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.
49.23(2)(a)2.
2. Provides an incentive for a county to increase its paternity establishments.
49.23(2)(a)3.
3. Provides for state incentive payments to a county in an amount such that the total of state and federal incentive payments to the county is not more than 5% more than the costs of the county's child support program under
s. 49.22.
49.23(2)(b)
(b) A county that receives a state incentive payment under
par. (a) may use the funds only to pay the costs of its child support program under
s. 49.22.
49.23 History
History: 1989 a. 31;
1991 a. 39,
322;
1993 a. 16;
1995 a. 27,
289;
1995 a. 404 ss.
60 to
64; Stats. 1995 s. 49.23.
49.25
49.25
Parental responsibility pilot program. 49.25(1)(1)
Waiver; applicability. The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to conduct a parental responsibility pilot program as part of the program under
s. 49.19. If the department receives the federal waiver and if sufficient funds are available, the department may conduct the program in a county with a population of 500,000 or more and up to 3 other counties. The county department under
s. 46.215,
46.22 or
46.23 in each pilot county shall administer the program under a contract with the department.
Subsections (3) to
(8) apply only while the waiver is in effect and the department is conducting the program.
49.25(3)(a)(a) Except as provided in
par. (c), a person who lives in a pilot county is subject to the program under this section beginning when the person both receives aid under
s. 49.19 and is one of the following:
49.25(3)(a)1.
1. A woman who is under the age of 20, has no children of her own and has entered the 3rd trimester of pregnancy, if that 3rd trimester began after June 30, 1994.
49.25(3)(a)2.
2. A woman who is under the age of 20, is not pregnant and is the mother of only one child, if that child was born after June 30, 1994.
49.25(3)(a)3.
3. A woman who is under the age of 20, is not pregnant and is the mother of more than one child, if the children were all born as a result of one pregnancy and were born after June 30, 1994.
49.25(3)(a)4.
4. A man who is under the age of 20 and is the father of only one child living, if that child was born after June 30, 1994, and, if the man is married and living with his spouse, whose spouse is not pregnant.
49.25(3)(a)5.
5. A man who is under the age of 20 and is the father of more than one child, if the children were all born as a result of one pregnancy and were born after June 30, 1994, and, if the man is married and living with his spouse, whose spouse is not pregnant.
49.25(3)(a)6.
6. Subject to
par. (am), the spouse of a woman subject to the program under this section under
subd. 1.,
2. or
3. if the spouse is living with the woman.
49.25(3)(a)7.
7. Subject to
par. (am), the spouse of a man subject to the program under this section under
subd. 4. or
5. if the spouse is living with the man.
49.25(3)(a)8.
8. A man who has been adjudicated 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.
49.25(3)(am)
(am) If the spouse of a person subject to the program under this section under
par. (a) 1.,
2.,
3.,
4. or
5. is the stepparent of the person's child or children and is living with the person, the couple may decide whether to have the needs of the stepparent taken into consideration for the purposes of determining the amount of aid under
s. 49.19. If the couple chooses to have the stepparent's needs taken into consideration, the stepparent is subject to the program under this section.
49.25(3)(b)
(b) A person who, under
par. (a), becomes subject to the program under this section remains subject to the program under this section as long as he or she lives in a pilot county and the program is in effect unless the person has not received aid under
s. 49.19 for at least 36 consecutive months.
49.25(3)(c)
(c) A person described in
par. (a) is not subject to the program under this section if he or she is assigned to a control group by the department.
49.25(4)
(4) Limited payment amount. Notwithstanding
s. 49.19 (11) (a) 1. and
2., the department shall make a monthly payment under
s. 49.19 to a family of $38 for a single child, or $38 for one of the children and a full payment for the other children who are all born as a result of one pregnancy, if the child or children's parent is a member of the family and is subject to the program under this section and if the child is or children are born or adopted after the family includes either one child of that parent or more than one child who were all born as a result of one pregnancy. Notwithstanding
s. 49.19 (11) (a) 1. and
2., the department may not make any monthly payment under
s. 49.19 to a family for any later born or adopted child of that parent. This subsection does not affect the payment of the allowance under
s. 49.19 (11) (a) 4.
