49.197(1m)(1m)
Fraud investigation. From the appropriations under
s. 20.445 (3) (dz),
(L),
(md),
(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
2036 and on the part of participants in the Wisconsin works program under
ss. 49.141 to
49.161. 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 and to Wisconsin works agencies 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).
49.197(4)
(4) County and tribal error reduction. The department shall provide funds from the appropriations under
s. 20.445 (3) (dz),
(L) and
(Lm) and federal matching funds from the appropriations under
s. 20.445 (3) (md),
(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) (dz) 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.
49.20(5)
(5) Sunset. No aid may be paid under this section beginning on the first day of the month beginning after the date stated in the notice under
s. 49.141 (2) (d).
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)(a)(a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section,
ss. 49.141 to
49.161,
49.19,
49.46,
49.468 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in
subs. (2p) and
(2r) and subject to
sub. (12), the department or the county child support agency under
s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section,
ss. 49.141 to
49.161,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029. Employes of the department or a county child support agency under
s. 59.53 (5) are subject to
s. 49.83.
49.22(2m)(am)
(am) In conjunction with any request for information under
par. (a), including a request made by subpoena under
par. (b), the department or county child support agency under
s. 59.53 (5) shall advise the person of the time by which the information must be provided and of any consequences to the person under
par. (d) that may result from a failure to respond or comply with the request.
49.22(2m)(b)
(b) The department or county child support agency under
s. 59.53 (5) may issue a subpoena, in substantially the form authorized under
s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section,
ss. 49.145,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
49.22(2m)(bc)
(bc) A person in this state shall comply with an administrative subpoena that is issued from another state to compel the production of financial information or other documentary evidence for purposes comparable to those specified in
par. (b).
49.22(2m)(c)
(c) A person is not liable to any person for any of the following:
49.22(2m)(c)1.
1. Allowing access to financial or other records by the department or a county child support agency under
s. 59.53 (5) in response to a request under
par. (a) or a subpoena described in
par. (bc).
49.22(2m)(c)2.
2. Disclosing information from financial or other records to the department or a county child support agency under
s. 59.53 (5) in response to a request under
par. (a) or a subpoena described in
par. (bc).
49.22(2m)(c)3.
3. Any other action taken in good faith to comply with this section or a subpoena described in
par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under
s. 59.53 (5) in the administration of this section,
ss. 49.145,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
49.22(2m)(d)
(d) Any person who fails to respond to or comply with a subpoena described in
par. (bc) or a request under
par. (a) by the department or a county child support agency under
s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.
49.22(2p)
(2p) Except as provided in
sub. (12), the department or a county child support agency under
s. 59.53 (5) 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(2r)
(2r) The department or a county child support agency under
s. 59.53 (5) may, to the extent permitted under federal law, disclose information obtained under
sub. (2m) to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
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(3m)
(3m) The department, acting as a state location service, shall furnish services under
sub. (2) upon request to the department of health and family services, a county department under
s. 46.215,
46.22 or
46.23 or a child welfare agency that is administering a program operated under
42 USC 620 to
628b or
42 USC 670 to
679a.
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; benefits under
s. 49.124,
49.148 or
49.155; foster care maintenance payments under
42 USC 670 to
679a; or kinship care payments under
s. 48.57 (3m) or long-term kinship care payments under
s. 48.57 (3n). 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 Note
NOTE: Sub. (6) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
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) (md) to carry out a contract under this subsection.
49.22(7g)
(7g) The department shall provide all of the following:
49.22(7g)(a)
(a) Training to hospital staff members concerning the form that is prescribed by the state registrar under
s. 69.15 (3) (b) 3. and concerning the significance and benefits of, and alternatives to, of establishing paternity.
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) or long-term kinship care payments under
s. 48.57 (3n).
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)(a)(a) The department shall disclose to a consumer reporting agency, as defined under
45 CFR 303.105 (a), the amount of overdue child support owed by a parent. At least 20 business days before disclosing the information to the consumer reporting agency, the department shall notify the parent and inform the parent of the methods available for contesting the accuracy of the information.
49.22(11)(b)
(b) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under
par. (a) were erroneous. Within 30 days of notification under this paragraph, the consumer reporting agency shall correct the erroneous amount in its records.
49.22(11)(c)
(c) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under
par. (a) are paid in full. Within 30 days of notification under this paragraph, the consumer reporting agency shall indicate the payment in full in its records.
49.22(12)
(12) The department or a county child support agency under
s. 59.53 (5) may not release information to a person about the whereabouts of another person if any of the following applies:
49.22(12)(a)
(a) The person seeking the information is subject to a temporary restraining order or injunction under
s. 813.12,
813.122,
813.123,
813.125 or
813.127 with respect to the person about whom the information is sought; and the department or county child support agency under
s. 59.53 (5) has notice of the temporary restraining order or injunction.
49.22(12)(b)
(b) The department or county child support agency under
s. 59.53 (5) has reason to believe that releasing the information may result in physical or emotional harm to the person about whom the information is sought.
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;
1997 a. 27,
105,
191,
237; s. 13.93 (2) (c).
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.
49.225
49.225
Ordering genetic tests. 49.225(2)(a)(a) A county child support agency under
s. 59.53 (5) may require, by subpoena in substantially the form authorized under
s. 885.02 or by other means, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.
49.225(2)(b)
(b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under
par. (a) fail to appear for the scheduled tests, the county child support agency under
s. 59.53 (5) may bring an action under
s. 767.45 for determining the paternity of the child.
49.225(3)
(3) The fees and costs for genetic tests performed on any person required to submit to the tests under
sub.(2) (a) shall be paid for by the county except as follows:
49.225(3)(a)
(a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.
49.225(3)(b)
(b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under
s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.
49.225 History
History: 1997 a. 191.
49.227
49.227
Program for publication of delinquent child support obligors. The department shall establish a program to increase public awareness about the importance of the payment of child support. The program shall include publication of information, such as names and photographs, that identifies child support obligors who are significantly delinquent in the payment of child support. The department may use posters, media presentations or other means that the department determines are appropriate for publication of the information. The publications shall include information about the child support owed by each obligor identified and, if appropriate, shall solicit information from the public to assist the department in locating a delinquent obligor.
49.227 Note
NOTE: This section is shown as renumbered by the revisor under s. 13.93 (1) (b) from s. 49.225 as renumbered from s. 46.251 by
1997 Wis. Act 191, section
39.
49.227 History
History: 1995 a. 12;
1997 a. 191 s.
39; Stats. 1997 s. 49.227; s. 13.93 (1) (b).
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
(3n) 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
(3n) 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
(3n) 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
(3n) 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
(3n) 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
(3n) 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
(3n) 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.
