SB45: Bill Text

SB45,670,18 48.78 (3) (a) Except as provided under pars. (b) to (d) or by order of the court, no agency may make available for inspection or disclose the contents of any record kept or information received relating to a foster parent, treatment foster parent or family-operated group home, as defined in s. 48.627 (1), parent or a family member of a foster parent, treatment foster parent or family-operated group home parent without first receiving the written permission of the foster parent, treatment foster parent or family-operated group home parent.

SB45,670,22 (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78.

SB45,670,24 (c) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record under s. 48.981 (7).

SB45,671,4 (d) Paragraph (a) does not prohibit an agency from disclosing the name and address of a foster parent, treatment foster parent or family-operated group home parent under s. 48.20 (8), 48.227 (2), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) or (2m) or 48.38 (4) (c).

SB45, s. 1191 Section 1191. 48.825 (3) (b) of the statutes is amended to read:

SB45,671,7 48.825 (3) (b) An individual or agency providing adoption information exchange services under s. 48.55.

SB45, s. 1192 Section 1192. 48.825 (3) (c) of the statutes is repealed.

SB45, s. 1193 Section 1193. 48.981 (3) (c) 4. of the statutes is amended to read:

SB45,672,2 48.981 (3) (c) 4. The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall determine, within 60 days after receipt of a report, whether abuse or neglect has occurred or is likely to occur. The determination shall be based on a preponderance of the evidence produced by the investigation. A determination that abuse or neglect has occurred may not be based solely on the fact that the child's parent, guardian or legal custodian in good faith selects and relies on prayer or other religious means for treatment of disease or for remedial care of the child. In making a determination that emotional damage has occurred, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department shall give due regard to the culture of the subjects. If a determination contains a finding that a specific person has abused or neglected a child, the county department, department or licensed child welfare agency making the determination shall notify that person in writing, at the time that the person is notified of the determination, of the person's right to appeal under par. (e) and of the method by which the person may appeal. This subdivision does not prohibit a court from ordering medical services for the child if the child's health requires it.

SB45, s. 1194 Section 1194. 48.981 (3) (e) of the statutes is created to read:

SB45,672,7 48.981 (3) (e) Appeal of determination. If a determination under par. (c) 4. contains a finding that a specific person has abused or neglected a child, that person may appeal that finding in accordance with procedures established by the department.

SB45, s. 1195 Section 1195. 48.981 (7) (a) 18. of the statutes is created to read:

SB45,672,12 48.981 (7) (a) 18. A child abuse and neglect citizen review panel established by the department or a county department if the panel determines that access to the records of an agency responsible for child protection is necessary for the panel to carry out its functions.

SB45, s. 1196 Section 1196. 48.981 (7) (cm) of the statutes is amended to read:

SB45,672,16 48.981 (7) (cm) An Notwithstanding par. (a), an agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

SB45, s. 1197 Section 1197. 48.981 (7) (d) of the statutes is amended to read:

SB45,672,19 48.981 (7) (d) The Notwithstanding par. (a), the department may have access to any report or record maintained by an agency under this section.

SB45, s. 1198 Section 1198. 48.981 (7) (dm) of the statutes is created to read:

SB45,673,2 48.981 (7) (dm) Notwithstanding par. (a), an agency may, subject to standards established by the department, disclose to the news media and the general public information from the agency's records concerning a case in which a child died or was placed in serious or critical condition, as certified by a physician, as a result of abuse or neglect. An agency may not disclose under this paragraph any information that would identify a reporter. Any person who receives any information under this paragraph may disclose that information to anyone.

SB45, s. 1199 Section 1199. 48.982 (2) (d) of the statutes is amended to read:

SB45,673,8 48.982 (2) (d) Solicit and accept contributions, grants, gifts and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift or bequest is made and received. Moneys received under this paragraph may be deposited in credited to the appropriation accounts under s. 20.433 (1) (i), (q) or (r). This paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.

SB45, s. 1200 Section 1200. 48.982 (2m) (intro.) of the statutes is amended to read:

SB45,673,13 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d), except moneys received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with the wishes of the donor to do any of the following:

SB45, s. 1201 Section 1201. 48.985 (2) of the statutes is amended to read:

SB45,673,22 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 $3,734,000 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children and for family-based child welfare services.

SB45, s. 1202 Section 1202. 49.015 (1m) 5. of the statutes is created to read:

SB45,673,25 49.015 (1m) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).

SB45, s. 1203 Section 1203. 49.025 (2) (a) (intro.) of the statutes is amended to read:

SB45,674,5 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (4) (bt), an amount for that year determined as follows:

SB45, s. 1204 Section 1204. 49.025 (2) (a) 1. b. of the statutes is amended to read:

SB45,674,12 49.025 (2) (a) 1. b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under s. 20.435 (4) (h).

SB45, s. 1205 Section 1205. 49.027 (2) (a) (intro.) of the statutes is amended to read:

SB45,674,17 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (5) (bu) (4) (bt), an amount for that year determined as follows:

SB45, s. 1206 Section 1206. 49.027 (2) (a) 1. d. of the statutes is amended to read:

SB45,674,21 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (5) (bu) (4) (bt) for relief block grants for that year.

SB45, s. 1207 Section 1207 . 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,675,6 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (bs) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

SB45, s. 1208 Section 1208. 49.08 of the statutes is amended to read:

SB45,676,3 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

SB45, s. 1209 Section 1209. 49.124 (1g) (a) of the statutes is amended to read:

SB45,676,14 49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

SB45, s. 1210 Section 1210. 49.136 (2) (a) of the statutes is amended to read:

SB45,676,18 49.136 (2) (a) From the allocation under s. 49.155 (1g) (b), the department shall award grants and low-interest loans for the start-up or expansion of child care services.