49.25(5)(a)(a) Instead of the earned income disregards in
s. 49.19 (5) (a) 2.,
4. and
4m. and
(am), the department shall apply the earned income disregard in
par. (b) in determining the benefit amount of a person subject to the program under this section and in determining eligibility under
s. 49.19 of a person subject to the program under this section if the person received benefits under
s. 49.19 in one of the 4 months before he or she applies for benefits.
49.25(5)(b)
(b) For a person described in
par. (a), the department shall disregard $200 of earned income plus an amount equal to 50% of the person's remaining income not disregarded.
49.25(6)
(6) Employment requirements. Notwithstanding
s. 49.19 (4) (dm), the department may not apply the federal aid to families with dependent children program requirements as to past employment and past and current unemployment to a married couple subject to the program under this section if the married couple live together.
49.25(7)
(7) Training and parental education. 49.25(7)(a)(a) The department shall contract with the county department under
s. 46.215,
46.22 or
46.23 to provide education on parenting, human growth and development, family planning and independent living skills and employment-related training to persons subject to the program under this section and to persons subject to orders under
s. 767.078 (1) (d). The county department may contract with other agencies for the provision of these services.
49.25(7)(b)
(b) The agency providing services under
par. (a) shall develop a plan for the provision of the services under
par. (a) to a person who is subject to the program under this section or to an order under
s. 767.078 (1) (d). If a person who is subject to the program under this section fails to cooperate with his or her services plan, the person may be sanctioned, as provided by the department by rule.
49.25(8)
(8) Pilot county child support assistance. 49.25(8)(a)(a) From the appropriation under
s. 20.445 (3) (cb), the department shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.
49.25(8)(b)
(b) From the appropriation under
s. 20.445 (3) (cb), the department shall provide funds to Milwaukee county to fund an additional family court commissioner.
49.25(9)
(9) Evaluation. The department shall evaluate the program under this section or shall contract with a public or private agency for an evaluation of the program under this section.
49.25(10)
(10) 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.
49.26
49.26
Learnfare program. 49.26(1)(a)1.
1. "Habitual truant" means a pupil who is absent from school without an acceptable excuse under
ss. 118.15 and
118.16 for any of the following:
49.26(1)(a)1.a.
a. Part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.
49.26(1)(a)1.b.
b. Part or all of 10 or more days on which school is held during a school semester.
49.26(1)(a)2.d.
d. A course of study meeting the standards established by the secretary of education under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
49.26(1)(c)
(c) A county department may provide services under this subsection directly or may contract with a nonprofit agency or a school district to provide the services.
49.26(1)(d)
(d) A county department that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department shall submit the plan to the department of industry, labor and job development and the department of education by August 15, annually.
49.26(1)(e)
(e) For an individual who is a recipient of aid under
s. 49.19, or whose custodial parent is a participant under
s. 49.147 (3) to
(5), who is the parent with whom a dependent child lives and who is either subject to the school attendance requirement under
par. (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under
s. 49.155 (6) if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.
49.26(1)(g)
(g) An individual who is a dependent child in a Wisconsin works group that includes a participant under
s. 49.147 (3),
(4) or
(5) or who is a recipient of aid under
s. 49.19 is subject to the school attendance requirement under
par. (ge) if all of the following apply:
49.26(1)(g)1.
1. Before the first day of the fall 1994 school term, as defined in
s. 115.001 (12), the individual is 13 to 19 years of age. Beginning on the first day of the fall 1997 school term, as defined in
s. 115.001 (12), the individual is 6 to 19 years of age.
49.26(1)(g)2.
2. The individual has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under
s. 115.29 (4).
