AB602: Bill Text

Note: Current law provides that certain individuals are eligible for MA, including a child who is in a kinship care placement under ch. 48, stats., as determined by DHFS, or a child who is living with a relative who is eligible to receive kinship care payments with respect to the child, if DHFS determines that no other insurance is available to the child. This bill adds a parallel provision for a long-term kinship care relative, as defined in s. 48.57 (3n), stats., as created by this bill.

AB602, s. 27 Section 27. 49.96 of the statutes is amended to read:

AB602,22,10 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n) or 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

Note: Current law provides that certain types of assistance payments, including kinship care payments under s. 48.57 (3m), stats., are exempt from levy. This bill adds a parallel exemption for long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill.

AB602, s. 28 Section 28. 767.045 (1) (c) 1. of the statutes is amended to read:

AB602,22,16 767.045 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

Note: With respect to the circumstances under which a guardian ad litem is appointed for a child in an action involving the family when requested by the IV-D attorney, adds a provision to require the court, if so requested, to appoint a guardian ad litem, if long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, are paid on behalf of the child on the same basis as if kinship care payments under s. 48.57 (3m), stats., are paid on behalf of the child.

AB602, s. 29 Section 29. 767.075 (1) (c) and (cm) of the statutes are amended to read:

AB602,23,3 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

AB602,23,7 (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

Note: With respect to the circumstances under which the state is a real party in interest for purposes of establishing paternity and securing reimbursement of aid paid, future support and costs as appropriate in an action affecting the family, adds a provision to provide that the state is a real party in interest when long-term kinship care payments under s. 48.57 (3n), stats., as created by the bill, are provided or in the past have been provided on behalf of a dependent child on the same basis as the state is a real party in interest when kinship care payments under s. 48.57 (3m), stats., are provided or in the past have been provided on behalf of a dependent child.

AB602, s. 30 Section 30. 767.077 (intro.) of the statutes is amended to read:

AB602,23,13 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:

Note: With respect to when the state must bring an action for paternity determination and child support, adds a provision to require the state to bring such an action when the child's right to support is assigned to the state under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as the state is required to bring such an action when the child's right to support is assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats.

AB602, s. 31 Section 31. 767.078 (1) (a) 2. of the statutes is amended to read:

AB602,23,16 767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. or 49.19 (4) (h) 1. b.

Note: With respect to orders for a parent to seek employment or to participate in job training in a "case involving a dependent child", as defined in s. 767.078, stats., includes in that definition an action in which the child's right to support is assigned to the state under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as that definition includes an action in which the child's right to support is assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats.

AB602, s. 32 Section 32 . 767.29 (1m) (c) of the statutes is amended to read:

AB602,24,5 767.29 (1m) (c) The party entitled to the support or maintenance money has applied for or is receiving aid to families with dependent children and there is an assignment to the state under s. 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

Note: See Note following the next Section.

AB602, s. 33 Section 33. 767.29 (1m) (cm) of the statutes is created to read:

AB602,24,11 767.29 (1m) (cm) A kinship care relative or a long-term kinship care relative of the child who is entitled to the support money has applied for or is receiving kinship care payments or long-term kinship care payments for that child and there is an assignment to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. of the child's right to the support money.

Note: With respect to the receipt and disbursement of child support and family support payments, permits the clerk of court or the support collection designee to hold any overpayment if a long-term kinship care relative of the child who is entitled to the payment has applied for or is receiving long-term kinship care payments and there is an assignment to the state of the child's right to support under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as the clerk of court or the support collection designee may hold any overpayment if a kinship care relative of the child who is entitled to the payment has applied for or is receiving kinship care payments and there is an assignment to the state of the child's right to support under the kinship care program under s. 48.57 (3m) (b) 2., stats.

AB602, s. 34 Section 34. 767.29 (2) of the statutes is amended to read:

AB602,25,15 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court or support collection designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the department.

Note: With respect to the receipt and disbursement of child support and family support payments, requires the clerk of court or support collection designee, on receiving notice that a long-term kinship care relative of a minor child who is entitled to child support is receiving long-term kinship care payments, to forward all support assigned under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, to DHFS on the same basis as the clerk of court or support collection designee, on receiving notice that a kinship care relative of a minor child who is entitled to child support is receiving kinship care payments, forwards all support assigned under the kinship care program under s. 48.57 (3m) (b) 2., stats., to DHFS.

AB602, s. 35 Section 35 . 767.29 (4) of the statutes is amended to read:

AB602,26,3 767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or (3n) or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or (3n) or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or (3n) or 49.19, except as otherwise ordered by the court on the motion of a party.

Note: With respect to the receipt and disbursement of child support and family support payments, requires a support payment under an order that provides both for the support of a child who is not receiving aid under the long-term kinship care program and for the support of a child who is receiving that aid to be assigned to the state under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, in an amount that is the proportionate share of the child receiving that aid on the same basis as a support payment under an order that provides both for the support of a child who is not receiving aid under the kinship care program and for the support of a child who is receiving that aid must be assigned to the state under the kinship care program under s. 48.57 (3m) (b) 2., stats., in an amount that is the proportionate share of the child receiving that aid.

AB602, s. 36 Section 36. 767.32 (1) (a) of the statutes is amended to read:

AB602,27,11 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

Note: With respect to the revision of certain judgments or orders, including judgments or orders providing for child support, adds a provision to permit DHFS, a county department or a child support program designee to petition for the revision of such an order if the child's right to support has been assigned under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as DHFS, a county department or a child support program designee may petition for the revision of such an order if the child's right to support has been assigned under the kinship care program under s. 48.57 (3m) (b) 2., stats.

AB602, s. 37 Section 37. 767.47 (6) of the statutes is amended to read:

AB602,28,2 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

AB602,28,7 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.

Note: With respect to testimony and evidence relating to paternity, adds a provision to include a reference to the state bringing an action to determine paternity pursuant to an assignment of the child's right to support under the long-term kinship care program under s. 48.57 (3n) (b) 2., stats., as created by the bill, on the same basis as there is a reference to the state bringing an action to determine paternity pursuant to an assignment of the child's right to support under the kinship care program under s. 48.57 (3m) (b) 2., stats.

AB602, s. 38 Section 38. Nonstatutory provisions; health and family services.

AB602,28,9 (1) Reconciliation provisions.

AB602,28,15 (a) If 1997 Wisconsin Act .... (Assembly Bill 100) creates section 20.435 (3) (cz), (kc) and (kd) of the statutes and the schedule entries for those appropriations, as shown in Assembly Substitute Amendment 1 to 1997 Assembly Bill 100, then the repeal and recreation of section 20.435 (3) (cz), (kc) and (kd) of the statutes by this act, the insertion of the schedule entries for those appropriations by this act and the amendment of section 48.57 (3n) (am) (intro.) of the statutes by this act take effect.

AB602,28,21 (b) If 1997 Wisconsin Act .... (Assembly Bill 100) does not create section 20.435 (3) (cz), (kc) and (kd) of the statutes and the schedule entries for those appropriations, as shown in Assembly Substitute Amendment 1 to 1997 Assembly Bill 100, then the repeal and recreation of section 20.435 (3) (cz), (kc) and (kd) of the statutes by this act, the insertion of the schedule entries for those appropriations by this act and the amendment of section 48.57 (3n) (am) (intro.) of the statutes by this act are void.

AB602, s. 39 Section 39. Effective date.

AB602,29,3 (1) This act takes effect on the day after publication of this act or on the day after publication of 1997 Wisconsin Act .... (Assembly Bill 100), whichever is later.

AB602,29,4 (End)