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 History
History: 1995 a. 12;
1997 a. 191 s.
39; Stats. 1997 s. 49.227;
1999 a. 32 s.
131.
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. Total payments under this subsection may not exceed $5,690,000 per year.
49.24(2)(a)(a) The department shall, in consultation with representatives of counties, promulgate a rule that specifies the formula according to which the payments under
sub. (1) and federal child support incentive payments will be distributed to counties. The rule shall provide that the total of state and federal incentive payments per year to a county may not exceed the costs per year of the county's child support program under
s. 49.22.
49.24(2)(b)
(b) The total of payments made to counties under
sub. (1) and in federal child support incentive payments may not exceed $12,340,000 per year.
49.24(3)
(3) A county that receives any state child support incentive payment under
sub. (1) or any federal child support incentive payment may use the funds only to pay costs under its child support program under
s. 49.22.
49.24 History
History: 1997 a. 27;
1999 a. 9.
49.24 Cross-reference
Cross Reference: See also ch.
DWD 44, Wis. adm. code.
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. 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.
49.26 Cross-reference
Cross Reference: See also s.
DWD 12.20, Wis. adm. code.
49.275
49.275
Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and in other matters of mutual concern under this subchapter pertaining to public welfare.
49.275 History
History: 1995 a. 27.
49.29
49.29
Loss of eligibility. If a court finds or it is determined after an administrative hearing that meets the requirements in regulations of the federal department of health and human services under
42 USC 616 (b) that an individual who is a member of a family applying for or receiving aid under
s. 49.19, for the purpose of establishing or maintaining eligibility for aid under
s. 49.19 or of increasing the amount of aid received under
s. 49.19, intentionally made a false or misleading statement, intentionally misrepresented or withheld facts or committed an act intended to mislead or to misrepresent or withhold facts, the department shall consider the income and assets of the person but shall remove the needs of the person in determining the amount of any payment made to the person's family under
s. 49.19 as follows:
49.29(1)
(1) Upon the first occurrence, for 6 months.
49.29(2)
(2) Upon the 2nd occurrence, for one year.
49.29(3)
(3) Upon the 3rd occurrence, permanently.
49.30
49.30
Funeral expenses. 49.30(1)(1) Except as provided in
sub. (1m), if any recipient of benefits under
s. 49.148,
49.46 or
49.77, or under
42 USC 1381 to
1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under
s. 46.215,
46.22 or
46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
49.30(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.30(1)(b)
(b) The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.30(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under
sub. (1) (a).
49.30(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under
sub. (1) (b).
49.30(1m)(c)
(c) If a request for payment under
sub. (1) is made more than 12 months after the death of the recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral or burial expenses.
49.30(2)
(2) From the appropriations under
s. 20.445 (3) (dz) and
(md), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under
sub. (1). From the appropriations under
s. 20.445 (3) (dz) and
(md), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under
sub. (1) that the county or applicable tribal governing body or organization is not required to pay under
subs. (1) and
(1m) only if the department approves the reimbursement due to unusual circumstances.
49.30 Annotation
A cement grave liner will be considered a funeral and burial expense or a cemetery expense depending on who provides the liner; a liner provided by a funeral home constitutes a funeral and burial expense subject to the statutory payment limit.
79 Atty. Gen. 164.
49.32
49.32
Department; powers and duties. 49.32(1)
(1)
Uniform fee schedule, liability and collections. 49.32(1)(a)(a) The department shall establish a uniform system of fees for services provided or purchased under this subchapter by the department, or a county department under
s. 46.215,
46.22 or
46.23, except as provided in
s. 49.22 (6) and except where, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under
s. 46.215,
46.22 or
46.23 shall apply the fees which it collects under this program to cover the cost of such services.
49.32(1)(b)
(b) Any person receiving services provided or purchased under
par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in
s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under
par. (a).
