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(11m)
(11m) Consolidation of allocated tribal funds. The department may consolidate funds appropriated under
s. 20.437 that are authorized or required to be allocated to federally recognized American Indian tribes or bands into a single distribution for each tribe or band in each fiscal year.
49.32(12)
(12) Administrative hearings and appeals. Any hearing under
s. 227.42 granted by the department under this subchapter or
ch. 48 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;
2003 a. 33;
2007 a. 20 ss.
1483 to
1491,
9121 (6) (a).
49.32 Annotation
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich,
98 Wis. 2d 274,
296 N.W.2d 742 (1980).
49.32 Annotation
Section 46.10 (18) and s. 46.10 (3) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W.
153 Wis. 2d 412,
451 N.W.2d 416 (1990).
49.32 Annotation
Section 46.01 (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery. Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust,
159 Wis. 2d 709,
465 N.W.2d 231 (Ct. App. 1990).
49.32 Annotation
The uniform fee system under s. 46.01 (18) and s. 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. Interest of Kevin C.
181 Wis. 2d 146,
510 N.W.2d 746 (Ct. App. 1993).
49.32 Note
NOTE: The above-cited cases relate to uniform fee schedules for services provided by predecessor agencies to the department of children and families under s. 46.03 (18).
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 or
ch. 48 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 or
ch. 48 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 or
ch. 48 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 or
ch. 48 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 or
ch. 48 that 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 or
ch. 48 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. At least one member of the committee shall be chosen from the governing or administrative board of the community action agency serving the county or counties under
s. 49.265, if any. 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.
49.325 History
History: 1995 a. 27;
2007 a. 20.
49.34
49.34
Purchase of care and services. 49.34(1)
(1) All services under this subchapter and
ch. 48 purchased by the department or by a county department under
s. 46.215,
46.22, or
46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under
s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in
s. 16.75.
49.34(2)
(2) All services purchased under this subchapter and
ch. 48 shall meet standards established by the department and other requirements specified by the purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of the services, and document the specific services in meeting the service plan for the client and the objective of the service.
49.34(3)(a)(a) Purchase of service contracts shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and for each service the number of clients to be served, number of client service units, the unit rate per client service and the total dollar amount for each service.
49.34(3)(b)
(b) Payments under a contract may be made on the basis of actual allowable costs or on the basis of a unit rate per client service multiplied by the actual client units furnished each month. The contract may be renegotiated when units vary from the contracted number. The purchaser shall determine actual marginal costs for each service unit less than or in addition to the contracted number.
49.34(3)(c)
(c) For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department.
49.34(3)(d)
(d) Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. This reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.
49.34(3)(e)
(e) If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, the actual cost incurred by the provider may be reimbursed in an amount determined by mutual agreement of the parties.
49.34(3)(f)
(f) Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond in an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.
49.34(4)
(4) For purposes of this section and as a condition of reimbursement, each provider under contract shall:
49.34(4)(a)
(a) Except as provided in this subsection, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double-entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double-entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under
s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.
49.34(4)(b)
(b) Cooperate with the department and purchaser in establishing costs for reimbursement purposes.
49.34(4)(c)
(c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined in
par. (a), from which it purchases services.
49.34(4)(d)
(d) Transfer a client from one category of care or service to another only with the approval of the purchaser.
49.34(4)(e)
(e) Charge a uniform schedule of fees as specified under
s. 49.32 (1) unless waived by the purchaser with the approval of the department. Whenever providers recover funds attributed to the client, such funds shall offset the amount paid under the contract.
49.34(5)
(5) Except as provided in
sub. (5m), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.
49.34(5m)(a)1.
1. "Provider" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.
49.34(5m)(a)2.
2. "Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
49.34(5m)(b)1.1. Subject to
subds. 2. and
3. and
par. (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.
49.34(5m)(b)2.
2. Subject to
subd. 3. and
par. (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.
49.34(5m)(b)3.
3. If on December 31, 1995, the amount accumulated by a provider from all contract periods ending on or before that date for all rate-based services provided by the provider exceeds 10% of the provider's total contract amount for all rate-based services provided by the provider in 1995, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess.
49.34(5m)(em)
(em) Notwithstanding
par. (b) 1. and
2., a county department under
s. 46.215,
51.42, or
51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus under
par. (b) 1. or accumulate funds under
par. (b) 2. from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 to
619.
