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 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) (2)
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) (3)Participation.
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) (5)Earned income disregard.
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.
49.25 History History: 1991 a. 39; 1993 a. 16; 1995 a. 27 ss. 2895 to 2898b, 9126 (19); 1995 a. 289, 404.
49.26 49.26 Learnfare program.
49.26(1)(1)
49.26(1)(a)(a) In this subsection:
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. 2. "School" means any one of the following:
49.26(1)(a)2.a. a. A public school, as described in s. 115.01 (1).
49.26(1)(a)2.b. b. A private school, as defined in s. 115.001 (3r).
49.26(1)(a)2.c. c. A technical college pursuant to a contract under s. 118.15 (2).
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).
49.26(1)(g)3. 3. The individual is not excused from attending school under s. 118.15 (3).
49.26(1)(g)4. 4. The individual is a parent or is residing with his or her natural or adoptive parent.
49.26(1)(g)5. 5. If the individual is the caretaker of a child, the child is at least 45 days old and child care is available for the child at the school or the school provides an instruction program for the caretaker at home.
49.26(1)(g)6. 6. If child care services are necessary in order for the individual to attend school, child care from a child care provider is available for the child and transportation to and from child care is also available.
49.26(1)(g)7. 7. The individual is not prohibited from attending school while an expulsion under s. 119.25 or 120.13 (1) is pending.
49.26(1)(g)8. 8. If the individual was expelled from a school under s. 119.25 or 120.13 (1), there is another school available which the individual can attend.
49.26(1)(g)10. 10. The individual does not have good cause for failing to attend school, as defined by the department by rule.
49.26(1)(g)11. 11. If the individual is the mother of a child, a physician has not determined that the individual should delay her return to school after giving birth.
49.26(1)(g)12. 12. If the individual is on a waiting list for a children-at-risk program under s. 118.153, a children-at-risk program that is appropriate for the individual is not available.
49.26(1)(ge) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual meets at least one of the following conditions:
49.26(1)(ge)1. 1. The individual is either not enrolled in school or is a habitual truant.
49.26(1)(ge)2. 2. During the immediately preceding semester, the individual was either not enrolled in school or was a habitual truant.
49.26(1)(gm) (gm) The first time that an individual fails to meet the school attendance requirement under par. (ge), the county department under s. 46.215, 46.22 or 46.23 or the Wisconsin works agency shall do all of the following:
49.26(1)(gm)1. 1. Monitor on a monthly basis the individual's school attendance.
49.26(1)(gm)2. 2. Offer case management services described in sub. (2) to the individual and his or her family.
49.26(1)(h)1.1. An individual who is 6 to 12 years of age and who fails to meet the school attendance requirement under par. (ge) is subject to sanctions as provided under subd. 1s. only if all of the following apply:
49.26(1)(h)1.a. a. The county department under s. 46.215, 46.22 or 46.23 or Wisconsin works agency complies with par. (gm).
49.26(1)(h)1.am. am. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.
49.26(1)(h)1.as. as. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1. am. in a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.
49.26(1)(h)1.b. b. The individual's family fails to cooperate with the case manager or fails to engage in the activities identified by the case manager as being necessary to improve the individual's school attendance.
49.26(1)(h)1.c. c. The individual continues to fail to meet the school attendance requirement under par. (ge).
49.26(1)(h)1m. 1m. An individual who is 13 to 19 years of age and who fails to meet the school attendance requirement under par. (ge) is subject to sanctions as provided under subd. 1s. only if all of the following apply:
49.26(1)(h)1m.a. a. The county department under s. 46.215, 46.22 or 46.23 complies with par. (gm) 1.
49.26(1)(h)1m.b. b. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.
49.26(1)(h)1m.c. c. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1m. b. at a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.
49.26(1)(h)1s.a.a. Except as provided under subd. 1s. b., an individual who fails to meet the school attendance requirement under par. (ge) is subject to sanctions determined by the department by rule.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?