6) (c) of the statutes is amended to read:
AB100,809,72
49.155
(6) (c)
The department Subject to review and approval by the
3department, each county shall set a maximum
reimbursement rate
that a county
4department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day
5care providers for services provided to eligible individuals
under this section. The
6maximum rate set under this paragraph may not exceed 50% of the rate established
7under par. (a).
AB100, s. 1857
8Section
1857. 49.155 (6) (d) of the statutes is amended to read:
AB100,809,159
49.155
(6) (d) The department may
promulgate rules to establish a system of
10rates
for child care programs that exceed the quality of care standards required for
11licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of
12grants that the department will pay to child care providers that meet the higher
13quality of care standards established by rules promulgated under sub. (1d) (b). If a
14system of rates is established under this paragraph, the rates under that system
15shall be higher than the rates established under pars. (a) to (c).
AB100, s. 1858
16Section
1858. 49.185 (1m) of the statutes is created to read:
AB100,809,1817
49.185
(1m) Funding. Payments for grants awarded under this section shall
18be made from the appropriations under s. 20.445 (3) (em) and (md).
AB100, s. 1859
19Section
1859. 49.19 (10) (a) of the statutes is amended to read:
AB100,810,820
49.19
(10) (a) Aid under this section may also be granted to a nonrelative who
21cares for a child dependent upon the public for proper support in a foster home or
22treatment foster home having a license under s. 48.62, in a foster home or treatment
23foster home located within the boundaries of a federally recognized American Indian
24reservation in this state and licensed by the tribal governing body of the reservation
25or in a group home licensed under s. 48.625
or to a minor custodial parent who cares
1for the dependent child, regardless of the cause or prospective period of dependency.
2The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and
3the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under
4this subsection except that if the child does not have legal settlement in the granting
5county, state reimbursement shall be at 100%. The county department under s.
646.215 or 46.22 shall determine the legal settlement of the child. A child under one
7year of age shall be eligible for aid under this subsection irrespective of any other
8residence requirement for eligibility within this section.
AB100, s. 1860
9Section
1860. 49.19 (10) (d) of the statutes is amended to read:
AB100,810,1910
49.19
(10) (d) Aid may also be paid under this section to a
licensed foster home
11or, treatment foster home,
to a group home
licensed under s. 48.625 or
to a 12child-caring institution by the state when the child is in the custody or guardianship
13of the state, when the child is a ward of an American Indian tribal court in this state
14and the placement is made under an agreement between the department and the
15tribal governing body or when the child was part of the state's direct service case load
16and was removed from the home of a relative specified in sub. (1) (a) as a result of
17a judicial determination that continuance in the home of a relative would be contrary
18to the child's welfare for any reason and the child is placed by the department of
19health and family services or the department of corrections.
AB100, s. 1861
20Section
1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:
AB100,810,2521
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
22payments made under s. 20.445 (3)
(d) (dz) and
(p) (md) to persons or to families with
23dependent children shall be based on family size and shall be at 80% of the total of
24the allowances under subds. 2. and 4. plus the following standards of assistance
25beginning on September 1, 1987:
AB100, s. 1862
1Section
1862. 49.19 (19m) of the statutes is created to read:
AB100,811,32
49.19
(19m) Notwithstanding subs. (1) to (19), no aid may be paid under this
3section for a child on whose behalf a payment is made under s. 49.775.
AB100, s. 1863
4Section
1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:
AB100,811,55
49.19
(20) (b) Notwithstanding par. (a):
AB100,811,106
1. If a nonlegally responsible relative is receiving aid under this section on
7behalf of a dependent child on the effective date of this subdivision .... [revisor inserts
8date], no aid under this section may be paid to the nonlegally responsible relative
9after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after
10the effective date of this subdivision .... [revisor inserts date], whichever is earlier.
AB100,811,1411
2. If a nonlegally responsible relative is not receiving aid under this section on
12behalf of a dependent child on the effective date of this subdivision .... [revisor inserts
13date], no aid may be paid to the nonlegally responsible relative on or after the
14effective date of this subdivision .... [revisor inserts date].
