49.24
49.24
Child support incentive payments. 49.24(1)
(1) From the appropriation under
s. 20.445 (3) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-4-99 by
1997 Wis. Act 27. Prior to 1-4-99 it reads:
Effective date text
(1) From the appropriation under s. 20.445 (3) (g), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.
49.24(2)
(2) The department shall distribute the payments under
sub. (1) in accordance with a formula developed by the department in consultation with representatives of counties. The total of payments made to counties under
sub. (1) and in federal child support incentive payments may not exceed $10,500,000 in a state fiscal year.
49.24(3)
(3) A county that receives payment under
sub. (1) may use the funds only to pay costs under its child support program under
s. 49.22.
49.24 History
History: 1997 a. 27.
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 or who, under
s. 767.62 (1) or a substantially similar law of another state, has acknowledged himself 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, as defined in
s. 253.07 (1) (a), and independent living skills and to provide 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)2.d.
d. A course of study meeting the standards established by the state superintendent of public instruction 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 or Wisconsin works agency 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 or Wisconsin works agency 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 or Wisconsin works agency 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 or Wisconsin works agency shall submit the plan to the department of workforce development and the department of public instruction by January 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 subject to the school attendance requirement under
par. (ge), 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 17 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 17 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)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)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 fails to meet the school attendance requirement if the individual is not enrolled in school or was not enrolled in the immediately preceding semester. The Wisconsin works agency or county department shall verify enrollment.
49.26(1)(gm)1.1. The following individuals who are subject to the school attendance requirement under the learnfare program are required to participate in case management under
sub. (2) (b):
49.26(1)(gm)1.c.
c. Dropouts, as defined in
s. 118.153 (1) (b), including individuals who were dropouts and reenrolled in school in the same or immediately succeeding semester in which they dropped out of school.
49.26(1)(gm)2.
2. The department may, in accordance with rules promulgated by the department, sanction any individual specified under
subd. 1. who fails to cooperate with case management efforts.
49.26(1)(h)1.1. An individual who fails to cooperate with case management efforts under
par. (gm) is subject to sanctions as provided under
subd. 1s. only if all of the following apply:
49.26(1)(h)1.as.
as. The individual has failed to request a hearing or has failed to show good cause for not cooperating with case management efforts in a hearing. If the individual is a recipient of aid under
s. 49.19, the hearing shall be requested and held under
s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in
s. 49.141 (1) (s), the hearing shall be requested and held under
s. 49.152. 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)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.
49.26(1)(h)1s.b.
b. An individual who is a dependent child in a Wisconsin works group that includes a participant under
s. 49.147 (3),
(4) or
(5) and who fails to meet the school attendance requirement under
par. (ge) is subject to a monthly sanction.
49.26(1)(h)2.
2. If, as a result of the application of sanctions under this paragraph, no child in a family receives payment under
s. 49.19, the department shall make a payment to meet only the needs of the parent or parents who would otherwise be eligible for aid under
s. 49.19.
49.26(1)(hr)
(hr) If an individual subject to the school attendance requirement under
par. (ge) is enrolled in a public school, communications between the school district and the department, a county department under
s. 46.215,
46.22 or
46.23 or a Wisconsin works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under
s. 118.16 (1) (a).
49.26(2)
(2) Services for learnfare pupils. 49.26(2)(b)
(b) County departments or Wisconsin works agencies shall provide case management services to individuals who are subject to the school attendance requirement under the learnfare program under
sub. (1) and their families to improve the school attendance and achievement of those individuals.
49.27
49.27
Work-not-welfare pilot program. 49.27(1)
(1)
Definitions. In this section:
49.27(1)(a)
(a) "Benefit period" means, with respect to a work-not-welfare group, a period commencing on the work-not-welfare group's enrollment date and ending 48 months later, except as the benefit period may be extended under
sub. (4) (g).
49.27(1)(b)
(b) "Enrollment date" means the first day of the first month for which a work-not-welfare group receives a benefit payment determined under
sub. (4), unless the work-not-welfare group has not received a benefit payment determined under
sub. (4) within the previous 36 months, in which case the enrollment date means the first day of the first month, after that 36-month period, for which the work-not-welfare group receives a benefit payment determined under
sub. (4).
49.27(1)(c)
(c) "Work-not-welfare group" means all persons in an aid to families with dependent children case, if the head of household of the case is subject, under
sub. (3), to the work-not-welfare pilot program under this section. "Work-not-welfare group" includes a caretaker of dependent children, regardless of whether the needs of the caretaker are not considered in determining the amount of the benefit determined under
sub. (4) or
(11) (a) to
(f).
49.27(2)
(2) Waiver; applicability. The department shall request a waiver from the secretaries of the federal department of health and human services and the federal department of agriculture to conduct a work-not-welfare pilot program as part of the aid to families with dependent children program under
s. 49.19, the food stamp program under
7 USC 2011 to
2029 and the medical assistance program under
subch. IV. If the department receives the federal waivers and if sufficient funds are available, the department shall pilot the program, beginning on January 1, 1995, in one or more pilot counties selected by the department. If a pilot county is a county in which a demonstration project under
s. 49.19 (11m) is being conducted or a county selected for participation in the parental responsibility pilot program under
s. 49.25, the department shall promulgate rules regarding the relationship between the work-not-welfare pilot program and the other demonstration or pilot programs operating in the pilot counties. These rules shall provide that a person may not be required to participate in more than one of these demonstration or pilot programs at a time.
Subsections (3) to
(11) apply only while the waiver is in effect and the department is conducting the program.
49.27(3)
(3) Participation. A person is subject to the work-not-welfare pilot program under this section if at least one of the following conditions is met:
