49.193(9m)(am)
(am) The department shall request a waiver from the federal department of health and human services to permit the application of
pars. (b) and
(c) beginning on the date specified in the waiver. The waiver may not request the application of
pars. (b) and
(c) before January 1, 1996. The waiver may request permission to apply
pars. (b) and
(c) to all recipients of aid under
s. 49.19, or to a test group of these recipients, to be determined by the department.
Paragraphs (b) and
(c) apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.
49.193(9m)(b)
(b) Notwithstanding
s. 49.19 (11) (a), if all of the following conditions apply in a month to a recipient of aid under
s. 49.19, the department shall determine the amount of aid under
s. 49.19 to be paid to the recipient's family in a subsequent month as provided in
par. (c):
49.193(9m)(b)1.
1. The recipient of aid is required to participate in an activity under this section for a regularly scheduled number of hours in the month.
49.193(9m)(b)2.
2. The recipient of aid participates in the activity in the month for less than the required number of hours without good cause, as defined by the department by rule.
49.193(9m)(b)3.
3. The agency administering the program under this section determines, in accordance with standards established by the department by rule, that the activity that the recipient is engaged in during the month has continued, or is expected to continue, for more than one month.
49.193(9m)(c)1.1. Except as provided in
subd. 2., if
par. (b) applies, the amount of aid under
s. 49.19 paid to the recipient's family in a subsequent month shall be determined as follows:
49.193(9m)(c)1.a.
a. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.
49.193(9m)(c)1.b.
b. The department shall subtract the total number of hours determined under
subd. 1. a. from the recipient's total number of hours of required participation in that month.
49.193(9m)(c)1.c.
c. The department shall multiply the number of hours determined under
subd. 1. b. by the federal minimum hourly wage under
29 USC 206 (a) (1).
49.193(9m)(c)1.d.
d. The department shall subtract the dollar amount determined under
subd. 1. c. from the amount of aid under
s. 49.19 that the recipient's family would have received if he or she had participated for the total number of assigned hours.
49.193(9m)(c)2.a.a. If there is only one individual included in a grant of aid under
s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under
subd. 1. a. for that individual is less than 25% of the total number of hours of required participation in that month for that individual, no grant of aid under
s. 49.19 shall be made to the individual's family in a subsequent month.
49.193(9m)(c)2.b.
b. If there is more than one individual included in a grant of aid under
s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under
subd. 1. a. for all of those individuals is less than 25% of the total number of hours of required participation in that month for all of those individuals, no grant of aid under
s. 49.19 shall be made to the individuals' family in a subsequent month.
49.193(10)
(10) Employment and training council. Each agency that administers the program under this section shall appoint an employment and training council to advise the agency concerning employment and training activities. The agency administering the program in a county or group of counties shall consult with the county board of the county or the county boards of the group of counties in making the appointments to the council. The council shall include the following members:
49.193(10)(e)
(e) A recipient of aid to families with dependent children or a representative of a recipient advocacy group.
49.193(10)(f)
(f) A representative of private business nominated by the area private industry council under the job training partnership act,
29 USC 1501 to
1781.
49.193(10)(g)
(g) A representative of the office which administers the program under this section in the county.
49.193(10m)
(10m) Work-first program. The department shall select Kenosha county and additional counties in which to pilot the work-first program under this subsection. The work-first program shall be conducted as part of the job opportunities and basic skills program under this section and shall be funded from
s. 20.445 (3) (df). The work-first program shall seek to increase the amount of job opportunities and basic skills program services provided to recipients of aid to families with dependent children and to minimize the time between the date on which a person in a pilot county first applies for aid to families with dependent children under
s. 49.19 and the date on which the person begins to participate in the job opportunities and basic skills program under this section.
49.193(11)
(11) Rules. The department shall promulgate rules for the administration of the program under this section.
49.193(12)
(12) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.
49.195
49.195
Recovery of aid to families with dependent children and Wisconsin works benefits. 49.195(1)
(1) If any parent at the time of receiving aid under
s. 49.19 or a benefit under
s. 49.148,
49.153,
49.155 or
49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s.
46.215 (1) (o), 1991 stats., s.
46.22 (1) (b) 11., 1991 stats., or s.
49.50 (7j) (d), 1991 stats., or in a community work experience component under
s. 49.193 (6). During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her 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 or child is dependent on the property for support, and 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 of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under
s. 49.19 or benefits under
s. 49.148,
49.155 or
49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.
49.195(2)
(2) Amounts may be recovered pursuant to this section for aid granted both prior to and after August 31, 1969; and any amounts so recovered shall be paid to the United States, this state and its political subdivisions in the proportion in which they contributed to the payment of the aid granted, in the same manner as amounts recovered for old-age assistance are paid.
49.195(3)
(3) Notwithstanding
s. 49.96, the department shall promptly recover all overpayments made under
s. 49.19,
49.148,
49.153,
49.155 or
49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.
49.195(4)
(4) Any county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under
s. 49.19 that are recovered due to the efforts of an employe or officer of the county or tribe. This subsection does not apply to recovery of benefits that were provided as a result of state, county or tribal governing body error.