AB100, s. 1864
15Section
1864. 49.191 (1) (b) of the statutes is amended to read:
AB100,811,2316
49.191
(1) (b) Within the limits of funds available under s. 20.445 (3)
(cn) (cm),
17(dz), (jg)
, (md) and (na), the department shall provide funds for individuals who are
18working and who receive aid to families with dependent children to pay child care
19costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and
20child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes
21available if the child care is provided by a child care provider. This paragraph does
22not apply beginning on the first day of the 6th month beginning after the date stated
23in the notice under s. 49.141 (2) (d).
AB100, s. 1865
24Section
1865. 49.193 (1) (c) of the statutes is amended to read:
AB100,812,5
149.193
(1) (c) The department shall coordinate the program under this section
2with the programs of the department of administration, the department of industry,
3labor and job development, the department of commerce, the department of
4education public instruction and the technical college system board and with
5programs operated under the job training partnership act,
29 USC 1501 to
1791j.
AB100, s. 1866
6Section
1866. 49.193 (10m) of the statutes is amended to read:
AB100,812,167
49.193
(10m) Work-first program. The department shall select Kenosha
8county and additional counties in which to pilot the work-first program under this
9subsection. The work-first program shall be conducted as part of the job
10opportunities and basic skills program under this section and shall be funded from
11s. 20.445 (3)
(df) (dz). The work-first program shall seek to increase the amount of
12job opportunities and basic skills program services provided to recipients of aid to
13families with dependent children and to minimize the time between the date on
14which a person in a pilot county first applies for aid to families with dependent
15children under s. 49.19 and the date on which the person begins to participate in the
16job opportunities and basic skills program under this section.
AB100, s. 1867
17Section
1867. 49.195 (1) of the statutes is amended to read:
AB100,813,2218
49.195
(1) If any parent at the time of receiving aid under s. 49.19 or a benefit
19under s.
49.132, 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires
20property by gift, inheritance, sale of assets, court judgment or settlement of any
21damage claim, or by winning a lottery or prize, the county granting such aid, or the
22Wisconsin works agency granting such a benefit, may sue the parent on behalf of the
23department to recover the value of that portion of the aid or of the benefit which does
24not exceed the amount of the property so acquired. The value of the aid or benefit
25liable for recovery under this section may not include the value of work performed
1by a member of the family in a community work experience program under s. 46.215
2(1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or
3in a community work experience component under s. 49.193 (6). During the life of
4the parent, the 10-year statute of limitations may be pleaded in defense against any
5suit for recovery under this section; and if such property is his or her homestead it
6shall be exempt from execution on the judgment of recovery until his or her death or
7sale of the property, whichever occurs first. Notwithstanding the foregoing
8restrictions and limitations, where the aid or benefit recipient is deceased a claim
9may be filed against any property in his or her estate and the statute of limitations
10specified in s. 859.02 shall be exclusively applicable. The court may refuse to render
11judgment or allow the claim in any case where a parent, spouse or child is dependent
12on the property for support, and the court in rendering judgment shall take into
13account the current family budget requirement as fixed by the U.S. department of
14labor for the community or as fixed by the authorities of the community in charge of
15public assistance. The records of aid or benefits paid kept by the county, by the
16department or by the Wisconsin works agency are prima facie evidence of the value
17of the aid or benefits furnished. Liability under this section shall extend to any
18parent or stepparent whose family receives aid under s. 49.19 or benefits under s.
1949.132, 49.148, 49.155 or 49.157 during the period that he or she is a member of the
20same household, but his or her liability is limited to such period. This section does
21not apply to medical and health assistance payments for which recovery is prohibited
22or restricted by federal law or regulation.
AB100, s. 1868
23Section
1868. 49.195 (3) of the statutes is amended to read:
AB100,814,624
49.195
(3) Notwithstanding s. 49.96, the department shall promptly recover all
25overpayments made under s.
49.19 49.132, 49.148, 49.153, 49.155
or, 49.157
or 49.19
1and shall promulgate rules establishing policies and procedures to administer this
2subsection.
Any county, governing body of a federally recognized American Indian
3tribe or Wisconsin works agency may retain 15% of benefits distributed under s.
449.132 or 49.155 that are recovered due to the efforts of an employe or officer of the
5county, tribe or W-2 agency, unless the benefits were provided as a result of state,
6county, tribal governing body or Wisconsin works agency error.
