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).
49.32(1)(c)
(c) The department shall make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring an action in the name of the department to enforce the liability established under
par. (b).
49.32(1)(d)
(d) The department may compromise or waive all or part of the liability for services received. The sworn statement of the secretary shall be evidence of the services provided and the fees charged for the services.
49.32(1)(e)
(e) The department may delegate to county departments under
s. 46.215,
46.22 or
46.23 and other providers of care and services the powers and duties vested in the department by
pars. (c) and
(d) as it considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.
49.32(1)(g)
(g) The department shall return to county departments under
s. 46.215,
46.22 or
46.23 50% of collections made by the department for delinquent accounts previously delegated under
par. (e) and then referred back to the department for collections.
49.32(2)(a)(a) The department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of operating public assistance systems which make such payments.
49.32(2)(b)
(b) The department may make social services payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.
49.32(2)(c)
(c) A county department under
s. 46.215,
46.22 or
46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. A county department under
s. 46.215,
46.22 or
46.23 shall provide the department all necessary information in the manner prescribed by the department.
49.32(2)(d)
(d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under
s. 49.33 (8).
49.32(3)
(3) Uniform manual. The department shall adopt policies and procedures and a uniform county policy and procedure manual to minimize unnecessary variations between counties in the administration of the aid to families with dependent children program. The department shall also require each county to use the manual in the administration of the program.
49.32(4)
(4) Employment of aid recipients. The department shall assist state agencies in efforts under
s. 230.147 to employ recipients of aid under
s. 49.19.
49.32(5)
(5) Employment and training and education manual. The department shall produce a manual describing employment and training and education programs for which recipients of public assistance benefits under this subchapter may qualify. The department shall distribute the manual, free of charge, to each county department under
s. 46.215,
46.22 or
46.23.
49.32(6)
(6) Welfare reform studies. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under
s. 49.26 (1) (g) and the modification of the earned income disregard under
s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.
49.32(7)(a)(a) The department shall conduct a program to periodically verify the eligibility of recipients of aid to families with dependent children under
s. 49.19 and of participants in Wisconsin works under
ss. 49.141 to
49.161 through a check of school enrollment records of local school boards as provided in
s. 118.125 (2) (i).
49.32(7)(b)
(b) The department shall conduct a program to periodically match the records of recipients of aid to families with dependent children under
s. 49.19 and, if the department of health and family services contracts with the department under
s. 49.197 (5), recipients of medical assistance under
subch. IV and food stamp benefits under the food stamp program under
7 USC 2011 to
2036 with the records of recipients under those programs in other states. If an agreement with the other states can be obtained, matches with records of states contiguous to this state shall be conducted at least annually.
49.32(7)(c)
(c) The department shall conduct a program to periodically match the address records of recipients of aid to families with dependent children under
s. 49.19 and, if the department of health and family services contracts with the department under
s. 49.197 (5), recipients of medical assistance under
subch. IV and food stamp benefits under the food stamp program under
7 USC 2011 to
2036 to verify residency and to identify recipients receiving duplicate or fraudulent payments.
49.32(7)(d)
(d) The department, with assistance from the department of corrections, shall conduct a program to periodically match the records of persons confined in state correctional facilities with the records of recipients of aid to families with dependent children under
s. 49.19 and, if the department of health and family services contracts with the department under
s. 49.197 (5), recipients of medical assistance under
subch. IV and food stamp benefits under the food stamp program under
7 USC 2011 to
2036 to identify recipients who may be ineligible for benefits.
49.32(8)
(8) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of aid to families with dependent children under
s. 49.19 and by participants under Wisconsin works under
ss. 49.141 to
49.161 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under
s. 49.95 when warranted. The department shall use the state wage reporting system under
1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks.
49.32(9)
(9) Monthly reports of recipients of aid to families with dependent children. 49.32(9)(a)(a) Each county department under
s. 46.215,
46.22 or
46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under
ss. 49.141 to
49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under
s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under
s. 46.261 or
49.19 (10).
49.32(9)(b)
(b) The report under
par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of
par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the county department or Wisconsin works agency shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under
ss. 46.215,
46.22 and
46.23 administering aid to families with dependent children and Wisconsin works agencies administering Wisconsin works under
ss. 49.141 to
49.161 may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental or research purposes until the person whose record is to be inspected is notified by the county department or Wisconsin works agency, but in no case may the county department or Wisconsin works agency withhold this information for more than 5 working days. The county department or Wisconsin works agency shall keep a record of such requests. The record shall indicate the name, address, employer and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer and telephone number, the request to inspect this information may be denied.
49.32(9)(c)
(c) It is unlawful to use any information obtained through access to such report for political or commercial purposes. The violation of this provision is punishable upon conviction as provided in
s. 49.83.
49.32(10)
(10) Release of information to law enforcement officers. 49.32(10)(a)(a) Each county department under
s. 46.215,
46.22, or
46.23 may release the current address of a recipient of food stamps or of aid under
s. 49.19, and each Wisconsin works agency may release the current address of a participant in Wisconsin works under
ss. 49.141 to
49.161, to a law enforcement officer if the officer meets all of the following conditions:
49.32(10)(a)1.