49.195 Annotation
The words "both prior to and" as contained in (2) constitute an unconstitutional enactment and are therefore stricken from the statute. Estate of Peterson, 66 W (2d) 535, 225 NW (2d) 644.
49.195 Annotation
Recovery may be had only from parent who immediately received aid. Richland County Dept. of Soc. Serv. v. McHone, 95 W (2d) 108, 288 NW (2d) 879 (Ct. App. 1980).
49.195 Annotation
This section does not authorize recovery against child with guardianship account, where child never applied for, directly received or made representations to obtain aid. There may be common-law authority for claim against guardianship estate. In Matter of Guardianship of Kordecki, 95 W (2d) 275, 290 NW (2d) 693 (1980).
49.197
49.197
Fraud investigation and reduction and error reduction. 49.197(1m)(1m)
Fraud investigation. From the appropriations under
s. 20.445 (3) (de),
(L),
(n) and
(nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under
subch. IV, aid to families with dependent children under
s. 49.19 and the food stamp program under
7 USC 2011 to
2029. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state and local agencies, development of an advisory welfare investigation prosecution standard and provision of funds to county departments under
ss. 46.215,
46.22 and
46.23 to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.
49.197(3)
(3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under
subch. IV, Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19 and the food stamp program under
7 USC 2011 to
2029. The department shall fund the activities under this section from the appropriation under
s. 20.445 (3) (L) [20.445 (4) (L)].
49.197 Note
NOTE: The bracketed "20.445 (4) (L)" was inserted by 1995 WIs. Act 289 without being underscored and "20.445 (3) (L)" was deleted without being stricken. No change was intended. Corrective legislation is pending.
49.197(4)
(4) County and tribal error reduction. The department shall provide funds from the appropriations under
s. 20.445 (3) (de),
(L) and
(Lm) and federal matching funds from the appropriations under
s. 20.445 (3) (n) and
(nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under
subch. IV, aid to families with dependent children under
s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset administrative costs of reducing payment errors in those programs.
49.20
49.20
Aid to 18-year-old students. 49.20(1)
(1)
Purpose. The purpose of this section is to provide state aid for the maintenance of 18-year-old high school students who are ineligible for assistance under
s. 49.19 solely because of their age, except for those students who were eligible at age 17 under
s. 49.19 (10) (a).
49.20(2)
(2) Eligibility. A person is eligible for aid under this section if he or she:
49.20(2)(b)
(b) Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma;
49.20(2)(d)
(d) Is living in a home situation specified in
s. 49.19 (1) (a), but not including a foster home or treatment foster home.
49.20(3)
(3) Payment. Aid under this section shall be paid from the appropriation under
s. 20.445 (3) (d) and shall be in an amount equal to that to which the person would be entitled under
s. 49.19 if he or she were 17 years of age, except that if the person's family became ineligible for aid under
s. 49.19 on the person's 18th birthday, the amount paid shall equal the amount of aid granted to a single person under
s. 49.19.
49.20(4)
(4) Rules. The department shall promulgate rules for the administration of this program, including rules which provide for the monitoring of classroom attendance of persons receiving aid under this section.
49.21
49.21
Aid to families with dependent children hearings. 49.21(1)(a)(a) Any person whose application for aid to families with dependent children is not acted upon by the county department under
s. 46.215 or
46.22 or by the federally recognized tribal governing body with reasonable promptness after the filing of the application, or is denied in whole or in part, whose award is modified or canceled, or who believes the award to be insufficient, may petition the department for a review of such action. Review is unavailable if the decision or failure to act arose more than 45 days prior to submission of the petition for a hearing.
49.21(1)(b)1.1. Upon receipt of a timely petition under
par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it deems necessary. Notice of the hearing shall be given to the applicant and to the county clerk. The county may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant, the county clerk and the county officer charged with administration of such assistance. The decision of the department shall have the same effect as an order of the county officer charged with the administration of such form of assistance. Such decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:
49.21(1)(b)1.b.
b. The sole issue in the petition concerns an automatic grant adjustment or change for a class of recipients as required by state or federal law, unless the issue concerns the incorrect computation of a grant of aid to families with dependent children.
49.21(1)(b)1.d.
d. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled hearing without providing the department with good cause therefor.
49.21(1)(b)2.
2. If a recipient requests a hearing within the timely notice period specified in
45 CFR 205.10, aid shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Until a decision is rendered after the hearing, the manner or form of aid payment to the recipient shall not change to a protective or direct payment. Aid shall be suspended, reduced or discontinued if:
49.21(1)(b)2.a.
a. The recipient is contesting a state or federal law or a change in state or federal law and not the recipient's grant computation.
49.21(1)(b)2.b.
b. The recipient is notified of a change in his or her grant while the hearing decision is pending but the recipient fails to request a hearing on the change.
49.21(1)(b)3.
3. The recipient shall be promptly informed in writing if aid is to be suspended, reduced or terminated pending the hearing decision.
49.21(1)(c)
(c) This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d).
49.21(2)
(2) Hearing to insure proper administration. 49.21(2)(a)(a) The department may at any time terminate payment of state or federal aid on any grant of aid to families with dependent children which may have been improperly allowed or which is no longer warranted due to altered conditions. Such action shall be taken only after thorough investigation and after fair notice and hearing. Such notice shall be given to the recipient of the assistance, the county clerk, and the county officer charged with the administration of such assistance, and their statements may be presented either orally or in writing, or by counsel.
49.21(2)(b)
(b) Any decision of the department terminating the payment of state and federal aid shall be transmitted to the county treasurer. After receipt of such notice the county treasurer shall not include any payments thereafter made in such case in the certified statement of the expenditures of the county for which state or federal aid is claimed.
49.22
49.22
Child and spousal support; establishment of paternity; medical liability. 49.22(1)
(1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of
s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under this chapter.
49.22(2)
(2) The department shall constitute the state location service which shall assist in locating parents who have deserted their children and other persons liable for support of dependents or persons who are alleged to have taken their child in violation of
s. 948.31 or of similar laws in another state, and in locating and valuing property of any person having a support duty.
49.22(2m)
(2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section,
ss. 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 shall provide this information within 7 days after receiving a request under this subsection. Except as provided in
sub. (2p), the department or the county child and spousal support agency may disclose information obtained under this subsection only in the administration of this section,
ss. 49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
49.22(2p)
(2p) The department or a county child and spousal support agency may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.
49.22(3)
(3) The department, acting as a state location service, shall furnish all services under
sub. (2) to any similarly appointed agency of another state which by its laws is authorized to furnish such services to this state or its agencies.
49.22(4)
(4) Except as provided in this section, no person may use or disclose information obtained by the state location service. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned for not more than one year in the county jail or both.
49.22(6)
(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. 49.148,
49.153 or
49.155 and to individuals not receiving 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.
49.22(7)
(7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under
s. 59.53 (6) (a) pursuant to a contract entered into under
s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under
s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under
s. 20.445 (3) (p) to carry out a contract under this subsection.
49.22(7m)
(7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under
42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under
s. 48.57 (3m).
49.22(8)
(8) The department may charge other states and counties seeking collection of child and spousal support for any administrative costs it incurs in providing services related to interstate child support collections, the federal parent locator service under
42 USC 653, the interception of unemployment compensation under
42 USC 654 or the withholding of state and federal income tax refunds under
s. 49.855 and
42 USC 664.
49.22(9)
(9) The department shall promulgate rules that provide a standard for courts to use in determining a child support obligation based upon a percentage of the gross income and assets of either or both parents. The rules shall provide for consideration of the income of each parent and the amount of physical placement with each parent in determining a child support obligation in cases in which a child has substantial periods of physical placement with each parent.
49.22(11)
(11) The department may, upon request, disclose to a consumer reporting agency, as defined under
45 CFR 303.105 (a), the amount of overdue child support owed by a parent. The department shall notify the parent prior to disclosing the information to the consumer reporting agency and inform the parent of the methods available for contesting the accuracy of the information.
49.22 History
History: 1975 c. 82;
1977 c. 26,
29,
203,
418;
1979 c. 196,
221;
1981 c. 20,
93;
1983 a. 27;
1985 a. 29 ss.
861m to
866,
2390 to
2399;
1987 a. 27;
1987 a. 332 s.
64;
1987 a. 399,
403,
413;
1989 a. 31;
1991 a. 39;
1993 a. 16,
481;
1995 a. 27 ss.
2128m to
2134,
9126 (19),
9130 (4);
1995 a. 77,
187,
201,
225,
289;
1995 a. 404 ss.
39 to
43,
45,
46,
48,
173,
174; Stats. 1995 s. 49.22.
49.22 Annotation
The state may request patient billing records under sub. (2m) (formerly 46.25 (2m)) which may be admitted into evidence under the exception to confidentiality found under s. 146.82 (2) (a) 3. State v. Allen, 200 W (2d) 301, 546 NW (2d) 517 (1996).
49.22 Annotation
Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in s. 49.53.
80 Atty. Gen. 226.
49.23
49.23
Revision of child support orders and collection incentive programs. 49.23(1)(1) From the appropriation under
s. 20.445 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under
s. 48.57 (3m) or
49.148 or whose children receive benefits under
s. 49.19 and to persons who do not receive benefits under
s. 48.57 (3m) or
49.148 and whose children do not receive benefits under
s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under
s. 48.57 (3m) or
49.148 or whose children receive benefits under
s. 49.19 and child support orders awarded to persons who do not receive benefits under
s. 48.57 (3m) or
49.148 and whose children do not receive benefits under
s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under
s. 48.57 (3m) or
49.148 and whose children do not receive benefits under
s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
49.23(2)(a)(a) From the appropriation under
s. 20.445 (3) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
49.23(2)(a)1.
1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under
s. 48.57 (3m) or
49.148 or whose children receive benefits under
s. 46.261 or
49.19 as well as for persons who do not receive benefits under
s. 48.57 (3m) or
49.148 and whose children do not receive benefits under
s. 46.261 or
49.19.