AB100, s. 1869
7Section
1869. 49.195 (4) of the statutes is amended to read:
AB100,814,138
49.195
(4) Any county
or, governing body of a federally recognized American
9Indian tribe
or Wisconsin works agency may retain 15% of benefits distributed under
10s. 49.19 that are recovered due to the efforts of an employe or officer of the county
or, 11tribe
or Wisconsin works agency. This subsection does not apply to recovery of
12benefits that were provided as a result of state, county
or
, tribal governing body
or
13Wisconsin works agency error.
AB100, s. 1870
14Section
1870. 49.195 (5) of the statutes is created to read:
AB100,814,1915
49.195
(5) Any Wisconsin works agency may retain 15% of benefits distributed
16under s. 49.148, 49.153, 49.155 or 49.157 that are recovered due to the efforts of an
17employe or officer of the Wisconsin works agency. This subsection does not apply to
18recovery of benefits that were provided as a result of error on the part of the
19Wisconsin works agency.
AB100, s. 1871
20Section
1871. 49.197 (1m) of the statutes is amended to read:
AB100,815,821
49.197
(1m) Fraud investigation. From the appropriations under s. 20.445 (3)
22(de) (dz), (L),
(md), (n) and (nL), the department shall establish a program to
23investigate suspected fraudulent activity on the part of recipients of medical
24assistance under subch. IV, aid to families with dependent children under s. 49.19
25and the food stamp program under
7 USC 2011 to
2029 2036 and on the part of
1participants in the Wisconsin works program under ss. 49.141 to 49.161. The
2department's activities under this subsection may include, but are not limited to,
3comparisons of information provided to the department by an applicant and
4information provided by the applicant to other federal, state and local agencies,
5development of an advisory welfare investigation prosecution standard and
6provision of funds to county departments under ss. 46.215, 46.22 and 46.23
and to
7Wisconsin works agencies to encourage activities to detect fraud. The department
8shall cooperate with district attorneys regarding fraud prosecutions.
AB100, s. 1872
9Section
1872. 49.197 (4) of the statutes is amended to read:
AB100,815,1610
49.197
(4) County and tribal error reduction. The department shall provide
11funds from the appropriations under s. 20.445 (3)
(de)
(dz), (L) and (Lm) and federal
12matching funds from the appropriations under s. 20.445 (3)
(md), (n) and (nL) to
13counties and governing bodies of federally recognized American Indian tribes
14administering medical assistance under subch. IV, aid to families with dependent
15children under s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset
16administrative costs of reducing payment errors in those programs.
AB100, s. 1874
18Section
1874. 49.22 (2m) of the statutes is renumbered 49.22 (2m) (a) and
19amended to read:
AB100,816,520
49.22
(2m) (a) The department may request from any person
in this state any
21information it determines appropriate and necessary for the administration of this
22section, ss.
49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the
23purposes of
7 USC 2011 to
2029.
Any person in this state Unless access to the
24information is prohibited or restricted by law, the person shall provide this
25information within 7 days after receiving a request under this
subsection paragraph.
1Except as provided in sub. (2p)
and subject to sub. (12), the department or the county
2child
and spousal support agency
under s. 59.53 (5) may disclose information
3obtained under this
subsection paragraph only in the administration of this section,
4ss.
49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of
7 USC
52011 to
2029.
AB100, s. 1875
6Section
1875. 49.22 (2m) (b) of the statutes is created to read:
AB100,816,107
49.22
(2m) (b) The department or county child support agency under s. 59.53
8(5) may issue a subpoena to compel the production of financial information and other
9documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46
10and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
AB100, s. 1876
11Section
1876. 49.22 (2m) (c) of the statutes is created to read:
AB100,816,1212
49.22
(2m) (c) A person is not liable to any person for any of the following:
AB100,816,1413
1. Allowing access to financial or other records by the department or a county
14child support agency under s. 59.53 (5) in response to a request under par. (a).
AB100,816,1715
2. Disclosing information from financial or other records to the department or
16a county child support agency under s. 59.53 (5) in response to a request under par.
17(a).
AB100,816,2218
3. Any other action taken in good faith to comply with this section or to comply
19with a request for information or access to records from the department or a county
20child support agency under s. 59.53 (5) in the administration of this section, ss.
2149.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 22to
2029.