1. The officer provides, in writing, the name of the recipient or participant.
49.32(10)(a)2.
2. The officer satisfactorily demonstrates, in writing, all of the following:
49.32(10)(a)2.a.
a. That the recipient or participant is a fugitive felon under
42 USC 608 (a) (9), is violating a condition of probation, extended supervision or parole imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.
49.32(10)(a)2.b.
b. That the location or apprehension of the recipient or participant under
subd. 2. a. is within the official duties of the officer.
49.32(10)(a)2.c.
c. That the officer is making the request in the proper exercise of his or her duties under
subd. 2. b.
49.32(10)(b)
(b) If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of a Wisconsin works participant, the law enforcement officer may request that a law enforcement officer be notified when the participant appears to obtain his or her benefits under the Wisconsin works program. At the request of a law enforcement officer under this paragraph, an employee of a Wisconsin works agency who disburses benefits may notify a law enforcement officer when the participant appears to obtain Wisconsin works benefits.
49.32(10m)
(10m) Release of addresses of recipients involved in legal proceedings. 49.32(10m)(a)(a) A county department, relief agency under
s. 49.01 (3m) or Wisconsin works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under
s. 49.01 (3), aid to families with dependent children or benefits under
s. 49.148 to a person, the person's attorney or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under
s. 813.12,
813.122,
813.123,
813.125 or
813.127. If the person is a respondent in an action commenced by the recipient under
s. 813.12,
813.122,
813.123,
813.125 or
813.127, the county department, relief agency or Wisconsin works agency may not release the current address of the recipient. No county department, relief agency or Wisconsin works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address and the reasons for making the request and indicating that he or she understands the provisions of
par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency or Wisconsin works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies and Wisconsin works agencies shall keep a record of each request for an address under this paragraph.
49.32(10m)(b)
(b) No person may use an address obtained under this subsection for a purpose that is not connected with the legal action or proceeding to which the person requesting the address is a party. No person may use an address obtained under this subsection for political or commercial purposes. No person may request an address under
par. (a) using a fictitious name. Any person who violates this paragraph is subject to the penalties under
s. 49.83.
49.32(11)
(11) Community action agencies. The department shall distribute all of the funds under
s. 20.445 (3) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under
42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.
49.32(12)
(12) Administrative hearings and appeals. Any hearing under
s. 227.42 granted by the department under this subchapter may be conducted before the division of hearings and appeals in the department of administration.
49.32 History
History: 1995 a. 27 ss.
2035 to
2037,
2276d,
2805 to
2809,
2927 to
2930,
3146 to
3149;
1995 a. 289,
361,
370,
404;
1997 a. 27,
35,
237,
252,
283;
2001 a. 16.
49.325
49.325
County department budgets and contracts. 49.325(1)(a)(a) Each county department under
s. 46.215,
46.22 or
46.23 shall submit its final budget for services directly provided or purchased under this subchapter to the department by December 31 annually.
49.325(2)
(2) Assessment of needs. Before developing and submitting a proposed budget for services directly provided or purchased under this subchapter to the county executive or county administrator or the county board, the county departments listed in
sub. (1) shall assess needs and inventory resources and services, using an open public participation process.
49.325(2g)(a)(a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services directly provided or purchased under this subchapter and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.
49.325(2g)(b)
(b) The department may not approve contracts for amounts in excess of available revenues. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department.
49.325(2g)(c)
(c) The joint committee on finance may require the department to submit contracts between county departments under
ss. 46.215,
46.22 and
46.23 and providers of services under this subchapter to the committee for review and approval.
49.325(2r)(a)(a) The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under
s. 46.215,
46.22 or
46.23 if the department determines that that portion of the allocated appropriation is any of the following:
49.325(2r)(a)1.
1. For services under this subchapter which duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.
49.325(2r)(a)2.
2. Inconsistent with state or federal statutes, rules or regulations, in which case the department may also arrange for provision of services under this subchapter by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.
49.325(2r)(a)5.
5. Inconsistent with the provisions of the county department's contract under
sub. (2g).
49.325(2r)(b)
(b) If the department withholds a portion of the allocable appropriation under
par. (a), the county department under
s. 46.215,
46.22 or
46.23 that is affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.
49.325(3)
(3) Open public participation process. 49.325(3)(a)(a)
Citizen advisory committee. Except as provided in
par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under
ss. 46.215,
46.22 and
46.23. The citizen advisory committee shall advise in the formulation of the budget under
sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of services and citizens. A majority of the members of the committee shall be citizens and consumers of services. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% services providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
49.325(3)(b)
(b)
Alternate process. The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under
sub. (2). The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under
par. (a) is not required.
49.325(3)(c)
(c)
Yearly report. The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under
par. (a) or a report on the open public participation process under
par. (b) on or before July 1 annually.
