SB400: Bill Text

SB400, s. 44 Section 44. 46.283 (3) (k) of the statutes is amended to read:

SB400,37,10 46.283 (3) (k) A determination of eligibility for state supplemental payments under s. 49.77, medical assistance Medical Assistance under s. 49.46, 49.468, 49.47, or 49.471, or the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

SB400, s. 45 Section 45. 46.283 (7) (b) of the statutes is amended to read:

SB400,37,19 46.283 (7) (b) Notwithstanding ss. 48.78 (2) (a), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a resource center acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.284 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of the resource center, if necessary to enable the resource center to perform its duties or to coordinate the delivery of services to the client.

SB400, s. 46 Section 46. 46.284 (7) (b) of the statutes is amended to read:

SB400,38,3 46.284 (7) (b) Notwithstanding ss. 48.78 (2) (a), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a care management organization acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of the care management organization, if necessary to enable the care management organization to perform its duties or to coordinate the delivery of services to the client.

SB400, s. 47 Section 47. 46.2895 (10) of the statutes is amended to read:

SB400,38,12 46.2895 (10) Exchange of information. Notwithstanding sub. (9) and ss. 48.78 (2) (a), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a long-term care district acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or 51.437 (4r) (b) in the jurisdiction of the long-term care district, if necessary to enable the long-term care district to perform its duties or to coordinate the delivery of services to the client.

SB400, s. 48 Section 48. 46.56 (3) (b) 15. of the statutes is amended to read:

SB400,38,15 46.56 (3) (b) 15. Representatives of economic support agencies and the Wisconsin Works agency under subch. III II of ch. 49, if a different agency.

SB400, s. 49 Section 49. 48.30 (6) (b) of the statutes is amended to read:

SB400,39,2 48.30 (6) (b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c).

SB400, s. 50 Section 50. 48.31 (7) (b) of the statutes is amended to read:

SB400,39,13 48.31 (7) (b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c).

SB400, s. 51 Section 51. 48.357 (5m) (a) of the statutes is amended to read:

SB400,40,2 48.357 (5m) (a) If a proposed change in placement changes a child's placement from a placement in the child's home to a placement outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c). If the child is placed outside the child's home, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

SB400, s. 52 Section 52. 48.36 (1) (b) of the statutes is amended to read:

SB400,40,12 48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 49.811 (2m) to the department or the county child support agency under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts, and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

SB400, s. 53 Section 53. 48.36 (2) of the statutes is amended to read:

SB400,40,23 48.36 (2) If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 500,000 or the department in a county having a population of 500,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to s. 49.32 49.06 (1).

SB400, s. 54 Section 54. 48.361 (2) (c) of the statutes is amended to read:

SB400,41,8 48.361 (2) (c) Payment for alcohol and other drug abuse services by a county department under this section does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent or adult expectant mother which is based upon the ability of the parent or adult expectant mother to pay. This subsection is subject to s. 49.32 49.06 (1).

SB400, s. 55 Section 55. 48.362 (4) (c) of the statutes is amended to read:

SB400,41,14 48.362 (4) (c) A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent or adult expectant mother, based on the ability of the parent or adult expectant mother to pay, a reasonable contribution toward the costs of the court-ordered special treatment or care. This paragraph is subject to s. 49.32 49.06 (1).

SB400, s. 56 Section 56. 48.363 (1) (c) of the statutes is amended to read:

SB400,41,25 48.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and the manner of its application established by the department under s. 49.345 (14) (g) and listing the factors that a court may consider under s. 49.345 (14) (c).

SB400, s. 57 Section 57. 48.47 (7g) of the statutes is amended to read:

SB400,42,19 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also transfer information that is maintained in the system to a court under s. 48.396 (3) (b), and the court and the director of state courts may allow access to that information as provided in s. 48.396 (3) (c) 2.