SB45, s. 1211 Section 1211. 49.136 (2) (b) of the statutes is amended to read:

SB45,677,2 49.136 (2) (b) The department shall attempt to award grants and low-interest loans under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and, day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).

SB45, s. 1212 Section 1212. 49.136 (7) of the statutes is amended to read:

SB45,677,7 49.136 (7) Grant and low-interest loan administration. (a) The department shall establish guidelines for eligibility for a grant or a low-interest loan under this section. The department need not promulgate those guidelines as rules under ch. 227.

SB45,677,10 (b) The department may administer the grant and low-interest loan application process processes under this section or contract for the administration of that process those processes.

SB45, s. 1213 Section 1213. 49.1375 of the statutes is created to read:

SB45,677,20 49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

SB45,678,3 (2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.

SB45, s. 1214 Section 1214. 49.141 (2) of the statutes is repealed.

SB45, s. 1215 Section 1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).

SB45, s. 1216 Section 1216. 49.141 (2g) (b) of the statutes is repealed.

SB45, s. 1217 Section 1217. 49.143 (1) (a) of the statutes is amended to read:

SB45,678,12 49.143 (1) (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph before the date that is specified in s. 49.141 (2) (d).

SB45, s. 1218 Section 1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to read:

SB45,678,21 49.143 (1) (am) 1. The department shall contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department during the immediately preceding contract period. The contract shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under this subdivision if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election.

SB45, s. 1219 Section 1219. 49.143 (1) (am) 2. of the statutes is amended to read:

SB45,679,2 49.143 (1) (am) 2. A county or tribal governing body Wisconsin works agency that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under par. (a).

SB45, s. 1220 Section 1220. 49.143 (1) (at) of the statutes is repealed.

SB45, s. 1221 Section 1221. 49.143 (2) (cr) of the statutes is amended to read:

SB45,679,21 49.143 (2) (cr) Provide, or contract with another person to provide, budgeting and financial planning services, including credit establishment and credit repair assistance training to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.

SB45, s. 1222 Section 1222. 49.143 (2) (e) of the statutes is amended to read:

SB45,679,25 49.143 (2) (e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029 as provided in ss. 46.215 (1g) and 46.22 (1g).

SB45, s. 1223 Section 1223. 49.143 (2) (em) of the statutes is renumbered 49.143 (2) (em) 1. and amended to read:

SB45,680,5 49.143 (2) (em) 1. Determine Except as provided in subd. 2., determine eligibility for child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services.

SB45, s. 1224 Section 1224. 49.143 (2) (em) 2. of the statutes is created to read:

SB45,680,8 49.143 (2) (em) 2. If required under s. 49.155 (3) (a) or (am), certify child care providers under s. 48.651 and administer child care assistance under s. 49.155.

SB45, s. 1225 Section 1225. 49.145 (2) (n) 1. a. of the statutes is amended to read:

SB45,680,13 49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program begins to count counts toward the 60-month limit beginning on October 1, 1996.

SB45, s. 1226 Section 1226. 49.145 (3) (a) of the statutes is amended to read:

SB45,680,20 49.145 (3) (a) Resource limitations. The individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the Wisconsin works agency shall exclude the equity value of vehicles up to a total equity value of $10,000, the value of an individual development account established under s. 49.187 and one home that serves as the homestead for the Wisconsin works group.

SB45, s. 1227 Section 1227. 49.145 (3) (b) 2. of the statutes is repealed.

SB45, s. 1228 Section 1228. 49.145 (4) of the statutes is amended to read:

SB45,681,2 49.145 (4) Review of eligibility. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the or income of the Wisconsin works group is expected to exceed the asset or income limits limit under sub. (3) for at least 2 consecutive months.

SB45, s. 1229 Section 1229. 49.147 (1m) of the statutes is created to read:

SB45,681,13 49.147 (1m) Educational needs assessment. Upon determining that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines that the individual needs basic education, including a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works agency shall pay for the basic education services identified in the employability plan.

SB45, s. 1230 Section 1230. 49.147 (4) (c) 1g. of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

SB45,681,19 49.147 (4) (c) 1g. `Limited participation.' Not more than 2,500 participants statewide may participate under this paragraph at any given time. The department shall allocate the 2,500 slots among the Wisconsin works agencies based on a formula developed by the department.

SB45, s. 1231 Section 1231. 49.147 (4) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB45,682,2 49.147 (4) (c) 2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the Wisconsin works agency determines that the individual is working at least 15 hours per week in an qualified for unsubsidized job employment but has been unable to secure full-time unsubsidized employment despite reasonable efforts on the part of the individual.

SB45, s. 1232 Section 1232. 49.147 (4) (c) 3. (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 49.147 (4) (c) 3. and amended to read:

SB45,682,9 49.147 (4) (c) 3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work in a community service job for not more than the lesser of the following in a community service job under this paragraph: 30 hours per week and to participate in job search activities for not more than 10 hours per week.

SB45, s. 1233 Section 1233. 49.147 (4) (c) 3. a. and b. of the statutes, as affected by 1997 Wisconsin Act 27, are repealed.

SB45, s. 1234 Section 1234. 49.147 (4) (c) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

SB45, s. 1235 Section 1235. 49.1475 of the statutes is created to read:

SB45,682,25 49.1475 Follow-up services. Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.

SB45, s. 1236 Section 1236. 49.148 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: