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. 767.80 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;
2005 a. 443 s.
265.
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) Subject to the incentive payments limit specified in
par. (a), the department shall distribute to counties, in accordance with the formula established under
par. (a), all of the following:
49.24(2)(b)1.
1. Of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 50% of the amount awarded that exceeds $12,340,000.
49.24(2)(b)2.
2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.
49.24(2)(b)3.
3. All federal matching funds associated with the amounts distributed under
subds. 1. and
2.
49.24(2)(c)
(c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under
ss. 49.22 and
49.227 and costs related to receiving and disbursing support and support-related payments.
49.24(2)(d)
(d) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000, the total of payments distributed to counties under
par. (b) and
sub. (1) for that federal fiscal year may not exceed $12,340,000.
49.24(3)
(3) A county that receives any state child support incentive payment under
sub. (1) or any federal child support incentive payment under
sub. (2) may use the funds only to pay costs under its child support program under
s. 49.22.
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.
49.32
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.
