AB651: Bill Text

AB651, s. 46 Section 46. 48.69 of the statutes is amended to read:

AB651,35,2 48.69 Probationary licenses. If Except as provided under s. 48.715 (6), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.

AB651, s. 47 Section 47. 48.715 (6) of the statutes is created to read:

AB651,35,18 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB651, s. 48 Section 48. 48.72 of the statutes is amended to read:

AB651,36,5 48.72 Appeal procedure. Any Except as provided in s. 48.715 (6), any person aggrieved by the department's refusal or failure to issue or renew a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue or renew a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB651, s. 49 Section 49. 48.837 (4) (e) of the statutes is amended to read:

AB651,36,15 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity has been adjudicated or acknowledged in this state or another jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been adjudicated or acknowledged and if no person has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB651, s. 50 Section 50. 48.91 (2) of the statutes is amended to read:

AB651,36,24 48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether paternity has been adjudicated or acknowledged in this state or in another jurisdiction. If the court finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025.

AB651, s. 51 Section 51. 49.145 (2) (f) 1. of the statutes is renumbered 49.145 (2) (f) 1. (intro.) and amended to read:

AB651,37,4 49.145 (2) (f) 1. (intro.) Subject to subd. 2., the individual all of the following conditions are met:

AB651,37,10 a. Every parent in the individual's Wisconsin works group fully cooperates in efforts directed at establishing the paternity of the dependent any minor child and of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment.

AB651,37,18 b. Every parent in the individual's Wisconsin works group fully cooperates in efforts directed at obtaining support payments or any other payments or property to which that individual parent and the dependent any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and collection of support payments.

AB651, s. 52 Section 52. 49.145 (2) (f) 2. of the statutes is amended to read:

AB651,37,23 49.145 (2) (f) 2. An individual who is a member of a Wisconsin works group that fails 3 times to meet the requirements under subd. 1. remains ineligible until the individual cooperates all of the members of Wisconsin works group cooperate or for a period of 6 months, whichever is later.

AB651, s. 53 Section 53. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 49.22 (2m) (a) and amended to read:

AB651,38,10 49.22 (2m) (a) The department may request from any person in this state any information it determines appropriate and necessary for the administration of this section, ss. 49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state Unless access to the information is prohibited or restricted by law, the person shall provide this information within 7 days after receiving a request under this subsection paragraph. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this subsection paragraph only in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB651, s. 54 Section 54. 49.22 (2m) (b) of the statutes is created to read:

AB651,38,16 49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB651, s. 55 Section 55. 49.22 (2m) (bc) of the statutes is created to read:

AB651,38,21 49.22 (2m) (bc) A person in this state shall comply with an administrative subpoena that is issued from another state to compel the production of financial information or other documentary evidence for purposes comparable to those specified in par. (b).

AB651, s. 56 Section 56. 49.22 (2m) (c) of the statutes is created to read:

AB651,38,23 49.22 (2m) (c) A person is not liable to any person for any of the following:

AB651,39,3 1. Allowing access to financial or other records by the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a) or a subpoena described in par. (bc).

AB651,39,6 2. Disclosing information from financial or other records to the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a) or a subpoena described in par. (bc).

AB651,39,11 3. Any other action taken in good faith to comply with this section or a subpoena described in par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB651, s. 57 Section 57. 49.22 (2m) (d) of the statutes is created to read:

AB651,39,16 49.22 (2m) (d) Any person who fails to respond to or comply with a subpoena described in par. (bc) or a request under par. (a) by the department or a county child support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.

AB651, s. 58 Section 58. 49.22 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651,40,2 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or; benefits under s. 49.124, 49.148 or 49.155 and to individuals not receiving; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB651, s. 59 Section 59. 49.22 (7g) of the statutes is created to read:

AB651,40,4 49.22 (7g) The department shall provide all of the following:

AB651,40,7 (a) Training to hospital staff members concerning the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of, and alternatives to, establishing paternity.

AB651,40,9 (b) The written information that is required to be provided to parents under s. 69.14 (1) (cm).

AB651, s. 60 Section 60. 49.225 of the statutes is created to read:

AB651,40,12 49.225 Ordering genetic tests. (1) In this section, "genetic test" has the meaning given in s. 767.001 (1m).

AB651,40,20 (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.

AB651,40,24 (b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.45 for determining the paternity of the child.

AB651,41,2 (3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:

AB651,41,6 (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.

AB651,41,11 (b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.

AB651, s. 61 Section 61. 49.25 (3) (a) 8. of the statutes is amended to read:

AB651,41,15 49.25 (3) (a) 8. A man who has been adjudicated or who has acknowledged himself to be the father of a child of a woman subject to the program under this section under subd. 1., 2. or 3., if the man is living with the woman.

AB651, s. 62 Section 62. 49.45 (2) (a) 11. of the statutes is amended to read:

AB651,41,19 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act and, except as provided in s. 49.48, certify such eligible providers.

AB651, s. 63 Section 63. 49.45 (2) (a) 12. of the statutes is amended to read:

AB651,42,2 49.45 (2) (a) 12. Decertify or suspend under this subdivision a provider from the medical assistance program, if after giving reasonable notice and opportunity for hearing, the department finds that the provider has violated federal or state law or administrative rule and such violations are by law, regulation or rule grounds for decertification or suspension. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

AB651, s. 64 Section 64. 49.48 of the statutes is created to read:

AB651,42,8 49.48 Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.