AB100, s. 1877
23Section
1877. 49.22 (2m) (d) of the statutes is created to read:
AB100,817,224
49.22
(2m) (d) Any person who fails to respond to or comply with a request
25under par. (a) by the department or a county child support agency under s. 59.53 (5)
1may be required to pay a forfeiture in an amount determined by the department by
2rule.
AB100, s. 1878
3Section
1878. 49.22 (2p) of the statutes is amended to read:
AB100,817,94
49.22
(2p) The Except as provided in sub. (12), the department or a county child
5and spousal support agency
under s. 59.53 (5) may disclose to a parent with legal
6custody of a child, upon the parent's request, the last-known address, and the name
7and address of the last-known employer, of the child's other parent if that other
8parent owes a support obligation to the child and is in arrears in the payment of the
9support.
AB100, s. 1879
10Section
1879. 49.22 (7) of the statutes is amended to read:
AB100,817,2411
49.22
(7) The department may represent the state in any action to establish
12paternity or to establish or enforce a support or maintenance obligation. The
13department may delegate its authority to represent the state in any action to
14establish paternity or to establish or enforce a support or maintenance obligation
15under this section to an attorney responsible for support enforcement under s. 59.53
16(6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall
17ensure that any such contract is for an amount reasonable and necessary to assure
18quality service. The department may, by such a contract, authorize a county to
19contract with any attorney, collection agency or other person to collect unpaid child
20support or maintenance. If a county fails to fully implement the programs under s.
2159.53 (5), the department may implement them and may contract with any
22appropriate person to obtain necessary services. The department shall establish a
23formula for disbursing funds appropriated under s. 20.445 (3)
(p) (md) to carry out
24a contract under this subsection.
AB100, s. 1880
25Section
1880. 49.22 (7g) of the statutes is created to read:
AB100,818,1
149.22
(7g) The department shall provide all of the following:
AB100,818,42
(a) Training to hospital staff members concerning the form that is prescribed
3by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and
4benefits of establishing paternity.
AB100,818,65
(b) The written information that is required to be provided to parents under s.
669.14 (1) (cm).
AB100, s. 1881
7Section
1881. 49.22 (12) of the statutes is created to read:
AB100,818,108
49.22
(12) The department or a county child and spousal support agency may
9not release information to a person about the whereabouts of a person who is
10receiving services under this section if any of the following applies:
AB100,818,1511
(a) The person seeking the information is subject to a temporary restraining
12order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with
13respect to the person who is receiving services under this section; and the
14department or county child and spousal support agency has notice of the temporary
15restraining order or injunction.
AB100,818,1816
(b) The department or county child and spousal support agency has reason to
17believe that releasing the information may result in physical or emotional harm to
18the person who is receiving services under this section.
AB100, s. 1882
19Section
1882. 49.225 of the statutes is created to read:
AB100,818,21
2049.225 Ordering genetic tests. (1) In this section, "genetic test" has the
21meaning given in s. 767.001 (1m).
AB100,819,3
22(2) (a) A county child support agency under s. 59.53 (5) may require, by
23subpoena or otherwise, a child, the child's mother and a male alleged, or alleging
24himself, to be the child's father to submit to genetic tests if there is probable cause
25to believe that the male had sexual intercourse with the child's mother during a
1possible time of the child's conception. Probable cause of sexual intercourse during
2a possible time of conception may be established by a sufficient affidavit of the child's
3mother or the male alleged, or alleging himself, to be the child's father.
AB100,819,74
(b) If there is only one male alleged, or alleging himself, to be the father and
5one or more persons required to submit to genetic tests under par. (a) fail to appear
6for the scheduled tests, the county child support agency under s. 59.53 (5) shall bring
7an action under s. 767.45 for determining the paternity of the child.
AB100,819,9
8(3) The fees and costs for genetic tests performed on any person required to
9submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
AB100,819,1310
(a) The county may seek reimbursement from either the mother or male
11alleged, or alleging himself, to be the father, or from both, if the test results show that
12the male is not excluded as the father and that the statistical probability of the male's
13parentage is 99.0% or higher.
AB100,819,1814
(b) If 2 or more identical series of genetic tests are performed upon the same
15person, the county child support agency under s. 59.53 (5) shall require the person
16requesting the 2nd or subsequent series of tests to pay for the tests in advance. If
17the person requesting the 2nd or subsequent series of tests is indigent, the county
18shall pay for the tests and may seek reimbursement from the person.