49.90(13)(a)(a) The parent of a dependent person who is the victim of a sexual assault under
s. 940.225 (1) (a) for which a conviction is obtained and which results in the birth of a child before the dependent person attains the age of 18 is not responsible under
sub. (1) (a) 2. for the maintenance of that child of the dependent person.
49.90(13)(b)
(b) If a dependent person is convicted at any time of causing a pregnancy under
s. 940.225 (1) (a) which results in the birth of a child before the dependent person attains the age of 18, the parent of that dependent person is solely liable under the requirements of
sub. (1) (a) 2. for the maintenance of the dependent person's child.
49.90(13)(c)
(c) If the parent of the dependent person specified in
par. (a) provides maintenance to the dependent person's child and if
par. (b) applies, the parent may apply to the circuit court for the county in which the child resides for an order to compel restitution by the parent specified in
par. (b) of the amount of maintenance provided. The circuit court shall in a summary way hear the allegations and proof of the parties and, after considering the financial resources and future ability of the parent of the dependent person specified in
par. (b) to pay, may by order specify a sum in payment of the restitution, to be paid weekly or monthly, during a period fixed by the order or until further order of the court. Upon application of any party affected by the order and following notice and an opportunity for presentation of allegations and proof by the parties, the court may modify the order. The parent specified in
par. (a) may file a restitution order with the clerk of circuit court. Upon payment of a fee under
s. 814.61 (5) (a), the clerk of circuit court shall enter the order on the judgment and lien docket under
s. 806.10 in the same manner as for a judgment in a civil action. Thereafter, the parent specified in
par. (a) may enforce the order against the parent specified in
par. (b) in the same manner as for a judgment in a civil action.
49.90 History
History: 1973 c. 90 ss.
296e,
560 (2);
1973 c. 147,
336; Sup. Ct. Order, 67 W (2d) 585, 773 (1975);
1975 c. 82,
199;
1977 c. 271,
449;
1979 c. 221,
352;
1981 c. 317;
1983 a. 186;
1985 a. 29 ss.
1055m,
1108 to
1114,
3200 (23);
1985 a. 56,
176,
311,
332; Stats. 1985 s. 49.90;
1987 a. 312 s.
17;
1987 a. 399;
1989 a. 31;
1991 a. 316;
1995 a. 27 ss.
3216 to
3219b,
9126 (19);
1995 a. 77,
224,
404;
1997 a. 3,
27.
49.90 Annotation
Sub. (1) (a) 2 is substantive provision and legislative intent indicates it is to have prospective effect only. In re Paternity of C.J.H., 149 W (2d) 624, 439 NW (2d) 615 (Ct. App. 1989).
49.95
49.95
Penalties; evidence. 49.95(1)
(1) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if the value of the assistance so secured does not exceed $300, be required to forfeit not more than $1,000; if the value of the assistance exceeds $300 but does not exceed $1,000, be fined not more than $250 or imprisoned for not more than 6 months or both; if the value of the assistance exceeds $1,000 but does not exceed $2,500, be fined not more than $500 or imprisoned for not more than 5 years or both; and if the value of the assistance exceeds $2,500, be punished as prescribed under
s. 943.20 (3) (c).
Effective date note
NOTE: Sub. (1) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(1) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if the value of the assistance so secured does not exceed $300, be required to forfeit not more than $1,000; if the value of the assistance exceeds $300 but does not exceed $1,000, be fined not more than $250 or imprisoned for not more than 6 months or both; if the value of the assistance exceeds $1,000 but does not exceed $2,500, be fined not more than $500 or imprisoned for not more than 7 years and 6 months or both; and if the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c).
49.95(2)
(2) Any person who wilfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days.
49.95(3)
(3) Any dependent person who sells or exchanges supplies or articles furnished the person as assistance or who disposes of such supplies or articles in any other way than as directed, with intent thereby to defraud the county or municipality furnishing the assistance, and any person who purchases any article knowing it to have been furnished to another person as assistance shall be punished as provided in
sub. (2).
49.95(4m)
(4m) Any person who does all of the following shall be fined not more than $500 or imprisoned for not more than 30 days or both:
49.95(4m)(a)
(a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamps under
7 USC 2011 to
2029.
49.95(4m)(b)
(b) Obtains a pecuniary advantage because the person is brought or sent or goes to the county, tribal governing body or municipality.