49.34(5m)(f)
(f) All providers that are subject to this subsection shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
49.34(6)
(6) Contracts may be renegotiated by the purchaser under conditions specified in the contract.
49.34(7)
(7) The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and
ch. 68 or
227.
49.343
49.343
Rates for residential care centers and group homes. 49.343(1)(1) Subject to
sub. (1m), each residential care center for children and youth, as defined in
s. 48.02 (15d), and each group home, as defined in
s. 48.02 (7), that is incorporated under
ch. 180,
181,
185, or
193 shall establish a per client rate for its services and shall charge all purchasers the same rate.
49.343(1m)
(1m) Notwithstanding
sub. (1), the department, a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in
sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.
49.343(2)
(2) A residential care center for children and youth or a group home, as described in
sub. (1) or
(1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential care center for children and youth or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.
49.343(3)
(3) The department may require an audit of any residential care center for children and youth or group home, as described in
sub. (1) or
(1m), for the purpose of collecting federal funds.
49.343 History
History: 2007 a. 20 s.
830; Stats. 2007 s. 49.343.
49.345
49.345
Cost of care and maintenance; liability; collection and deportation counsel; collections; court actions; recovery. 49.345(1)(1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed exclusively by this section, except in cases of child support ordered by a court under
s. 48.355 (2) (b) 4.,
48.357 (5m) (a), or
48.363 (2) or
ch. 767.
49.345(2)
(2) Except as provided in
sub. (14) (b) and
(c), any person, including but not limited to a person placed under
s. 48.345 (3) or
48.357 (1) or
(2m), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, 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, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under
s. 49.32 (1). If a spouse, widow, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
49.345(3)
(3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the person; then, in the case of a minor, the parent or parents.
49.345(4)(a)(a) If a person liable under
sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under
ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.
49.345(4)(b)
(b) If judgment is rendered in an action brought under
par. (a) for any balance that is 90 or more days past due, interest at the rate of 12 percent per year shall be computed by the clerk and added to the liable person's costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under
s. 814.04 (4).
49.345(4)(c)
(c) If the department issues an order to compel payment under
par. (a), interest at the rate of 12 percent per year shall be computed by the department and added at the time of payment to the person's liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.
49.345(5)
(5) If any person named in an order to compel payment issued under
sub. (4) (a) fails to pay the department any amount due under the terms of the order, and no contested case to review the order is pending, and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
49.345(6)
(6) The sworn statement of the collection and deportation counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the person.
49.345(7)
(7) The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to the collection and deportation counsel such other powers and duties as it considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, and subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.
49.345(8)
(8) The department may do any of the following:
49.345(8)(a)
(a) Appear for the state in any and all collection and deportation matters arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable therefor.
49.345(8)(b)
(b) Determine whether any person is subject to deportation, and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state's interests and promote mutual amicable relations with other states.
49.345(8)(c)
(c) From time to time investigate the financial condition and needs of persons liable under
sub. (2), their present ability to maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person's ability to make payment in whole or in part.
49.345(8)(d)
(d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under
sub. (2) is liable, but not any claim payable by an insurer under
s. 632.89 (2) or
(2m) or by any other 3rd party.
49.345(8)(e)
(e) Make an agreement with a person who is liable under
sub. (2), or who may be willing to assume the cost of maintenance of any person, providing for the payment of such costs at a specified rate or amount.
49.345(8)(f)
(f) Make adjustment and settlement with the several counties for their proper share of all moneys collected.
49.345(8)(g)
(g) Pay quarterly from the appropriation under
s. 20.437 (1) (gg) the collection moneys due county departments under
ss. 46.22 and
46.23. Payments shall be made as soon after the close of each quarter as is practicable.
49.345(9)
(9) Any person who willfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers, and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings, or income or any funds deposited to the credit of or owing to any person liable under
sub. (2). That certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts stated in the certified statement, if a copy of the statement is served upon the party sought to be charged not less than 3 days before the hearing.
49.345(10)
(10) The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and periodically to review all unpaid claims.
49.345(11)(a)(a) Except as provided in
par. (b), in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.
49.345(11)(b)
(b) If a person who is liable under this section is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in
s. 859.02 shall be exclusively applicable. This paragraph applies to liability incurred on or after July 20, 1985.