SB400, s. 58 Section 58. 48.62 (2) of the statutes is amended to read:

SB400,43,9 48.62 (2) A relative or a guardian of a child who provides care and maintenance for the child is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home to a relative who has no duty of support under s. 49.90 49.039 (1) (a) and who requests a license to operate a foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the department's licensing rules.

SB400, s. 59 Section 59. 48.651 (2c) (a) of the statutes is amended to read:

SB400,43,12 48.651 (2c) (a) Reimburse a county having a population of 500,000 or more for all approved, allowable certification costs, as provided in s. 49.826 49.011 (2) (c).

SB400, s. 60 Section 60. 48.66 (2m) (c) and (cm) of the statutes are amended to read:

SB400,43,19 48.66 (2m) (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 49.811 (2m).

SB400,43,22 (cm) The department of corrections may not disclose any information obtained under par. (am) 1. to any person except on the request of the department under s. 49.22 49.811 (2m).

SB400, s. 61 Section 61. 48.685 (5) (br) 5. of the statutes is amended to read:

SB400,44,7 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665.

SB400, s. 62 Section 62. 48.839 (1) (d) and (e) of the statutes are amended to read:

SB400,44,15 48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 49.32 49.06 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

SB400,44,20 (e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 49.32 49.06 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.

SB400, s. 63 Section 63. 48.98 (2) (d) of the statutes is amended to read:

SB400,45,2 48.98 (2) (d) The department shall periodically bill the person who filed the bond and the surety under s. 49.32 49.06 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.

SB400, s. 64 Section 64. 48.981 (8) (a) and (d) 1. of the statutes are amended to read:

SB400,45,23 48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 49.217 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB400,46,5 (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 49.217 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB400, s. 65 Section 65. 48.988 (11) of the statutes is amended to read:

SB400,46,12 48.988 (11) Financial responsibility for any child placed under the interstate compact on the placement of children shall be determined in accordance with sub. (5) in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of s. 49.90 49.039, ch. 769, or any other applicable state law fixing responsibility for the support of children also may be invoked.

SB400, s. 66 Section 66. 48.989 (2) of the statutes is amended to read:

SB400,46,19 48.989 (2) Financial responsibility. Financial responsibility for any child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with ss. 48.60 (4) (b) and 48.988 (5). In the event of partial or complete default of performance under the compact, the provisions of s. 49.90 49.039, ch. 769, or any other applicable state law fixing responsibility for the support of children may also be invoked.

SB400, s. 67 Section 67. Subchapter I (title) of chapter 49 [precedes 49.001] of the statutes is repealed and recreated to read:

SB400,46,22 chapter 49

SB400,46,23 Subchapter I

SB400,46,24 general provisions

SB400, s. 68 Section 68. 49.001 (1m) of the statutes is renumbered 49.46 (1c) and amended to read:

SB400,47,4 49.46 (1c) Definition. "Essential In this section, "essential person" means any person defined as an essential person under federal Title XVI.

Note: Renumbers a general chapter definition for the term "essential person" to place it in one of 2 sections where the term appears.

SB400, s. 69 Section 69. 49.001 (4) of the statutes is renumbered 49.808 (1) and amended to read:

SB400,47,8 49.808 (1) "Municipality" In this section, "municipality" means any town, city or village.

Note: Renumbers a definition for the term "municipality", which appears in only 2 sections within ch. 49, stats.

SB400, s. 70 Section 70 . 49.001 (4m) and (7m) of the statutes are created to read:

SB400,47,14 49.001 (4m) "Intentional program violation" means intentionally making a false or misleading statement, intentionally misrepresenting or withholding facts, or committing any act that constitutes a violation of state or federal law for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking benefits under this chapter.

SB400,47,16 (7m) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe or band.

Note: Creates a definition for "intentional program violation" and creates a single definition of "tribal governing body" for ch. 49, stats.

SB400, s. 71 Section 71. 49.001 (5m) of the statutes is renumbered 49.79 (1) (em).

Note: Renumbers a definition for the term "prisoner", which only appears in provisions related to the supplemental nutrition assistance program.