49.95(5)
(5) Any person in charge of public assistance or any of the person's assistants who receives or solicits any commission or derives or seeks to obtain any personal financial gain through any purchase, sale, disbursement or contract for supplies or other property used in the administration of public assistance shall be punished as provided in
s. 946.13.
49.95(6)
(6) Where a person is originally eligible for assistance and receives any income or assets or both thereafter and fails to notify the officer or agency granting such assistance of the receipt of such assets within 10 days after such receipt and continues to receive aid, such failure to so notify the proper officer or agency of receipt of such assets or income or both shall be considered a fraud and the penalties in
sub. (1) shall apply.
49.95(8)
(8) Any person who makes any statement in a written application for aid under this chapter shall be considered to have made an admission as to the existence, correctness or validity of any fact stated, which shall be taken as prima facie evidence against the party making it in any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter.
49.95(9)
(9) If any person obtains for himself or herself, or for any other person or dependents or both, assistance under this chapter on the basis of facts stated to the authorities charged with the responsibility of furnishing assistance and fails to notify said authorities within 10 days of any change in the facts as originally stated and continues to receive assistance based on the originally stated facts such failure to notify shall be considered a fraud and the penalties in
sub. (1) shall apply. The negotiation of a check, share draft or other draft received in payment of such assistance by the recipient or the withdrawal of any funds credited to the recipient's account through the use of any other money transfer technique after any change in such facts which would render the person ineligible for such assistance shall be prima facie evidence of fraud in any such case.
49.95(10)
(10) Any person who accepts a relief voucher granted as relief and fails to tender the commodities authorized by the relief authorities to the relief recipient but in lieu thereof refunds to the relief recipient cash or substitutes any alcohol beverages or cigarettes not authorized by the relief voucher shall be considered to have committed a fraud and the penalties provided in
sub. (1) shall apply to said person.
49.95(11)
(11) "Public assistance" as used in this section includes relief funded by a relief block grant and benefits under
ss. 49.141 to
49.161.
49.95 Annotation
Sub. (9) is not unconstitutionally vague. Weber v. State, 59 W (2d) 371, 208 NW (2d) 396.
49.95 Annotation
A welfare fraud involving a sum between $100 and $500 constitutes a felony, because it authorizes imprisonment in such event for not more than one year and the section was amended after enactment of the new criminal code. Zastrow v. State, 62 W (2d) 381, 215 NW (2d) 426.
49.95 Annotation
Welfare fraud under sub. (9) is a continuing offense. John v. State, 96 W (2d) 183, 291 NW (2d) 502 (1980).
49.95 Annotation
An insurance payment compensating for the loss of personal and household property, which are exempt assets under AFDC regulations, is not an exempt asset and must be reported under sub. (6). State v. Salzer, 133 W (2d) 54, 393 NW (2d) 121 (Ct. App. 1986).
49.95 Annotation
Welfare fraud is chargeable as continuing offense. State v. Schumacher, 144 W (2d) 388, 424 NW (2d) 672 (1988).
49.95 Annotation
Sub. (6) requires recipients to report all assets or income, regardless of whether they were illegally obtained. State v. Baeza, 156 W (2d) 651, 457 NW (2d) 522 (Ct. App. 1990).
49.95 Annotation
Where the defendant's AFDC eligibility was based on the absence of the child's father, the failure to report the return to the household of the father constituted fraud regardless of whether the family might have still qualified for assistance under different criteria. State v. Kaufman, 188 W (2d) 485, 525 NW (2d) 138 (Ct. App. 1994).
49.96
49.96
Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under
ss. 48.57 (3m) or
(3n),
49.148 (1) (b) 1. or
(c) or
(1m) or
49.149 to
49.159, payments made for social services, cash benefits paid by counties under
s. 59.53 (21), and benefits under
s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.
Effective date note
NOTE: This section is shown as repealed and recreated eff. 2-1-99 by
1997 Wis. Act 105. Prior to 2-1-99 it reads:
Effective date text
49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n) or 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.
49.96 Annotation
AFDC money did not lose exemption from garnishment when deposited in checking account. Northwest Eng. Credit Union v. Jahn, 120 W (2d) 185, 353 NW (2d) 67 (Ct. App. 1984).
49.96 Annotation
A support order against actual AFDC grants is prohibited, but an order against earned income of one who also receives AFDC is not. In Support of B., L., T. & K. 171 W (2d) 617, 492 NW (2d) 350 (Ct. App. 1992).