AB651,42,12 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under s. 49.857.

AB651,42,23 (3) The department of health and family services shall deny an application for the issuance or renewal of a certification specified in sub. (1), shall suspend a certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of workforce development certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB651, s. 65 Section 65. 49.852 of the statutes is created to read:

AB651,43,9 49.852 Delinquent support payments; pension plans. (1) The department of workforce development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless its certification has either not been appealed or is no longer under appeal.

AB651,43,12 (2) The department of workforce development shall send a notice to the last-known address of the person from whom the department intends to recover the amount certified under s. 49.855 (1). The notice shall do all of the following:

AB651,43,17 (a) Inform the person that the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, shall withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid the person.

AB651,43,20 (b) Inform the person that he or she may, within 20 days after the date of the notice, by motion, request a court hearing on the issue of whether the person owes the amount certified under s. 49.855 (1).

AB651,43,23 (c) Request that the person inform the department of workforce development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.

AB651,44,14 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. Within 10 days after receiving a request for a hearing, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. If the court determines that the person owes the amount certified under s. 49.855 (1), the department of workforce development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount certified under s. 49.855 (1), the department of workforce development may not direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

AB651,44,20 (4) (a) If the department of workforce development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), this directive shall shall constitute a lien, equal to the amount certified, on any lump sum payment from a pension plan that may be paid the person.

AB651,45,10 (b) If the department of workforce development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct from any lump sum payment that may be paid the person the amount that is certified, less any amount specified under par. (d). If the amount certified under s. 49.855 (1), less any amount specified under par. (d), exceeds the lump sum payment, the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct the entire lump sum payment, less any withholdings otherwise required by law. The amount deducted under this paragraph shall be remitted to the department of workforce development.

AB651,45,15 (c) A directive to the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) under this section does not prohibit the department of workforce development from attempting to recover the amount through other legal means.

AB651,45,20 (d) The department of workforce development shall promptly notify the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan upon recovery of any amount previously certified under s. 49.855 (1).

AB651, s. 66 Section 66. 49.853 of the statutes is created to read:

AB651,45,23 49.853 Financial record matching program. (1) Definitions. In this section:

AB651,46,3 (a) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.

AB651,46,5 (am) "County child support agency" means the county child support agency under s. 59.53 (5).

AB651,46,6 (b) "Department" means the department of workforce development.

AB651,46,7 (c) "Financial institution" means any of the following:

AB651,46,8 1. A depository institution, as defined in 12 USC 1813 (c).

AB651,46,10 2. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository institution under subd. 1.

AB651,46,11 3. A federal credit union or state credit union, as defined in 12 USC 1752.

AB651,46,13 4. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit union under subd. 3.

AB651,46,15 5. A benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in this state.

AB651,46,16 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).

AB651,46,17 (e) "Support" has the meaning given in s. 49.854 (1) (f).

AB651,47,2 (2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section. The department shall promulgate rules specifying procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. The agreement shall require the financial institution to participate in the financial record matching program under this section by electing either the financial institution matching option under sub. (3) or the state matching option under sub. (4).

AB651,47,11 (3) Financial institution matching option. (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the financial institution matching option under this subsection, the department shall provide to a financial institution with information regarding delinquent obligors. The information shall be provided at least once each calendar quarter and shall include the obligor's name and social security number. The information shall be provided to the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information required under this paragraph shall be provided to the financial institution by an automated data exchange.

AB651,47,24 (b) Each financial institution receiving information under par. (a) shall take actions necessary to determine whether any obligor has an interest in an account maintained at the financial institution. If the financial institution determines that an obligor has an interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the obligor's name, address of record, social security number or other taxpayer identification number, and account information. The information regarding the obligor's account shall include the account number, the account type, the nature of the obligor's interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner, and shall contain the information, specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB651,48,6 (c) The financial institution participating in the financial institution matching option under this subsection may use the information provided by the the department under par. (a) only for the purpose of matching records under par. (b). The financial institution may not disclose or retain information provided under par. (a) concerning obligors who do not have an interest in an account maintained at the financial institution.

AB651,48,18 (4) State matching option. (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the state matching option under this subsection, the financial institution shall periodically provide the department with information concerning all accounts maintained at the financial institution. For each account maintained at the financial institution, the financial institution shall notify the department of the account number, the account type, the balance of the account, and the name, address and social security number or other tax identification number of each person having an interest in the account, together with a description of each person's interest. The information required under this paragraph shall be provided in the manner, and shall contain the information, specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB651,48,21 (b) The department shall take actions necessary to determine whether any obligor has an interest in an account maintained at a financial institution providing information under par. (a).

AB651,48,25 (c) The department may use the information provided by a financial institution under par. (a) only for the purpose of matching records under par. (b). The department may not disclose or retain information received under par. (a) concerning account holders who are not delinquent obligors.

AB651,49,5 (5) Delegation. The department may delegate any powers and duties given to the department under this section to county child support agencies. The department may require financial institutions to provide county child support agencies with any notices that are required under this section to be provided to the department.

AB651, s. 67 Section 67. 49.854 of the statutes is created to read:

AB651,49,8 49.854 Liens against property for delinquent support payments. (1) Definitions. In this section:

AB651,49,9 (a) "Department" means the department of workforce development.

AB651,49,11 (b) "County child support agency" means the county child support agency under s. 59.53 (5).

AB651,49,12 (c) "Levy" means all powers of distraint and seizure.