SB400, s. 72 Section 72. 49.001 (5p) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB400,48,3 49.001 (5p) "Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029 49.806.

SB400, s. 73 Section 73. 49.003 (1) (am) of the statutes is created to read:

SB400,48,5 49.003 (1) (am) "Department" means the department of health services.

SB400, s. 74 Section 74. 49.006 of the statutes is created to read:

SB400,48,13 49.006 Affirmation of statements in applications. (1) A person who makes a statement in a written application for any aid or benefit provided under this chapter shall be considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement shall be considered to be prima facie evidence against the person making it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this chapter.

SB400,48,18 (2) An employee of a county department, a Wisconsin Works agency, the department of health services, or the department of children and families who accepts an application for any aid or benefit under this chapter shall have the authority to administer an oath to the applicant that the information given is true and correct to the best of the applicant's knowledge.

SB400,48,22 (3) The department of children and families and the department of health services shall promulgate rules requiring information provided by an applicant for any aid or benefit under this chapter to be sworn to or otherwise affirmed as being true and correct to the best of the applicant's knowledge.

Note: Provides that a statement made in a written application for any aid or benefit under ch. 49, stats., is considered to be an admission as to the existence, correctness, or validity of any fact stated. In addition, proposed s. 49.006 (2) provides that an employee who accepts an application for aid or a benefit has the authority to administer an oath to the applicant. Finally, proposed s. 49.006 (3) requires DCF and DHS to promulgate rules requiring statements on aid and benefit applications to be sworn to or otherwise affirmed to be true and correct.

SB400, s. 75 Section 75. 49.007 (3) of the statutes is created to read:

SB400,49,6 49.007 (3) Fraud prevention training. The department of health services, in consultation with the department of children and families, shall provide training to county and Wisconsin Works agency employees relating to fraud prevention and investigation, error reduction, and related activities. The department of health services shall promulgate rules specifying the frequency and content of the training.

Note: Requires DHS in consultation with DCF to provide training to agency employees relating to fraud prevention and investigation and error reduction.

SB400, s. 76 Section 76. 49.01 (intro.) of the statutes is renumbered 49.801 (intro.) and amended to read:

SB400,49,9 49.801 Definitions. (intro.) As used in this subchapter ss. 49.801 to 49.808:

SB400, s. 77 Section 77. 49.01 (1g), (2), (2g), (3) and (8L) of the statutes are renumbered 49.801 (1g), (2), (2g), (3) and (8L), and 49.801 (2), as renumbered, is amended to read:

SB400,49,13 49.801 (2) "Dependent person" means an individual who is eligible for relief under s. 49.015 49.802.

SB400, s. 78 Section 78. 49.01 (1m) and (8p) of the statutes are repealed.

Note: Repeals definitions for the terms "department", and "tribal governing body". The term "department" will be defined at the beginning of the subchapter. The term "tribal governing body" is defined in proposed s. 49.001 (7m).

SB400, s. 79 Section 79. 49.01 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 49.801 (3m).

SB400, s. 80 Section 80. 49.015 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b) of the statutes are renumbered 49.802 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b), and 49.802 (3) (b), as renumbered, is amended to read:

SB400,50,3 49.802 (3) (b) A relief agency may waive the requirement under sub. (2) or (2m) in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may make a determination as to the appropriateness of the waiver under rules promulgated by the department under s. 49.02 49.803 (7m) (d).

SB400, s. 81 Section 81. 49.015 (1) (a) and (c) and (3) (title) and (a) of the statutes, as affected by 2009 Wisconsin Act 28, are renumbered 49.802 (1) (a) and (c) and (3) (title) and (a), and 49.802 (1) (c), as renumbered, is amended to read:

SB400,50,8 49.802 (1) (c) The individual qualifies under written criteria of dependency under s. 49.02 49.803 (1) (b) established by the relief agency on that tax-free land.

SB400, s. 82 Section 82. 49.017 (1c) of the statutes is created to read: